03-432ORIGl�A4�
RESOLUTION
OF SAINT PAUL,
Presented By
�S
Referred To Committee: Date
1 BE ST RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the
2 City of Saint Paul be appointed as Sponsor for the Minnesota Transportation
3 Musuem to accept as its agent, federal aid funds which may be made
4 available for railcar renovation related projects.
5
6 BE IT FURTAER RESOLVED, the Mayor and the Director of Public Works are
7 hereby authorized and directed for and on behalf of the City to execute and
8 enter into an agreement with the Minnesota Transportation Museum
9 prescribing the terms and conditions of said federal aid participation as
10 set forth and contained in "Minnesota Transportation Museum Agency
11 Agreement No., a copy of which said agreement was before the City
12 Council and which is made a part thereof by reference.
Yeas Nays Absent Requeste by Department
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Adopted by Council: � Date� � 3
Adoption Certifi§� by Council Secretary `
By
Approved By
By
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Council File # �3 � �3 �
Green Sheet # 106402
Approval Recommended by Budget Director:
By: �
Form Approved by City Attorney:
BY: /StC �� �
App d Mayor for m s'o
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Council:
OEPARTMEM/OFFICE/COUNCIL -- ----- ��NITIATEG GREEN SHEET No. 106402
Public Works � 4/22/2003
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COMACT PERSON & PHONE
Paul Kurtz - 266-6208
MUn BE ON COUNCIL AGENDA BY (DATE)
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ACTION FEQUESiED
Approval of attached Council Resolukion authorizing the Department of Public Works to enter into an agreement with the Minnesota
Transportation Museum, to act 2s its agem in receiving federal funds.
RECOMMEN�ATIONS'Apprwe (A) o� Rel� (R)
PLANNING COMMISSION
, __ CB CqMMITTEE
_ CIVILSERVICECOMMISSION
1 Has this per:wNfirm ever worketl under a contract for this departmerrt?
YES NO
���, 2. Has this persoNfirm ever been a ciry employee?
YES NO
3 Does this persoNfii m possess a skill not normally possessed by any current city employee?
YES NO
� 4. Is ihis persoNfirm a targeted ventloR
� YES NO �
The Director of Public Works would like authorization to enter into an agreement with the Minnes�ta 1'ranspor[ation Museum to act as its
agent in receiving Federal funds for renovauon of railcazs at its Jac'kson Street location.
A�VANTAGESIFAPPROVED:
The Depazhnent of Pubtic Woiks will be the "sponsoi' foe the Minnesota Transportarion Mus�um, allowing them to receive federal funds
' for the restoraflon of railcazs at its Jackson Sheet location.
�' IDISADVAfJrAGESIFAPPROVED.
I None.
DISADVAMAGES IF NOTAPPROVED:
, Federal funds will be forfeited and the restoration project will not take place.
APR 2.2 2003
CITY ATTORP
4 0TAL AMOUNT OF TRANSACTION § COST/REVENUE BUDGETESY (CIRCLE ONE) YES uo
FUNDMG SOURbE Fed Funds & MTM contdbution - NO CITY FtJNDS AC71VI7Y NUMBEB CO3-ZT890
FINqNC1ALINFORMATION(EXPLAIN) -� "" "'`�
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AGENCY AGREEMENT
BETWEEN
CTI'I' OF SAINT PAUL
AND
NIINNESOTA 'I`RANSPORTATION MUSEUM
FOR FEDERAL PARTICIPAT'ION II�i CONS'IRUCTION
FOR
S.P. 164-595-006; M.P. TEA 6299(068)
This agreement made and entered into by and between the Minnesota Transportation Museum,
hereinafter referred to as the "MTM" and the City of Saint PaUl Aepartrnent of Public Works,
hereinafter referred to as the "City",
WHEREAS, pursuant to Minnesota Statutes Section 161.36, the MTM desires the City to act
as its agent in accepting federal funds on its behalf for the construction, improvement, or enhancement
of transportation which will be financed either in whole or in part by federal funds; and
WHEREAS, the MTM is proposing a federal aid project to restore and install HVAC systems
in exhibit cars located at the east side entrance of the Jackson Street Roundhouse, hereinafter referred
to as the "ProjecP'; and
WHEREAS, the Project is eligible for the expenditure of federal aid funds and is identified in
City records as State Project 164-595-006; and in Federal F3ighway Administration records as
Minnesota Project T`EA 6299(068}; and
WHEREAS, Minnesota Statutes Section 161.36 requires that the terms and conditions of this
agency be set forth in an agreement.
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NOW, THE PAR'I'lES AGREE AS FOLLOWS:
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A. APPOINTMENT. Pursuant to Minnesota Statute Section 16136, the MTM appoints
the City to act as its agent in accepting federai funds on its behalf made available for the
Project.
B. I.ET'TING. The following procedure shall be followed in accordance with Minnesota
Law.
The City will publish the advertisement calling for bids on the Project in
accordance with established policies and procedures of the City's Purchasing
Division. MTM will reimburse the City for all costs incurred for advertising the
Project.
2. The advertisement will state where the proposals, plans and specifications aze
available for the inspecrion of prospective bidders, and where the sealed bids
will, be received by the City.
3. Bids will be opened by a representative of the City.
4. After the bids are opened, the City and MTM will consider the bids and
thereupon joinfly recommend to awazd the project to the lowest responsible
bidder, or to reject all bids.
5. The City will prepare and process all documents associated with awarding the
contract to the lowest responsible bidder.
6. The MTM will deposit the anticipated non-federal share of the project funds
with the City prior to award of contract. The City can then use the deposit and
anticipated federal receipts to demonstrate solvency.
II CONTRACT ADMIIVISTRATION.
1. The MTM will administer and have charge of the Project on behalf of the
MTM and the City.
2. The MTM will fumish and assign a registered engineer or azchitect "Project
Manager" to be in responsible charge of the Project and to supervise and direct
the work to be performed under any contract let for the Project.
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The Project will be constructed in accordance with plans, special provisions,
and standard specifications for the Project. The standazd specifications will be
the latest edition of the Minnesota Departrnent of Transportation Standard
Specifications for Highway Construction, and all amendments thereto. The
plans, special provisions, and specifications incorporated into this agreement by
reference as though fully set forth herein.
4. The plans, special provisions, and standard specifications for the Project must
be on file at the MTM Manager's O�ce.
5. The MTM will furnish the personnel, services, suppiies and equipment
necessary in order to properly supervise, inspect and document the work for
the Project.
6. Quantities will be documented in accordance with the guidelines set forth in the
Minnesota Department of Transportation Documentation Manual for
Construcuon Pay Quantities.
The MTM may recommend changes in the plan or character of the work as
may be necessary to complete the Project. If the Minnesota Department of
Transportation (hereinafter referred to as Mn/DOT) concurs in such
recommendation, the Project Manager will prepaze the supplemental
agreement(s) with the individual, firm, or corporation contracting for and
undertaking prosecution of the prescribed work (hereinafter "Contractor") in
accordance with Mn/DOT procedures, and transmit to Mv/DOT for execution.
Any work performed under a supplemental agreement will not be eligible for
reimbursement by the FHWA unless the supplemental agreement has been
approved by Mn/DOT and sufficient federal funds are available.
8. The MTM will request approval from Mn/DOT for costs expected to exceed
the Project's construction contract bid amount, prior to incurring such costs.
9. The MTM will prepare reports, keep records and perform work so as to
enable Mn/DOT to collect the federat aid sought by the MTM in accordance
with Mn/DOT's record retention schedule for federal aid projects.
10. Upon completion of the Project, the Project Manager and a representative of
Mn/DOT will inspect the work and advise the City whether or not the work
should be accepted.
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It is anticipated that the entire cost of the Project is to be paid from funds made
available by the Federal Highway Administration and by the MTM. The 1VTTM
will pay any part of the cost or expense of the work that the Federal Highway
Administration does not pay.
2. Payments to the Contractor will be made in a timely manner (30 days) so as to
avoid ciaims.
3. At least once a month at regular intervals, the Project Manager will prepare a
partial esumate in accordance with the terms of the contract, special provisions,
and standazd specifications for the Project, and the procedures established by
Mn/DOT's Office of Construction. Each partial estimate must be certified by
the Project Manager and the Contractor, and be transmitted to the City's
Public Works Office for processing.
4. Upon completion of the Project, the Project Manager will prepaze a final
estimate in accordance with the terms of the contract, special provisions, and
standazd specifications for the Project. The final estimate must be certified by
the Project Manager and the Contractor and transmitted to the City's Public
Works Office for processing.
Based on the final estimate, any additional M'PM share of the final contract
costs will be the responsibility of the MTM.
E. LIlvIITATIONS. The MTM shall comply with all Federal, State and local laws,
together with all ordinances and regulations appiicable to the work.
Nondiscrimination. It is the policy of the Federal Highway Administration and
the State of Minnesota that no person in the United States shall, on the grounds
of race, color or national origin, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion
of the mandate for nondiscriminarion in Title VI and through parallel legislation,
the prescribed basis of discrimination include race, color, sex, national origin,
age, and disability. In addition, the Title VI program has been extended to
cover all programs, activities and services of an enrity receiving Federal
financial assistance, whether such programs and activities are Federally assisted
or not. Even in the absence of prior discriminatory practice or usage, 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
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participation in, or is denied the benefits of, the program ar activity on the
grounds of race, color, national origin, sex, age or disability. It is the
responsibility of the MTM to carry out the above requirements.
2. Warkers' Compensation. Any and all employees of the MTM or other
persons while engaged in the performance of any work or services required
or pernutted by the MTM under this agreement will not be considered
employees of the City, and any and all claims that may arise under the
Workers' Compensation Act of Minnesota on behaif of said employees, or
other persons while so engaged will in no way be the obligation or responsibility
of the City. The MTM will require proof of Workers' Compensation Insurance
from any Contractor and Sub-Contractor.
3. Utilities. T'he MTM must treat all public, private or cooperalively owned utility
facilities which directly or indirectly serve the public and which occupy highway
rights-of-way in conformance with "A Policy for the Accommodation of
Utilities on Highway Rights-of-Way" as approved on Apri15, 1988 by the
United States Department of Transportation, Federal Highway Administration,
Minnesota Division, which is made a part hereof by reference.
f��I1�SYy
The NTTM must comply with the Single Audit Act of 1984 and Office of
Management and Budget (OMB) circular A-133, which are hereby
incorporated by reference and made a part of this agreement.
2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all
books, records, documents and accounting procedures and practices of the
MTM are subject to examination by the United States Government, Mn/DOT,
the City, and either the legislative auditor or the state auditor as appropriate, for
a minimum of six years. The MTM will be responsible for any costs associated
with the performance of the audit.
G. MAINTENANCE. The MTM assumes full responsibility for the operation and
maintenance of any facility constructed or improved under this agreement.
H. CLAIMS. The MTM will pay any and all lawful claims arising out of or incidental to
the performance of the Project work, in the event that the federal govemment does not
pay the same. In all events, the MTM will hold the City hannless from any claims
arising out of the Project.
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III DUTIES OF THE CITY AND NIN/DOT
A. ACCEPTANCE. The City accepts appointment as Agent of the MTM and will act in
accordance herewith.
B. AiJTHORIZATION. Mn/DOT will make the necessary requests to the Federal
I3ighway Administration for authorization of Federal participation in the Project.
The City will make reimbursements therefore to the MT'M under the terms of this
agreement.
C. CONTI2ACT ADMINISTRATION
l. The City will prepaze and execute a construction contract with the Contractor,
in accordance with the special provisions and the latest edition of Mn/DOT's
Standazd Specifications for Construction.
2. The City may enter into supplemental agreements with the Contractor for the
performance of extra or changed work as recommended by the Project
Manager and approved by Mn/DOT.
3. Upon completion of the Project, Mu/DOT will inspect the wark and deternune
whether or not the work should be accepted.
D. PAYMENTS
1. The City wall receive, from Mv/DOT, the Federal Aid Funds to be paid by the
Federal Highway Administrauon for the Project.
2. The MTM wili deposit the non-Federal share of funding for the Project with
the City prior to awazd of contract.
3. The City will pay from said funds partial payments to the Contractor as
provided for and designated as partial estimates in the construction contract for
the Project.
4. Upon completion and acceptance of the work by Mn/DOT, the City will
pay from said funds the final payment to the Contractor as provided far and
designated as the final estimate in the construcrion contract for the Project.
E. AUTHORTTY
The decision of Mn1DOT on final acceptance of the work and other matters
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necessary to complete the Project is finai, binding, and conclusive on the parties
hereto.
F. INSPECTION.
The City, Mn/DOT, the Federal Highway Administration, or duly authorized
representatives have the right to audit, evaluate and monitor the work perfozmed under
tlus agreement and will have access to all books, records, and documents pertaining to
the work hereunder, for a minimum of six yeazs.
IV. AUTHORIZED REPRESENTATIVES. Each authorized representative will insure that
all payments due to the other party aze paid pursuant to the tenms of this agreement.
A. The MTM's authorized representative for the purposes of administration of this
agreement is Wanda Sims, Properties Director, Minnesota Transportation Museum,
PO Box 1805 Pioneer Station, St. Paul, MN 55101-0805, phone 651-291-7588, or
her successor.
S. The City's authorized representative far the pucposes of adsninistration of this
agreement is Paui Kurtz, Public Works Administration Engineer, 25 West 4`� Street,
1000 City Hall Annex, City of Saint Paul, MN 55102, phone 651-266-6203, or his
successor.
V. I�IABILTI'Y. 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 far the acts and
omissions of any others and the results thereof.
VI. ASSIGNMENT. Neither the MTM nor the City will assign ar transfer any rights or obligations
under this agreement without prior written approval of the other party.
VII. AMENDMENTS. Any amendments/supplements to this Agreement must be in wrifing,
and must be executed by the same parties who executed the originai agreement, or their
successors in office.
VIII_ AGREEMENT EFFECTIVE DATE. This agreement is effective upon execution by the
MTM and the City, pursuant to Minnesota Statutes Section 16C.05 and wili remain in effect
for two (2) years from the effective date or untii all obligations set forth in this agreement have
been satisfactorily fulfilled, whichever occurs first.
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TX. CANCELLATTON.
A This agreement may be canceled by the MTM or the City at any time, with or
without cause, upon ninety (90) days written notice to the other party. Such
terminarion will not remove any unfulfilled financial obligations of the MTM as set
forth in this Agreement. In the event of such a canceilation, the MTM will be
entitled to reimbursement for eli�ble expenses inc�ured for work satisfactorily
performed on the Project to the date of cancellation.
B. In the event the State does not obtain funding from the Minnesota L.egislature or
other funding sources, or funding cannot be continued at a sufficient levei to allow
for the processing of the federal aid reimbursement requests, the MTM may continue
the work with local funds only, until such time as the City is able to process the
federal aid reimbursement requests.
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IN WI"I'NESS WHEREOF, the parties have caused this Agreement to be duly executed intending to
be bound thereby.
Minnesota Transportation Museum (MT1Vn
MTM certifies that the appropnate person(s)
have executed this agreement on behalf of the MTM as
requued by applicable articles, bylaws, cesolutions, or ordinances.
CITY OF SAINT PAUL, MINNESOTA
Recommended for approval:
Director of Pablic Works
Apptoved as to Form:
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Saint Paul Ciry Attorney
Date: /Z z / /) 3
Mayor
By:
D'uector of Financial and Management Services
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