05-578Council File # ���
RESOLUTION
Presented
Referred To
Green Sheet # 205906_
Committee Date
1 BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be
2 appointed as Agent of the City of Saint Paul, to accept as its agent, federal aid funds which may be made available
3 for eligible transportation related projects.
4 BE TT FURTHER RESOLVED, the Mayor and the City Engineer are hereby authorized and directed for and
5 on behalf of the City to execute and enter into an agreement with the Commissioner of Transportafion prescribing
6 the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of
7 Transportafion Agency Agreement No. 88194", a copy of which said agreement was before the City Council and
8 which is made a part hereof by reference.
Requested by Deparhnent of:
Benanav
Bostrom ,/
Harris ,i
Helgen ✓
Lantry ,/
Montgomery �/
Thune ,/
>
By:
Form Approved by City Attorney
Adopted by CouncIl: Date // U�J�
Adopuon Certified by Council Secretary
By� � / Qi GSl�ie
Approved M o . Date �
By:
OF
PAUL, MINNESOTA
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Lisa Faik�' 266-6117
MUST BE ON COUNCILAGENDABY (DA7E)
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TOTAL # OF SIGNATURE PAGES
GREEN
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No. 205906
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DEPARiMEMDIRECTOR
cm couria�
l331GN � ❑
CfTYATfORNEY CfTYCLERK
NOAIBER FOR
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ORDER
❑ MAVOR(ORASSISTANT) ❑�UNCILRESEARCH
❑ ❑
1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUE5iED � "
Approve Council Resolution authori�;ng proper city officials to enter into an Agreeme� with the Minnesota Deparhnent of Trausportation for
Fedetal Aid pazticipation for Construction, Engineering, and Inspection for Phalen Boulevard Phase III.
RECAMMEN�ATIONS:ApprOVe (A) w Reject (R)
_ CIBCAMMITTEE
CIVIL SERVICE COMMISSION
A
PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
1. Has this persaJfi(m everwpked undxa cont2c[ kr this department?
YES NO
2 Has this persoNfinn ever been a cityemployea?
YES NO
3. Does this persoNfrtn possess a sWll not nomallY Wssessed bYarry curteM qty empl0y¢e�
YES NO
4. �I5 th�s persoNfi�m a fargetetl ve�tlof� "
YES NO
Fxplaln ail yas answers on separata shee! aM apach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITV (WHO, W HAT, WMEN, WHERE,
W HY):
The Phalen Boulevazd Project is partially funded with Federal TEA-21 lugh priority project fuuds. Engineering and Inspection costs are an
eligible cost for these funds. In order to get reimbursed for the federal fimds, aa agreement between the City and the Minuesota Deparlxnent
of Transportation must be executed.
ADVANTAGESIFAPPROVE@ �
Federal funds will fund a portion of engineering and inspecfion cosu, therePore max;m;�ing federal aid participation in the project.
� _ �
OISADVANTAGES IF APPROVED:
None.
DI$pDVAMAGES IF NOT APPROVEU.
City funds will have to be used.to fund engineering and inspection.
TOTAL AMOUNT OF TRANSACiION $ N/A
FUNDINGSOURCE N/A
fINANCIAL INFORMATION (EXPIAIN)
k � �
COSTIREVENUE BUDGETED (CIRCLE ONE) es No
n � �aPC`h ��i�4�p
JUN 13 ��i
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Mn/DOT Agreement No. 88194
STATE OF MINNESOTA AGENCY AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
AND
CITY OF ST. PAUL
FOR FEDERAL PARTICIPATION IN CONSTRUCTION ENGINEERING
FOR
' S.P. 164-288-a8; M.P. CA04 MN80(100)
This agreement is entered into by and between City of St. Paul ("City")��tate of
Minnesota acting through its Commissioner of Transportation ("Mn/DO ) O
Pursuant to Minnesota Statutes Section 16136, the City desi�i OT to act as the
City's agent to accept and disburse federal funds for the constru.ction, improvement, or
enhancement of transportation financed in whole or in part by federal funds, hereinafter referred
to as the "ProjecY'; and
The City is proposing a federal aid project to construct Phase 3 of the Phalen $oulevard
Project, hereinaHer referred to as the "Project or SP 164-288-05;" and,
The Construction Engineering is eligible for the expenditure of federal aid funds
hereinafter referred to as the "Construction Engineering" and is identified in Mn/DOT records as
State Project 164-288-08, and in Federal Highway Administration ("FHWA") records as
Minnesota Project CA04 MN80(100); and
Mi�/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 to accept and
disburse federal funds made available for the Project.
B. ELIGIBILITY / COSTS. The estimated cost of the Construction Engineering is
$514,631 this amount is 10% of the construction cost estimate for the proj ect.
l. It is anticipated that 100% (up to $677,274) of the cost of the Construction
Engineering will be paid from federal funds made available by the FHWA. The
Agreement no. Sb t 94
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City will pay any part of the cost or expense of the work that the FHWA does not
pay.
2. Any costs incurred by the City prior to auThorization of the Federal Funds, will
not be eligible for federal participation.
3. Eligible cost and expense, if approved, may consist of the following:
a) The cost of Construction Engineering for Phase 3 of the Phalen Boulevard
Corridor.
b) The direct labor charges for City employees for the time that said employees
aze performing work pursuant to this agreement. Said labor charges may
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
leave, retirement, pension, unemployment taaces, compensation and liability
insurance, lost time charges and similar costs incidental to labor employment
will be reimbursed only when supported by adequate records.
c) 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 work performed pursuant to this agreement, at rates reflective of the City
actual cost.
d) Expenditures for materials, supplies, mechanical data processing and
equipment rental, limited to the actual expenditures for the purposes of this
agreement.
e) The cost incurred by the City to employ outside forces to perform any or all of
the work pursuant to this agreament, subject to the provisions of section I.D.
SUBLETTING.
4. Expenditures for general administration, supervision, maintenance and other
overhead or incidental expenses of the City are not eligible for federal
participation.
5. Acceptability of costs under this agreement will be determined in accordance with
the cost principles and procedures set forth in the applicable Federal Acquisition
Regulations, Contract Cost Principals and Procedures, 48 Code of Federal
Regulations (CFR) 31 which is incorporated by reference and made a part of this
agreement.
6. For costs expected to exceed $ 514,631, the City must request the prepazation and
execution of a supplement to this agreement, priar to incurring such costs.
C. STAFFING.
The City will designate a publicly employed registered engineer, ("Project
Agreement no. &R 19�
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Engineer"), to be in responsible chazge of the Project and to supervise and
direct the work to be performed under any construction contract let for the
Project. If City elects to use a private consultant for engineering services, the
City will provide a qualified, full-time public employee of the City, to be in
responsible chazge of the Project. The services of the City to be performed
pursuant to this agreement may not be assigned, sublet, or transferred unless
the City is notified in writing by McilDOT 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.
2. During the progress of the work on the Project, The City authorizes its Project
Engineer to request in writing specific engineering and/or technical services
from Mi�/DOT, pursuant to Minnesota Statutes Section 16139. Such services
may be covered by other technical service agreements. If Mn/DOT fumishes
the services requested, and if Mn/DOT requests reimbursement, then the City
wiil 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
adjustment based on actual direct costs ffiat have been verified by audit.
Provision of such services will not be deemed to make Mi�/DOT a principal or
co-principal with respect to the Proj ect.
3. The City will furnish the personnel, services, supplies, and equipment
necessary to properiy supervise, inspect, and document the work far the
Project.
D. SUBLETTING. The City will prepare request for proposais in accordance with
Minnesota law and applicable Federai laws and regulations.
1. The• City will solicit proposals for construction engineering services after
obtaining written notification from Mn/DOT that the FHWA has authorized
the Project. Any Project advertised prior to authorization will not be eligible
for federal reimbursement.
2. The City will prepare the request for proposal, which will include all of the
federal-aid provisions supplied by Mn/DOT.
3. The City will prepare and publish the proposal solicitation for the Project as
required by state and federal laws. The solicitation will state where the City
will receive the proposals.
4. The City may not include other work in the contract for the authorized Project
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 Proj ect.
5. The City will prepare and distribute any addendums, if needed.
Agreement no. 8819-A
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6. The City wi11 receive open, and evaluate proposais.
7. After the proposals aze opened, the City governing body will consider the
proposals and will awazd the contract as required by state and federal laws, or
reject all proposals. If the proposal contains a goal for Disadvantaged
Business Enterprises, the City will not award the contract until it has received
certification of the Disadvantaged Business Enterprise participation from the
Mi�/DOT Equal Employment Opportunity Office.
8. This written consent will in no way relieve the City from its primazy
responsibility for performance of the work. Subcontractor agreemenYS musY
contain all appropriate terms and conditions of this agreement.
E. CONTRACT ADMRJISTRATION.
1. The City will request approval from Mn/DOT for all costs in excess of the
amount of federal funds previously approved for the Project prior to incumng
such costs. Failure to obtain such approval may result in such costs being
disallowed for reimbursement.
2. The City wi12 prepare reports, keep records, and perform work so as to enable
Mn/DOT to collect the federal aid sought by the City. The City will retain all
records and reports in accordance with Mn1DOT's record retention schedule
for federal aid projects. �
3. Upon completion of the Project, the Project Engineer will deTermine whether
the work will be accepted.
F. PAYMENTS.
1. The entire cost of the Project 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 that is not paid by federal funds.
2. The City may request partial payments not more than once each thirty (30)
days. The Project Engineer will certify the amount of each partial estimate.
3. The invoice and supplements thereto, will contain all details that may be
necessary for a proper audit. Such details will consist of at least the
following:
(a) A breakdown of labor by individual, classification, dates and hours
worked times the appiicable rate to arrive at a total dollar amount
- for each individual.
(b) The labor additive may be applied to total labor dollazs, not
including overtime labor dollazs.
Agreement no. 8R 294
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(c) The equipment charges must be broken down by type of equipment
times the applicablerate and dates used to arrive at total equipment
charges.
(d) A detailed breakdown of outside services used and supporting
invoices and documentation that costs of outside services have
been paid.
(e) Detail for materials, supplies, and other items with the description,
units, and unit prices included in the invoice. If materials or
supplies are purchased from an outside source, a copy of that
invoice should be included.
(� The invoices will include 100% of eligible charges applicable to
the Construction Engineering so that the prorata share of federal
and City participation can be applied to the total costs.
4. Following certification, by the Project Engineer, 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.
5. Reimbursement of costs under this agreement will be based on actual costs,
but limited to eligible items.
G. LIMITATIONS.
1. The City must comply with all applicable Federal, State, and local laws,
ordinances, and regulations.
2. Nondiscrimination. It is the policy of the FHWA and the State of Minnesota
that no person in the United States will, 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
fmancial assistance (42 LT.S.C. 2000d). Through expansion of tke mandate for
nondiscrimination in Title VI and through parallel legislation, the prescriUed
bases 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 entity receiving Federal financiai
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 participation
in, or is denied the benefits of, the program 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.
Agreement no. 8b14�
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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 Mv/DOT, and any and all clauns 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.
H. AUDTI'.
The City will comply with the Single Audit Act of 1984 and Office of
Management and Budget (OMB) circular A-133 including amendments and
successors thereto, which aze 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 Govemment, Mn/DOT,
and either the Legislative Auditor or the State Auditor as appropriate, for a
minimum of six yeazs. The City will be responsible for any costs associated
with the performance of the audit.
I. MAINTENANCE. The City assumes full responsibility for the operation and
maintenance of any facility constructed or improved under this Agreement.
CLAIMS. The City will pay any and all lawful claims arising out of or incidental
to the performance of the Project work. The City acknowledges that Mn/DOT is
acting only as the City's agent for receipt and disbursement of federal funds, and
not as a principal or co-principal with respect to the Project. In all events, the City
wiil indemnify Mn/DOT and hold Mn/DOT hannless from any claims arising out
of the Project.
II. DUTIES OF Mn/DOT.
A. ACCEPTANCE. Mn/DOT accepts desigiation as Agent of the City for the receipt
and disbursement of federal funds and will act in accordance herewith.
B. PROJECT ACTNITIES.
Mn/DOT will make the necessary requests to the FHWA for authorization to
use federal funds for the Project, and for ;eimbursement of eligible costs
pursuant to the terms of this agreement.
2. Mn/DOT witl provide to the City copies of Yhe required Federal-aid clauses to
be included in the proposal solicitation and will provide the required Federal-
aid provisions to be included in the Proposal.
3. NIn1DOT will review and certify the DBE participation and notify the City
Agreement no. 88144
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when certification is complete.
C. PAYMENTS.
Mn/DOT will receive Yhe federal funds to be paid by the FHWA for the Project,
pursuant to Minnesota Statutes § 1613b, Subdivision 2.
2. Mn/DOT will review and certify each partial pay request. Following certification
of the partial estimate, Mn/DOT will reimburse the City, from said federal funds
made available to the Project, for each partial payment request, subject to the
availability and limits of those funds.
3. Upon complefion of the Project, the City will prepaze a final payment request in
accordance with the terms of this agreement. Mn/DOT will review and certify the
final payment request with a final audit.
4. No more than 90% of the reimbursement due under this agreement will be paid
until completion of the final audit and approval by Mn/DOT's authorized
representative.
5. In the event Mi�/DOT does not obtain funding from the FHWA or other funding
source, or funding cannot be continued at a sufficient level to allow for the
processing of the federal aid reimbursement requests, the City may 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, if Mn/DOT ar the FHWA
determines that the Project was not completed in compliance with federal
requirements.
E. INSPECTION. Mn/DOT, the FHWA, or duly authorized representatives of the state
and federal government will have the right to audit, evaluate and monitor the work
performed under this agreement. The City will make available all books, records, and
documents pertaining to the work hereunder, for a minimum of seven years following
the closing of the constnxction contract.
LII. AUTHORIZED REPRESENTATIVES. Each authorized representative will have
responsibility to administer this agreement and to ensure that all payments due to the
other party are paid pursuant to the terms of this agreement.
A. The City authorized representative is 7ohn Maczko, St. Paul City Engineer, 1000
City Hall Annex, 25 West 4th Street, St. Paul, Minnesota 55102, or his successor.
B. Mn/DOT's authorized representative is Lynnette Roshell, Minnesota Department
of Transportation, State Aid for Local Transportation, Mail Stop 500, St Paul, MN
55155, phone 651.282.6479, or her successor.
Agreement no. �8194
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N. 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,
Minuesota Stalutes Section 3.736, governs Iviir/DOT liability.
V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this
agreement without prior written approval of the other party.
VI. AMENDMENTS. Any amendments/supplements to this Agreement must be in writing
and be executed by the same parties who executed the original agreement, or their
successors in office.
VII. TERM OF AGREEMENT. This agreement will be effective upon execution by the City
and by appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and
will remain in effect for five (5) years from the effective date or until all obligations set
forth in this agreement have been satisfactorily fulfilled, whichever occurs first.
VIII. TERMINATION. This agreement may be terminated 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 termination the City will be entitled to
reunbursement for Mn/DOT-approved federally eligible expenses incurred for work
satisfactorily performed on the Project to the date of termination subject to the terms of
this agreement.
Agreement no. 8S 194
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IN WITNESS WFIEREOF, the parties have caused this Agreement to be duly executed intending
to be bound thereby.
STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered as
required by Minn. Stat. §§ 16A15 and 16C.05.
., f
B
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Date: � � /� ��lf /l
DEPARTMENT OF TRANSPORTATION
�
Title: Director.
State Aid for Local Transportation
CFMS Contract No. A- `7
' �5'�3
COMMISSIONER OF ADMINISTRATION
CITY
City certifies that the appropriate person(s)
have executed the con4act on its behalf as required by
applicable resolurions, ordinances, or charJPr
provisions //
Date:
B �
Date: �
Agreement no. $8194
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