05-851Council File # Q�j' �✓�
Green Sheet # 3027805
Presented by
RESOLUTION
CITY OF SAIf3T PAUL, MINNESOTA 22
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1 BE TI' RESOLVED, that pursuant to Miuuesota Stat. Sec. 16136, 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
3 available for eligible transportation related proj ects.
BE IT FURTHER RESOLVED, the Mayor and the Director of Public Works are hereby authorized and directed
for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation
prescribing the terms and condifions of said federal aid participarion as set forth and contained in "Minnesota
Department of Transportation Agency Agreement No. 88624, a copy of which said agreement was before the
City Council and which is made a part thereof by reference.
Requested by Department of: '
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Form ApproveQ by
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Adoption Certified by Council Secretazy
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Approved b I or: Date. �
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Adopted by Council: Date �,ppc.v � t� /� aOC��
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Depar6neM/officelcpuncl: Datelnitiated: `�� ��`
Pw -�v�w� �,� Green Sheet NO: 3027805
Contact Pe�son 8 Phone:
Paul St. Martin
266-6118
Must Be on CounC� I�qem
37-AUCr05
Contract Type:
RERESOLUTION
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Assign
(Date): Number
For
Routing
Order
Total#ofSignaturePages L (ClipAliLocationsforSignature)
0 ' W a 1 Martin rA
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Action Requestetl:
Authorize Mayor and Director of Public Works to enter into an ageement with ihe Minnesota Aepartment of Transportation for
federal aid participarion for advance conshvction and force account work on the Como Bike Lanes project.
tdations: Appm�e (A) or R
Planning Commission
CIB Commiltee
CiHI Ser.ice Commission
Personal Service Contracts MustMSwerthe Following Questions:
1. Has this persoNfirtn e�er worked under a contract Por this department?
Yes No
2. Has this persoNfirtn e�er been a city empbyee?
Yes No
3. Does this persoNfimi possess a skill not normally possessed by arry
curteM city empioyee?
Yes No
ExpWin all yes answers on separete sheetand attach to green sheet
Initiating Problem, Issues, Opportunity (INho, Wha; When, Where, Why):
The Como Bike Lanes project is partially funded with federal funds. The project is programiried for 2006 construcrion. Ramsey Cou
will be wmpleting mill and bihuninous overlay pavement maintenance work on some sections of Como Bike Lane project in 2005. '
agreement will allow striping and signing for bike tanes project to be implemented in conjunction with bituminous overlay. A copy
the agreement is attached for information.
Advantages If Approved:
Some sectious of Como Bike Lanes project will be implemented in 2005, resulring in cost savings.
��G � � 2005
DisadvanWges If Approved:
, ��
DisadvanWges If NotApproved:
Pavement mazkings installed in 2005 will have to be removed in 2906. This is not a wise use of funds.
RECEIVED
7otalAmountof $�
Transaction:
Funding Source:
Financial Infortnation:
(Explain)
CostlRevenue Budgeted:
Activity Number:
AUG � 0 Z(l�5
MAYOR'S OFFICE
August 25, 2005 937 AM Page 1
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Mn/DO'I' Agreement No. 88624
STATE OF MINNESOTA AGENCY AGRF.EMENT
BETWF_.EN
DEPARTMENT OF'I'RANSPORTAT'ION
AND
CTI'Y OF SAINT PAUL
FOR FEDERAL PARTICIPATION IN
ADVANCE CONSTRUCTION AND FQRCE ACCOUNT
FOR
S.P. I64-030-05; M.P. STPX 6205(142)
This agreement is entered into byand between City of Saint Paul ("City"} and the State of
Minnesota acting through its Commissioner of Transportation ("Mn/DdT"),
Agency Agreement No. 84218 which has been executed between the City and Mn/DOT,
appoints Mn/DOT as the City's agent to receive and disburse transportation related federal funds,
and sets forth duties and responsibiIities for Ietting, payment, and other procedures for a federally
funded contract let by the City; and
Pursuant to Minnesota Statutes Section I61.36, the City desires Mn/DOT to act as the City's
agent to accept and disbwse federal funds for the construction, improvement, or enhancement of
transpartation financed in whoie or in part by federal funds; and
'Fhe City is progosing a federal aid project to creafe approximately 8 tniles of bicycle
faciliues by the instalIation of signing and striping on existing roadways here after referred to as the
"Project." A pnbIic interest finding has deternuned thac pavement mazkings on the project ean be
completed more economically as a Force Account and as part of proposed mill and overlay pro}ects
hereinafter referred to as the "Force AccounY'; and
The Project and Force Account have been deternuned to be eligible for the expenditure of
federal aid funds and is programmed in the appmved federatIy approved STIP for the fiscai year
20Q6; and the project is identified in Mn/DOT records as State Project 164-030-05, and in
Federal F3ighway Administration ("FHWA"} records as blinaesota Project STPX 6205(142};
and
The City desires to groceed with the canstruction of the project in advance of the year it is
progr�mtned for the federai funds; and
FIIWA procedures to permit advance constntction of eIigjble projects with non-federal
funds, with the intent to request federaF funding for the federalIy eligible costs in a subsequent
federaI fiscal year, if sufficient funding and obligation authority aze avaiIable; and
Agreement no. 8�624
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The City desires to temporarily provide City State Aid aad/or other local funds ia lieu of
the federai funds so that the project may proceed.
MnlDOT requires that the terms and conditions of this agency be set forth in an
agreement_
1'IIE PARTIES AGREE AS FOLLOWS:
I. DiT'1`fES OF THE CITY.
A. The City will let a contract and eonstruct the Project in aceordance with Ageney
Agreement No. 84218. Payment provisions for federally eIigibie costs will be as
stated herein.
B. It is estimated that the total cost of the Project is $ 946,700 and that the anticipated
federal funding will be capped at $810,754. The remaining share will be paid by the
City.
C. ELIGIBIL.TI'Y / COSTS. The estimated cost of the Force Aceount is $233,132.
1. It is anticipated that 80% (up to $186,505.60} of the cost of the Force Account is to
be paid from federal funds made available by the FHWA, and that the remaining 20%
will be paid by the City. The City wiil pay any part of the cost or expense of the
work that the FIIWA does not pay.
2. Any costs incurred by the City prior to authorization of the Federat Funds, will not be
eligible for federal particigation.
3_ Eligible cost and expense, if approved, may consist of the foBowing:
a) The cost of fitrnishing and installing pavement markings for the Como
Avenne Bikeways..
b) The direct labor chuges for City employees for the time that said empIoyees
are performing work pursuant to this agreement. Said Iabor chazges may
include the prorata share of "labor additives" applicable to said labor charges.
Costs to the Ciry of "labor additives" consisting of holiday pay, vacation, sick
leave, retirement, pension, �znemployment tases, compensation and IiabiTity
insurance, Iost time charges and similaz costs incidental to Iabor employment
wilI be reimbursed only when supported by adequate records.
c) The applicahle equipment rentaI charges for Csty owned eqnipment used by
the City and mileage charges for employee owned vehicles nsed hy the City on
work performed pursuant to this agreement, at rates reftective of the City
actual cost.
Agreement no. &5624
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d) Expenditures for materials, suppiies, mechanical data processing and
equipment rental, Iimited ta the actual expenditures far the purposes of ttus
agreement.
4. Expenctitures for general administration, supervision, maintenance and other
overhead ar incidental expenses of tlie Ciry aze not eligible for federal participation.
5. Acceptability of costs uader this agreement will be detemuned in accordanee with the
cost principles and procedures set forth in the appIicable Federal Acquisition
Regulations, Contract Cost Principais and Procedures, 48 Code of FederaI
ReguIations (CFR) 31 which is hereby incorporated by reference and made a part of
this agreement.
6. For costs expected to exceed $ 233,132, the City must reqvest the preparation and
execution of a supplement to this agreement, prior to incurring such costs.
D. STAFFII�iG.
_ a. 'Fhe City will designate a pnblicly employed registered engineer, ("Project
Engineer"}, to be in responsible charge of the Project and Fo supervise and direct
the work to be performed under any consiruction contract 2et for the Project. ff
City eiects to use a private eonsultant for engineering services, the City will
provide a qual�ed, full-time public empioyee of the City, to be in responsible
charge of the Project. The services of the City to be performed pursuant to this
agreement may not be assigned, sublet, or transferred nnless the City is nouf ed
in writing by MnlDOT that sueh actian is pernutte& under 23 CFR 1.33 and 23
CFR 635.1�5 and state law. This written consenY wiIl zn no way reiieve the City
from its primary responsibility for performance of the work.
b_ During the progress of the work on the Pro}ect, the City authorizes its Project
Engineer to reguest in writing specific engineering and/or technical services from
MnIDOT, pursuant to NFinnesota Statutes Section ] 6139. Sueh services may be
covered by other technicat service agreements. If MnlDOT fumishes the services
requested, and if Mn/DOT requests reimbursement, then the City wili promptly
pay IVIn!➢OT to reimburse the state trunk highway fund for the full eosE and
expense of fumishing such services. The costs and expenses wilt incIude the
currenc Mn/DOT labor additives and overhead rates, subject to adjustment based
an actual direct eosts that have been verified by audit. Provision of such services
wilt not be deemed to make Mn/DOT a principaI or co-principat witfi respect to
the Project
c. The City wiIl furnish the personnel, services, suppiies, and eqvipment necessary
to properly supervise, inspeet, and document the work for the Project.
E. CONTRACT ADMINISTRATION_
Aereement no. 8�624
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The City will request approval from MvlDOT for af2 costs in excess of the
amount of federal funds previousIy approved for the Project prior to ineurring
such costs. Failure to obtain such approval inay result in such costs being
disallowed for reimbursemeat
2. The Ciry will prepare reports, keep records, and perform work so as to enable
Mn/DOT to collect the federal aid sought by the Ciry. The City will retain alI
records and reports in accordance with Mn/DOT's record retention scheduIe for
federaI aid projects.
3._ LTpon completion of the Project, the Project Engineer will determine whether the
work wilI be accegted.
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. Reguest for reimbtzrsement of the federal aid share of the federalIy eligible eosts will
be made after October l, 2005, or earIier if funding and obIigation authority aze
available (sub}ect to the Area Transportation Partnership ("ATP") policy).
3_ If the project is converted to federal funding before comgletion and finaI acceptance,
requests for reimbursement will occur as partial estimates in accordanee with Agency
Agreement No. 84218.
4. The City may request partial payments not more than once each thirty (3Q) days. The
Project Engineer will cer[ify each partial estimate.
5. The invoice and supplements thereto for Force Accovnt Reimbursement, wilI contain
aIl details that may be necessary for a proper audit. Such details wiIl coasist of at
least the foIlowing:
(a) A hreakdown of labor by individual, classification, dates and hours
worked times the appIicable rate to arrive at a total doIlar amount
for each individuaI.
(b} The Iabor additive may be apglied to totaf labor dollars, not
incTnding overtime Iabor doi}ars.
(c} The equipment charges must be braken down by type of equipment
times the apgIicable rate and dates �sed to arrive at total equipment
charges.
Ageement no. &5624
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(d) A detailed breakdown of outside services used and supporting
invoices and documentation chat costs of outside services have
been paid.
(e) Detail for materials, supplies, and other items with the description,
unsts, and unit prices incIuded in the invoice_ If materiaIs or
supplies are purchased from an outside source, a copy of that
invoice must be included.
(fl The invoices will inclade 100%o of eligible chazges applicable to
the Force account so that the prQrata shaze of federal and City
participation can be appIied to the total costs.
6. FolIowing eertification, by the Project Engineer, of the final estimate, the City
may regnest reimbursement for costs eligible for federai funds. The City`s
request will be made to Mi�/DOT and will include a copy of the certified final
estimate along with the reguired records.
Reimbursement of costs under this agreement will be based on actual wsts, but
limited to etigible items.
G. LIMTFATIONS.
I. The City wiIl comply with alI apgIicable 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 wilI, on the grounds of race, color, or aational
origin, be excluded from paRieipation in, be denied the benefits of, or be
sub}ected to discriminatiaa under any program or activity receiving Federal
financial assistance (42 U.S.C_ 2000d). Through expansion of the mandate for
non€liscrimination in Title VI and through parallel Iegisiation, the prescribed
bases of discriminarion include race, color, sex, national origin, age, and
disability. In addition, the Title VI program has been extended to cover att
programs, activities and serviees of an entity receiving Federat financial
assistanee, whether snch programs and activities are FederaTly assisted or not.
Even in the absence of prior discrim3natory praetice or usage, a recipient in
administering a program or activity to which this part applies, is expected to take
affirmative action to assure ttiat no person is excIudefl from participation in, or is
denied the benefits of, the program or activity on the grounds of race, eoIor,
nationat origin, sex, age, or disabiIity. Ft is the responsibility of the City to cany
out the abave requirements.
3_ Workers' Compensation. Any and all employees of the City or other persons
while engaged in the performance of any work or serviees required or permitted
Ageement no. 85624
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by the Ciry under this agreement will not be considere8 empioyees of Mn/DOT,
and any and all claims that may arise under the Workers' Compensation Act of
Mianesota on befiatf of said employees, or other persons while so engaged, will
in no way be the obligation or respoasibility of Mn/DOT. The City will require
proof of Workers' Compensation Insurance from any contractor and snb-
contractor.
H. AUDTT.
The City wiil compIy with tfie Single Audit Act of 1984 and Offiee of
Management and Budget (OMB) eirculaz A-I33 including amendments and
successors thereto, which are incorporated herein by reference.
2. As provided under Minnesota Statutes Section I6C.05, subdivision 5, atl books,
records, documents, and accountiag procedures and practices of the City are
subject to exanunation by the Llnited States C'soverntrceat, Mn/DOT, and either
the Legislative Auditor or the State Auditor as appropriate, for a minimum of six
yeazs. The City wilI be responsible for any costs associated with the performance
of ttie audit.
I. MAIlVTENANCE. _ The City assumes fult responsibiIity for the operation and
maintenance of any faciFity constructed or improved under this Agreement.
I. CLAIMS. The City will pay any and alI lawful ciaims arising out of or incidental to the
performance of the Projeet work. The City aeknowledges that Mn/DOT is acting only
as the City's agent for receipt and disbursement of federal {unds, and not as a principal
or co-principal with respect to the Projeet. In alI events, the Ciry will indemnify
MnlDOT and hold Mn/DOT harfnless from any cTaims arising out of ttze Project.
II. DUTIES OF Mn/DOT.
A. Mn/DOT wilt make the necessary reqaests to the FHWA for authorization to use
federal funds for the Project and Force Account agreement and designation as an
Advance Constructian project.
B. Mn/DOT will request the conversion of the Project to federal funding of eIigible
eosts, between October I, 2005 and 3anuary 31, 2006, or earlier if funding and
obligation authority are available.
C. At such time that the projeet is converted to federat funding and such funding is
received by MnlDOT, MnlDOT wiIl reimbvrse to the City the federal aid share of
the federatIy eligible costs, previous]y provided by the City_ Reimbursement for
City State Aid funds used in Iieu of federat funds, will be deposited in the City's
State Aid Aceount. Reimbursement for other City funds used in Iien of federal
fands wilI be forwarded to the City_
A�eemenE no. 8�624
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D. PAYMENTS FQR FORCE ACCOUNT.
Mn/DOT will zeceive the federal funds to be paid by the F'HWA for the Pro}ect,
pursuant to Minnesota Statutes § 161.36, Subdivision 2.
2. Mn/DOT wilF review and certify each partial pay reqnest. Following certificauon of
the partial estimate, MniDOT will reimburse the City, from said federal funds made
available to the Project, for each partial payment request, sub}ect to the availability
and limits af those funds.
3. Upon completion of the Project, the City wili prepaze a final payment request in
accordance with the terms of this agreement. Mn/DOT will review and certify the
final payment reqnest with a final audit.
4_ No more than 90% of the reimbursement due the force acconnt agreement will be
paid until completion of the finai audit and approval by MnlDOT's authorized
representative.
5. In the event Mn/DOT does not obtain funding from the FHWA or other funding
source, ar funding cannot be continned at a sufficient levet to allow for the
processing of the federal aid reimbursement requests, the City may continue the work
with locaI fitn@s only, until such time as Mn/DOT is able to process the federaI aid
reimbursement requests.
E. ALTTI Mn/DOT may withhold federal funds, if Mn/DOT or the FHWA
defermines that the Project was not completed in comp2iance with federal
requirements.
F. INSPECTION. Mn/DOT, the FHWA, or duly autharized represeatatives of the state
and federal government will have the right to audit, evaluate and monitor the work
gerformed under this agreement.'£he City wi]I make available all books, records, and
documents pertaining to the work hereunder, for a minimum of seven yeazs folIowing
the closing of the construction contract
III_ AUTHORIZEB REPRESENTATTVES. Each authorized representative wilT have
responsibility to administer this agreement and to ensure that afl payments due to the
other party aze paid gursuant to the terms of this agreemenf.
A. The City authorized representative is 3ohn Maczko, St_ PauI City Engineer,1000 ,
City HaII Annex, 25 West 4th Street, St. PauI, Minnesota 55102, or his successor.
B. N1n/DQT'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. &6fi24
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N. TORT LIABILTTY. 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 thereo£ The Minnesota Tort Claims Act, Minnesota Statutes
Section 3.736, governs Mn/DOT liability.
V. ASSIGNMENT. Neither party wili assiga or transfer any rights or obiigations under this
agreement without prior written approval of the other party.
VI. AMENDMEN'FS. Any amendmentslsupplements to this Agreement must be in writing and
be executed by the same parties who execnted the originai agreement, or their successors in
office.
VII. TERM OF AGREEMENT. This agreement is 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) yeazs from the effective date or until aIl obligations set forth in
£his agreement have been satisfactorily fnifilled, whichever occurs first.
VIII. TERMINATION. This agreement may be ternrinated by the City or MnfIIOT at any time,
with or without canse, vpon ninety (90) days written notice to the other party. Such
ternunation will not remove any unfuifilled financial obiigations of the City as set forth in
this Agreement. In the event of snch a temunation the City will be entifled to reimhursement
for MnlDOT-approved federally eligible expens.es ineurred for work satisfactorily performed
on the Project to the date of temunation subject to the terms of this agreement.
Agreement no. &8624
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TN WITNESS WHEREOF, the parties have caused tlzis Agreement to be duly executed intending
to be bound thereby.
STA'FE ENCTIMBf2ANCE VERTFICATION
Individual certifies that funds have been
encumbered as
regvired by Minn. Stat § 16A.15 and I6CA5.
B y -
Dat : � ' QZ OA
CFMS ContractNo. A- �����
DEPAR"i'MENT OF TRANSP(?RTA7TON
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TitIe: Director.
State Aid for Local Transportation
COMMISSIONER OF ADMSriIS'I'RATION
CITY
City certifies tt�at the appropriate person(s)
have executed the con[ract on its behalf as required
by applicabie resotutions, ordinances, or charter
provisions
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A�eement no. 88624
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