06-61i�
COUNCIL FILE #: oI� � �,
GREEN SHEET k: 3029287
Presented By:
Referred to:
RESOLUTION
OF SAINT PAUL, MINNESOTA
Committee Date:
1 WHEREAS, the 2003 Capita] Improvement Budget, as amended, includes a capital improvement project for the construction
2 of the Lower Phalen Creek Trai1, which will connect the Bruce VenTO Regional Ttail to: Swede Hollow Park, Indian Mounds
3 Park, ar�d Lowertown, and in addition, will provide a trail linking the east side of Saint Paul to the Mississippi River and the
4 Samuel H. Morgan Regional Trail, and
6 WHEREAS, the Saint Paul City Council, 6y its resolution Q3-1�64, approved a spending and financing plan for a$1,235,960
7 Federal Transportation Equity Ac[ for the 21st Century (TEA-21) grant for this project; and
4 WHEREAS, the TEA-21 funds flow through the State of Minnesota, Department of Transportation; and
10
I 1 NOW THEREFORE BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 16136, the Commissioner of Transportation
12 be appointed as Agent of the City of Saint Paul to accept as its agent, federal funds which may be available for eligible
13 transportation related projects; and be it
14
15 FURTHER RESOLVED, that the Mayor, the Director of Parks and Recreation, the Financial Services Director, and
16 the Assistant City Attomey are herby authorized and directed for and on behalf of the City of Saint Paul to execute and
17 enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid
18 participation as set forth and contained in the "Minnesota Department of Transportation Agency Agreement No. 88816",
19 a copy of which is attached hereto as E�ibit "A".
Adopted by Council: Date: �' ��
AdopYion CeRified by Council Secretary
BY' / / //.i/IG/// `//%/� /J// ,
Approved by May�r: Date: �� b6
Requested by:
Division of Parks and Recreation
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G:IFMIQTWiikalResolutions, AOs, Green SheefslResoNGOnslLOwertown TradTEA-21 Authonaat�on Resolution.xls Page' 1 of 7
C.��... A .............1 M..l�:ti. Aw.���.�..
� Green Sheet Green Sheet _Green Sheet Green Sheet Green Sheet Green Sheet
DepartmenVOffice/council: Date Initiated:
PR – p�s ana Recreation 09-JAN-06
Contact Person 8 Phone: -'
Jason Wirka
26GE417 pssign
Must Be on Council Agenda by (Date): Mumber
For
Routing
Order
ConiractType;
RE-RESOLUiION
Green Sheet NO: 3029287
0 �Parks and Recreation I �
1 arl5 an Recreati n D arhnent Director
2 - Attome
3 a or's ce Ma odA sistant
4 ouncil
5 erk C7 Clerk
�
nb-
Total#of SignaturePages 4 ( C lip AllLOC ation sfo r S ig nature)
Action Requestad:
Signahues on attached resolution authorizing the Commissioner of Transportation to ac[ as an Agen[ of the City of Saint Paul iu order
to accept federal funds available for the I,ower Phalen Creek Trail project.
Kecommentlations: Approee (A) or Reject (R):
Plamting Commission
CIB Committee
Ciul Service Commission
_1',� ST��
Personal Service ConVacts
1. Has this persoNfirtn e�er worked under a contract for this department?
Yes No
2. Has this persor✓firm e�er been a city employee?
Yes No
3. Dces this person/firtn possess a skill not nortnally possessed by any
current city employee? ,
Yes Na
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Project will proceed - federal funds will be available.
Disadvantapes tFApproved:
None.
�': .;
_�� � = 2005 ���� ������'��
Disadvantages If Not Approved:
Project will not proceed.
Total Amount of
Transaction:
Funding Source:
FinanGia l Information:
(Explain)
$0
Federal TEA-21
CostlRevenue Budgeted: �/j /�(
Activity Number: 3D041
January 4, 2006 >2:04 PM Page 1
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Exhibit "A"
O�p'�\
Mn/DOT A�reement No. 88816
STATE OF MINNESOTA AGENCY AGREEMENT
BETWEEI�
DEPARTMENT OF TRANSPORTATION -
AND
CiTY OF ST_ PAUL DIVISION OF PARKS AND RECREATION
FOR FEDERAL PARTICIPATION IN CONSTRUCTION
This agreement is entered into by and between City of St. Paul Division of Pazks and
Recreation ("SPPR"} and the State of Min�esota acting through its Commissioner of
Transportation ("Mn/DOT"),
Pursuant to Minnesota Stamtes Section 161.36, the SPPR desires Mn/DOT to act as the
SPPR's agent to accept and disburse federal funds for the construction, improvement, or
enhancement of transpoRation financed in whole or in part by federal funds. The SPPR is
proposing a federal aid project to reconstruct the bicyclefpedestrian trail commonly known as
the Lower Phalen Creek Trail, hereinafter referred to as the "ProjecP'; and
The Project is eligible for the expenditure of federal aid funds, and is identified in
MnlDOT records as State Project 9i-090-33, and in Federal Highway Administration
("FHWA") records as Minnesota Project TEAX 6204(048); and
This agreement is entered into by and between SPPR and the State of Minnesota acting
through its Commissioner of Transportation ("Mn/DOT"),
Mn/DOT requires that the terms and conditions of this agency be set forth in an
agreement.
THE PARTIES AGREE AS FOLLOWS:
I. DUTlES OF THE SPPR.
A. DESIGNATION. The SPPR designates MnlDOT to act as its agent to accept and
disburse federal funds made available for the Project.
B. STAFFING.
1. The SPPR will designate a publicly emptoyed registered engineer, ("Project
Engineer"), to be in responsible charge of the Project and to supervise and
(N.ri/DOT Agreesent No. 888161
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direct the work to be performed under any construction contract let for the
Project_ If SPPR elecis to use a private consultant for engineering services,
the SPPR witl provide a qualified, full-time public empIoyee of the SPPR, to
be in responsible charge of the Project_ The services of the SPPR to be
performed pursuant to this agreemern may not be assigned, sublet, or
transferred unless the SPPR is notified in writing by M�/DOT that such
action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law.
This written consent will in no way relieve the SPPR from its primary
responsibility for performance of the work.
2. During the progress of the work on the Project, the SPPR authorizes its
Project Engineer to request in writing specific engineering and/or technical
services from Mn/DOT, pursuant to Minnesota Statutes Section 16139.
Such services may be covered by other technical service agreements. If
Mn/DOT furnishes the services requested, and if Mn/DOT requests
reimbursement, then the SPPR will promptly pay Mn/DOT to reimburse the
state trunk highway fund for the fuil cost and expense of furnishing 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 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.
3. The SPPR will fumish the personnel, services, supplies, and equipment
necessazy to properly supervise, inspect, and docament the work for the
Project.
C. LETTING. The SPPR will prepare construction contracts in accordance with
Minnesota law and applicable Federal laws and regulations.
I. The SPPR will solicit bids afrer obtaining written notification from �
Mn/DOT that the Federal Highway Administration ("FHWA") has
authorized the Project. Any Project advertised prior to authorization will
not be eligible faz federal reimbursement.
2. The SPPR will prepare the Proposai for Highway Construction for the
construction contract, which wiil include a11 of the federal-aid provisions
supplied by Mn/DOT.
3. The SPPR will prepare and publish the bid solicitation for the Project as
required by state and federal laws. The SPPR will include in the solicitation
the required lanb age for federal-aid contracts as svpplied by Mn/DOT. The
solicitation will state where the proposals, plans, and speciEcations aze
available for the inspeciion of prospective bidders. The solicitation will
state where the SPPR wilI receive the sealed bids.
(Mn/DOT Agreement No. 88816)
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4. The SPPR 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 federai funds for the Project.
5. The SPPR will prepaze and sell the plan and proposal packanes and prepare
and distribute any addendvms, if needed.
6. The SPPR will receive, open, and evaluate bids_
7. After the bids are opened, the SPPR governing body will consider the bids
and wiil awazd the contract as required by state and federal laws, or reject ali
bids. If the bid contains a goal for Disadvantaged Business Enterprises, the
SPPR will not awazd the contract until it has received certification of the
Disadvantaged Business Enterprise participation from the Mn/DOT Equal
Employment Qpportunity OfFice.
D. CONTRACT ADMINISTRATION.
1. The SPPR will prepare and execute a construction contract with the
Contractor, in accordance with the special provisions and the ]atest edition
of Mn/DOT's Standazd Specifications for Construction.
Z. The Project 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 standazd specifications will be on file at the SPPR Engineer's Office.
The p]ans, special provisions, and specifications are incorporated into this
agreement by reference as though fully set forth herein.
3_ The SPPR will furnish the personnel, services, supplies, and equipment
necessary to property supervise, inspect, and document the work for the
Project The services of the SPPR to be performed pursuant to this
agreement may not be assigned, sublet, or transferred unless the SPPR 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 wilI in no way
relieve the SPPR from its primary responsibility for performance of the
work.
4. The SPPR will document quantities in accordance with the guidelines set
forth in the Mn/DOT Contract Administration Manual Sections 4I0 and 426
that were in effect at the time the work was performed.
5. The SPPR will test materials in accordance with the Mn/DOT Schedule of
Materials Control in effect at the time each Project was let. The SPPR will
(Mn/DOT Agreement No. 88616)
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notify Mn/DOT when work is in progress on the Project that requires
observation by the Independent Assurance Inspector as required by the
Independent Assurance Schedule.
6. The SPPR may make changes in the plans or the character of the work, as
may be necessary to complete the Project, and may enter into supplemental
agreement with the individual, firm, or corporation contracting for and
undertaking grosecution of the prescrihed work (hereinafter "Contractor"}_
The SPPR will not be reimbursed for any costs of any work performed
under a supplemental agreement unless MnlDOT has notified the SPPR that
the subject work is eligible for federai funds and sufficient federal funds are
available.
7. The SPPR will request approval from Mn/DOT for all costs in excess of the
amount of federal funds previously approved for the Project prior to
incurring such costs. Failure to obtain such approval may result in such costs
being disallowed for reimbursement.
8_ The SPPR will prepaze reports, keep records, and perform work so as to
enable Mn/DOT to collect the federaI aid sought by the SPPR. Required
reports are listed in the Mn/DOT State Aid Manual, Delegated Contract
Process Checklist, available from Mn/DOT's authorized representative. The
SPPR will retain all records and reports in accordance with Mn/DOT's
record retention schedule for federal aid projects.
9. Upon completion of the Project, the Project Engineer will deternune
whether the work will be accepted.
E. PAYMENTS.
l. The entire cost of the Project is to be paid from federai funds inade available
by the FHWA and by other funds provided by the SPPR. The SPPR wiil
pay any part of the cost or expense of the Project that is not paid by federal
funds.
2. The SPPR wilI prepaze partial estimates in accordance with the terms of the
constraction contract for the Project. The Project Engineer will certify the
amount of each partial estimate_ Following certification of the partial
estimate, the SPPR will make partial payments to the Contractor in
accordance with the terms of the construction contract for the Project.
3. Following certification of the partial estimate, the SPPR may request
reimbursement for costs eligible for federal funds. The SPPR's requesi will
be made to Mn/DOT and wili include a copy of the certified partial estimate.
(Mn/DOT Agreement No. 86616)
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4_ Upon completion of the Project, the SPPR wili prepare a final estimate in
accordance with the terms of the constmction contract for the Project. The
Project Engineer will certify the final estimate. Following certification of the
final estimate, the SPPR will make the final payment to the Contractor in
accordance with the terms of the construction contract for the Project.
5. Following certification, by the Project Engineer, of the £nai estimate, the
SPPR may request reimbursement for costs eligihle for federal funds. The
SPPR's request wiil be made to Mn/DOT and will include a copy of the
certified final estimate along with the required records.
F. LIMITATIONS.
l. The SPPR must comply with all appiicabie Federal, State, and local laws,
ordinances, and regulations.
2. Nondiscdmination. 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
national origin, be exciuded 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 nondiscrimination in Title VI and through paral]el legisiation,
the prescribed 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 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 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 SPPR to carry out the above
requirements.
3. Workers' Compensation. Any and ali employees of the SPPR or other
persons while engaged in the performance of any work or services required
or permitted by the SPPR nnder this agreement will not be considered
employees of Mn/DOT, arid any and all claims that may arise under the
Workers' Compensation Act of Minnesota on behatf of said employees, or
other persons while so engaged, will in no way be the obligation or
responsibility of Mn/DOT_ The SPPR wili require proof of Workers'
Compensation Insurance from any contractor and sub-coniractor.
4. Uti]ities. The SPPR wili treat a11 pubiic, private or cooperatively owned
utility facilities which direcdy or indirecfly serve the public and which
(Mn/DOT Agreement NO. 88616)
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occupy highway rights of way in conformance with 23 CFR 645 "ITtilities"
which is incorporated herein by reference.
G. AUDTI'.
1_ The SPPR 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_O5, subdivision 5, all
books, records, documents, and accounting procedures and practices of the
SPPR are subject to examination by the United States Govemment,
MntDOT, and either the L.egislative Auditor or the State Auditor as
appropriate, for a minimum of six years. The SPPR will be responsible for
any costs associated with the performance of the audi£.
H. MAINTENANCE. The SPPR assumes full responsibility for the operation and
maintenance of any facility constructed or improved under this Agreement.
I. CLAIMS. The SPPR wii] pay any and all lawful claims azising out of or
incidental to the performance of the Project work. The SPPR acknowledges that
MnJDOT is acting onIy as the SPPR's agent for acceptance and disbursement of
federal funds, and not as a principal or co-principal with respect to the Project.
In all events, the SPPR wiii indemnify Mn/DOT and hold Mn/DOT hazmless
from any claims arising out of the Project.
II. DUTIES OF Mn/DOT.
A. ACCEPTANCE. Mn/DOT accepts designation as Agent of the SPPR for the
receipt and disbursement of federal funds and will act in accordance herewith.
B. PROJECT ACTIVTI'IES.
2. MnIDOT wiIi make the necessary requests to the FHWA for authorization to
use federal funds for the Project, and for reimbursement of eligible costs
pursuant to the terms of this agr�ement.
3. Mn/DOT wiil provide to the SPPR copies of the required Federal-aid
clauses to be included in the bid solicitation and witl provide the required
Federal-aid provisions to be inciuded in the bid proposal.
4. Mn/DOT will review and certify the DBE participation and notify the SPPR
when certification is complete.
5. Mn/DOT will provide the required labor postings.
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C. PAYMENTS.
1. Mn/DOT will receive the federal funds to be paid by the FHWA for the Project,
pursuant to Minnesota Statutes § 16136, Subdivision 2_
2. Mn/DOT wiIl reimburse the SPPR, from said federal funds made availabte to
each Project, for each partial payment request, subject to the availability and
lim3ts of those funds.
3. Upon completion of ihe Project, Mn/DOT will perform a final inspection and
verify the federaI and state eligibility of all the payment requesu_ If the Project
is found to have been completed in accordance with the plans and
specifications, Mn/DOT wiil promptly release any remaining federal funds due
the SPPR for the Project.
4. In the event Mn/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 SPPR may continue
the work with local funds only, until such time as Mn/DOT is able to process
the federal aid reimbursement requests.
D. AUTHORTl'Y. Mn/DOT may withhold federal funds, where Mn/DOT or the
FHWA determines that the Project was not completed in compliance with
federal requirements.
E. INSPECTION. Mn/DQT, the FIIWA, 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 SPPR will make available all
books, records, and documents perEaining to the work pursuant to this
agreement, for a minimum of seven years following the ciosing of the
construction contract.
N. TORT LIABII.TI'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 responsibie for the acts
and omissions of any others and the results thereof_ The Minnesota Tort Claims Act,
Minnesota Stamtes Section 3.736, governs Mn/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.
VF. AMENDNfEI3TS. Any amendmentslsupplements to this Agreement must be in writing
and be executed by the same parties who executed the originai agreement, or their
successors in office.
(Mn/DGT Agzeement No. fi8816)
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VII. AGREEMENT EFPECTIVE DATE. This agreement is be effective upon execution by
the SPPR and by appropriate State officials, pursuant to Minnesota Statutes Section
16C_O5.
VIII. TERMINATION. This agreement may be terminated by the SPPR or Mn/DOT at any
time, with or without cause, upon ninety (90) days written notice fo the other party.
Such termination will not remove any unfulflled financial obligations of the SPPR as
set €orth in this Agreement. In the event of such a ternunation the SPPR will be entitlec3
to reimbursement 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.
Nc\FedAid\Lynnette\a reements\ex a (���T Agreement No. 688Z6}
q greements\091-090-032 BASH dcp AGREEMENT TEtSPLATE.doc 2/5/OOPage
IN WTINESS WHEREOF, the parties have caused this Agreement to be duly executed
intending to be bound thereby_
SPPR
SPPR certifies [ha[ the appropriate person have
execu[ed the contract oo its behatf as required by
applicable resolutions, ordinances, or charter
provisions
�
�
By:
Date:
Title:
Directorv Parks and Recreation
Finance Director
Mayor
Approved as to Form
By:
Date:
Tifle: Assistant City Attorney
DEPARTMENT OFTRANSPORTATION
�
Titte: Director,
State Aid for Loca1 Transportation
COMMISSIONER OF ADMINISTRATION
(Mn/DOS Agieement No. 88816�
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