03-286Council File # �.� � ��
RESOLUTION creen saeet # �o���s
CITY OF SAINT PAUL, MINNESOTA 1
�
Presented By
RefeTYed To COmmittee: Date
1 W HEREAS, on some City of Saint Paul transportation related projects, the City finances either in whole
2 or in part the projects with federal funding; and
3
4 W HEREAS, the City desires that the Minnesota Department of Transportation act as the City's agent
5 in accepting Federal Aid on the City's behalf for the construction, improvement, or enchancement
6 of transportation financed either in whole or in part by federal funds; now therefore,
7
8 BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation
9 be appointed as Agent of the City of Saint Paul to accept as its agent, federal aid funds which may be
10 made available for eligible transportation related projects.
11
12 BE IT FURTHER RESOLVED, the Deputy Mayor and the City Engineer are hereby authorized and
13 directed for and on behalf of the City to execute and enter into an agreement with the Commissioner
14 of Transportation prescribing the terms and conditions of said federal aid participation set forth and
15 contained in "Minnesota Department of Transportation Agency Agreement No. 84218," a copy of which
16 said agreement was before the City Council and which is made a part hereof by reference.
B a e�y
Bostrom
Rezter
Harric
Benanav
Lantry
Coleman
Yeas
Absent
Requested by Department of:
PUBLIC WORKS /°�
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5
Adopted by Council: Date
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Adoption Certified by Council Secretary
By:
By:
by OFS Director:
By:
Form Approved by City Attorney:
DEPARTMEM/OFFICFJCAUNCIL DA7EINITIATED GREEN SHEET No. 202375
Public Works 3/12/2003
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TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED
Authorize the Deputy Mayor and the City Engineer to enter into agreement with the Minnesota Department of Transportation which
prescribes terms and condirions of Federal Aid participation on Ciry of Saint Paul4ansportation related projects.
RECAMMENDATIONSApprove (A) w Re�ect (R) •
PLANNINGCAMMISSION �� �U�Pe��a�'+���eduntleracontrsctfuthistlepaMienl7
— YES NO
CIB COMMffTEE
— 2. Has iha persoNfirtn ever been a rAyemptoyee?
CIVILSERVICECOMMISSION �S NO
A STAFF 3. Does ihis persoNfirtn possess a sitill not nwm2ily possessetl by arry artent My employee?
— VES NO
— 4. Is this person/firm a targetetl ventloR
YES NO
Explain all yes answers on sepa2[e sheet and attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITY(WHO, WHAT, WHEN, WHERE, WIi1��
The City funds some transportation related projects with Federal funding. The Minnesota Department of Transportarion acts as the CiTy's
agent in accepting the Federal funding. Tlris agreement revises the existing agreement which was signed in 1999.
The new agreement clarifies the roles of MnDOT and the City, as required by the Federal Highway Administration.
ADVANrAGESIFAPPRpVED: .
The City will conrinue to be eligible to receive Federal funding. ��-��-;1,!��
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DISADVAPf�AGES :F APPROVE�:
None
DISADVANTAGES IF NOTAPPROVED:
N/A
70TAL AMOUNT OF TRANSACTION $ N/A COST/REVENUE BUDGETED (CIRCLE ONE) YES No
FUNDING SOURCE ACTIVITY NUMBER
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MnlDOT A�reement No. 84218
STATE OF MINNESOTA AGENCY AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
AND
CITY OF ST. PAUL
FOR FEDERAL PARTICII'ATION IN CONSTRUCTION
This agreement is entered into by and between the City of St. Paul ("City") and the State of
Minnesota acting through its Commissioner of Transportation ("Mn/DOT"),
Pursuant to Minnesota Statutes Section 16136, the City desires Mn/DOT to act as the City's
a�ent in accepting federal funds on the Cit}�s behalf for the construction, improvement, or
enhancement of transportation financed either in whole or in part by federal funds, hereinafter
referred to as the "Project(s)"; and
Mn/DOT requires that the terms and conditions of this agency be set forth in an agreement.
THE PARTIES AGREE AS FOLLOWS:
I. DUTIES OF THE CITY.
A. DESIGNATION. The City designates Mn/DOT to act as its agent in acceptin�
federal funds in its behalfmade available for the Project(s).
B. STAFFING.
1. The City will furnish and assign a publicly employed registered engineer,
("Project Engineer"), to be in responsible charge of the Project(s) and to
supervise and direct the work to be performed under any construction contract let
for the Project(s). In the altemative where the City elects to use a private
consultant for construction engineering services, the City will provide a qualified,
full-time public employee of the City, to be in responsible charge of the
Project(s). The services of the City to be performed hereunder may not be
assigned, sublet, or transferred unless the City is notified in writin� by Mn/DOT
that such action is permitted under 23 CFR 133 and 23 CFR 635.105 and state
law. This written consent will in no way relieve the City from its primary
responsibility for performance of the work.
(MNDOT Agreement No. 81213)
N:\FedAid' DCP' DCP Aezncy Aereement & Le[[er-blerse Tzmplate.doc 227� 03 P�gz �
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2. During the progress of the work on the Proj ect(s), the City authorizes its Proj ect
Engineer to request in writing specific engineerin� and/or technical services from
Mn/DOT, pursuant to Minnesota Statutes Section 16139. Such services may be
covered by other technical service a�eements. If Mn/DOT fumishes the services
requested, and if Mn/DOT requests reimbursement, then the City will promptly
pay Mn/DOT to reimburse the state trunk highway fund for the full cost and
expense of fumishing such services. The costs and expenses will include the
current Mn/DOT labor additives and overhead rates, subject to adjustmentbased
on actual direct costs that have been verified by audit. Provision of such services
will not be deemed to make Mn/DOT a principal or co-principal with respect to
the Project(s).
C.
LETTNG. The City will prepare construction contracts in accordance with
Minnesota law and applicable Federal laws and regulations.
1. The City will solicit bids after obtaining written notification from Mn/DOT that
the Federal Highway Administration ("FHWA") has authorized the Project(s).
Any Project(s) advertised prior to authorization will not be eligible for federal
reimbursement.
2. The City will prepare the Proposal for Highway Construction for the construction
contract, which will include all of the federal-aid provisions supplied by
Mn/DOT.
3. The City will prepare and publish the bid solicitation for the Project(s) as
required by state and federal laws. The City will include in the solicitation the
required language for federal-aid construction contracts as supplied by Mn/DOT.
The solicitation will state where the proposals, plans, and specifications are
available for the inspection of prospective bidders, and where the City will
receive the sealed bids.
4. The City may not include other work in the construction contract for the
authorized Project(s) without obtaining prior notification from Mn/DOT that such
work is allowed by FHWA. Failure to obtain such notification may result in the
loss of some or all of the federal funds for the Project(s).
5. The City will prepare and sell the plan and proposal packages and prepare and
distribute any addendums, if needed.
6. The City will receive and open bids.
7. ABer the bids are opened, the City Council will consider the bids and will award
the bid to the lowest responsible bidder, or reject all bids. If the construction
contract contains a goal for Disadvantaged Business Enterprises, the City will not
award the bid until it has received certification of the Disadvantaged Business
N.' FtdA�d'-.DCP DCP Aeency Aereement & LzttervM11eree Templa[e doc ?,27r03
(Mn/DOT Asrezmenc No 8�218)
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Enterprise participation from the Mn/DOT Equal Employment Opportunity
Office.
D. CONTRACT ADMINISTRATION.
1. The City will prepare and execute a construction contract with the Contractor, in
accordance with the special provisions and the latest edition of Mn/DOT's
Standard Specifications for Construction.
2. The Project(s) will be constructed in accordance with plans, special provisions,
and standard specifications of each Project. The standard specifications will be
the latest edition of Mn/DOT Standard Specifications for Highway Construction,
and all amendments thereto. The plans, special provisions, and standard
specifications will be on file at the City Engineer's Office. The plans, special
provisions, and specifications are incorporated into this agreement by reference
as though fully set forth herein.
3. The City will furnish the personnel, services, supplies, and equipment necessary
to properly supervise, inspect, and document the work for the Project(s). The
services of the City to be performed hereunder may not be assigned, sublet, or
transferred unless the City is notified in writing by Mn/DOT that such action is
permitted under 23 CFR 133 and 23 CFR 635.105 and state law. This written
consent will in no way relieve the City from its primary responsibility for
performance of the work.
4. The City will document quantities in accordance with the guidelines set forth in
the Mn/DOT Contract Administration Manual Sections 410 and 420 that were in
effect at the time the work was performed.
5. The City will test materials in accordance with the Mn/DOT Schedule of
Materials Control in effect at the time each Project was let. The City will notify
Mn/DOT when work is in progress on the Proj ect(s) that requires observation by
the Independent Assurance Inspector as required by the Independent Assurance
Schedule.
6. The City may make changes in the plans or the character of the work, as may be
necessary to complete the Project(s), and may enter into supplemental
agreement(s) with the individual, firm, or corporation contracting for and
undertaking prosecution of the prescribed work (hereinafter "Contractor"). The
City will not be reimbursed for any costs of any work performed under a
supplemental agreement unless Mn/DOT has notified the City that the subject
work is eligible for federal funds and sufficient federal funds are available.
7. The City will request approval from Mn/DOT for all costs in excess of the
amotmt of federal funds previously approved for the Project(s) prior to incurring
(Mn.'DOT Agreement No 84218)
N�FedAid' DCP UC'P A�ency Asreemen[ & Letteo-Meree 7'emplata doc 2 27, 03 Naee 3
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such costs. Failure to obtain such approo�al may result in such costs being
disallowed for reimbursement.
8. The City will prepare reports, keep records, and perform work so as to enable
Mn/DOT to collect the federal aid sou�ht by the City. Required reports are listed
in the Mn/DOT State Aid Manual, Delegated Contract Process Checklist,
available from Mn/DOT's authorized representative. The City will retain all
records and reports in accordance with Mn/DOT's record retention schedule for
federal aid proj ects.
9. Upon completion of the Project(s), the Proj ect En�ineer will determine whether
the work will be accepted.
E. PAYMENTS.
1. The entire cost of the Project(s) is to be paid from federal funds made available
by the FHWA and by other funds provided by the City. The City will pay any
part of the cost or expense of the Project(s) that is not paid by federal funds.
2. The City will prepare partial estimates in accordance with the terms of the
construction contract for the Project(s). The Project En�ineer will certify each
partial estimate. Following certification of the partial estimate, the City will make
partial payments to the Contractor in accordance with the terms of the
construction contract for the Project(s).
3. Following certification of the partial estimate, the City may request
reimbursement for costs eligible for federal funds. The City's request will be
made to MnlDOT and will include a copy of the certified partial estimate.
4. Upon completion of the Project(s), the City will prepare a final estimate in
accordance with the terms of the construction contract for the Project(s). The
Project Engineer will certify the final estimate. Following certification of the final
estimate, the City will make the final payment to the Contractor in accordance
with the terms of the construction contract for the Project(s).
5. Following certification of the final estimate, the City may request reimbursement
for costs eligible for federal funds. The City's request will be made to Mn/DOT
and will include a copy of the certified final estimate along with the required
records.
F. LIMITATIONS.
1. The City will comply with all applicable Federal, State, and local laws,
ordinances, and regulations.
(YIn;DOT Aereemant No 83218)
N� PedA�d'�DCP DCP Aeency Aerezmen[ & Letter-Nlerse Template doc 227�0? Pase 1
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2. Nondiscrimination. It is the policy of the Federal Hi�hway Administration and
- the State of Minnesota that no person in the United States will, on the �ounds of
race, color, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any pro�am or activity
receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of
the mandate for nondiscrimination in Title VI and throu�h parallel legislation, the
prescribed bases of discrimination include race, color, sex, national origin, a�e,
and disability. In addition, the Title VI program has been extended to cover all
programs, activities and services of an entity receiving Federal financial
assistance, whether such programs and activities are Federally assisted or not.
Even in the absence of prior discriminatory practice or usa�e, a recipient in
administering a program or activity to which this part applies, is expected to take
affirmative action to assure that no person is excluded from participation in, or is
denied the benefits of, the pro�am or activity on the grounds of race, color,
national origin, sex, age, or disability. It is the responsibility of the City to carry
out the above requirements.
3. Workers' Compensation. Any and all employees of the City or other persons
while engaged in the performance of any work or services required or permitted
by the City under this agreement will not be considered employees of Mn/DOT,
and any and all claims that may arise under the Workers' Compensation Act of
Minnesota on behalf of said employees, or other persons while so engaged, will
in no way be the obligation or responsibility of Mn/DOT. The City will require
proof of Workers' Compensation Insurance from any contractor and sub-
contractor.
4. Utilities. The City will treat all public, private or cooperatively owned utility
facilities which directly or indirectly serve the public and which occupy highway
rights ofway in conformance with 23 CFR 645 "Utilities" which is incorporated
herein by reference.
G. AUDIT.
1. The City will comply with the Single Audit Act of 1984 and Office of
Management and Budget (OMB) circular A-133, which are incorporated herein
by reference.
2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books,
records, documents, and accounting procedures and practices of the City are
subject to examination by the United States Government, Mn/DOT, and either
the Legislative Auditor or the State Auditor as appropriate, for a minimum of
seven years. The City will be responsible for any costs associated with the
performance of the audit.
H. MAINTENANCE. The City assumes full responsibility for the operation and
maintenance of any facility constructed or improved under this A�reement.
(�In/DOT Aereement No. 83218)
N�FzdAid�,DC P�DCP Aeency Agreement & Lztrer-blzroe Templatz doc 2?7.03 Page >
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I. CLALMS. The City will pay any and all lawful claims arisin� out of or incidental to
the performance of the Project(s) work. The City acknowled�es that Mn/DOT is
actin� only as the City's a�ent for receipt and disbursement of federal funds, and not as
a principal or co-principal with respect to the Project(s). In all events, the City will
indemnify Mn/DOT and hold Mn/DOT harmless from any claims arising out of the
Proj ect(s).
II. DUTIES OF Mn/DOT.
A. ACCEPTANCE. Mn/DOT accepts designation as A�ent of the City for the receipt
and disbursement of federal funds and will act in accordance herewith.
B. PROJECT ACTIVITIES.
1. Mn/DOT will make the necessary requests to the FHWA for authorization to use
federal funds for the Project(s), and for reimbursement of eligible costs pursuant
to the terms of this agreement.
2. Mn/DOT will provide to the City copies of the required Federal-aid clauses to be
included in the bid solicitation and will provide the required Federal-aid
provisions to be included in the Proposal for Highway Construction.
3. Mn/DOT will review and certify the DBE participation and notify the City when
cer[ification is complete.
4. Mn/DOT will provide the required labor postings.
C. PAYMENTS.
1. Mn/DOT will receive the federal funds to be paid by the FHWA for the
Project(s), pursuant to Minnesota Statutes § 16136, Subdivision 2.
2. Mn/DOT will reimburse the City, from said federal funds made available to each
Project, for each partial payment request, subject to the availability and limits of
those funds.
3. Upon completion ofthe Project(s), Mn/DOT will perform a final inspection and
verify the federal and state eligibility of all the payment requests. If the Proj ect is
found to have been completed in accordance with the plans and specifications,
Mn/DOT will promptly release any remaining federal funds due the City for the
Project(s).
4. In the event Mn/DOT does not obtain funding from the Minnesota Legislature or
other funding source, or fundin� cannot be continued at a sufficient level to allow
for the processing of the federal aid reimbursement requests, the City may
(M1In�DOT.4srezmentNO 31'_18)
N�FedAid UCP DCP Agzncy Asreement & LettervMeroe Tzmplate da: 2�27;03 Paee 6
03 •��to
continue the work with local funds only, until such time as Mn/DOT is able to
process the federal aid reimbursement requests.
D. AUTHORITY. MnlDOT may withhold federal funds, where Mn/DOT or the FHWA
determines that the Project(s) was not completed in compliance with federal
requirements.
E. INSPECTION. Mn/DOT, the FHWA, or duly authorized representatives ofthe state
and federal govemment will have the right to audit, evaluate and monitor the work
performed under this a� The City will make available all books, records, and
documents pertaining to the work hereunder, for a minimum of seven years following
the closin� of the construction contract.
III. TORT LIABILITY. Each party is responsible for its own acts and omissions and the results
thereof to the extent authorized by law and will not be responsible for the acts and omissions
of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes
Section 3.736, govems Mn/DOT liability.
IV. ASSIGNMENT. Neither party will assign or transfer any rights or obli�ations under this
agreement without prior written approval of the other party.
V. AMENDMENTS. Any amendments/supplements to this Agreement will be in writing and
executed by the same parties who executed the original a�eement, or their successors in
office.
VL AGREEMENT EFFECTNE DATE. This agreement is effective upon execution by the
appropriate State officials pursuant to Minnesota Statutes Section 16C.05.
VII. CANCELLATION. This agreement may be canceled by the City or Mn/DOT at any time,
with or without cause, upon ninety (90) days written notice to the other party. Such
termination will not remove any unfulfilled financial obligations of the City as set forth in
this Agreement. In the event of such a cancellation the City will be entitled to reimbursement
for Mn/DOT-approved federally eligible expenses incurred for work satisfactorily performed
on the Project to the date of cancellation subject to the terms of this agreement.
(Ma'DOT A�reement No 83213)
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� [N W"ITNESS W"HEREOF, the parties have caused this Agrecment to be duly execured iniending ro be bound thereby.
i. CITY
City certifies that the appropriate person(s)
hace execured the mntract on behalf of the Ciry as
required by appticable artides, bylaW�s, resolutions, or ordinances
Deputy Mayor
�'-�
?. DEPART)IENT OF TR4\SPORTaTlO\
�
Tide: Direcror.
State Aid for Local Transportation
Date:
3. COMDIISSIONER OF AD�I7AISTRATION
Dare:
4. ATTORNEI' GENE[UL
As to form and execution
Tide: Citv Enaineer
Date:
Date
APPROVED AS TO FORM
BY� �y�f"�1SGC �• (J�
Title: Assistant City Attorney
Date: 3/j2, �(,�
N��edAid\DCP�DCP A�ency A�reement & Letrer-Mer�e Template.doc 227/03
(Mn�DOT Agreement ho 84? 18)
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