07-1035COUNCIL FILE #: D � � /D 3�
GREEN SHEET #: 3044659
RESOLUTION
Presented By:
Referred to:
OF SAINT PAUL, NIINNESOTA
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Committee llate:
I WHEREAS, under the Minnesota Statutes Section 16136, the City desires the Commissioner of Transportation
2 be appointed as Agent of the Ciry of St. Paul Parks and Recreation to accept as its agent, federal aid funds which
3 may be made available for a trail connection between the existing Bruce Vento Regional Trail and the existing
4 Mississippi River Corridor.
6 NOW THEREFORE BE IT RESOLVED, by the Council of the City of Saint Paul, upon the recommendation of the
7 Mayor, and the positive advice of the Long Range Capital Improvement Budget Committee, to execute into an
8 agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation
9 as set forth and comained in Minnesota Department of Transportation Agency Agreement No. 91254, a copy of which said
10 ageement was before the City Council and which is made a part hereof by reference.
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Requested by:
Adopted by Council: Date: ��/7 /�1i�1
Adoption Certified by Council Secretary
gY� / / //BnGV��i �L� �/
Approved by M or: �� Date: t � �3 Q�
Division of Pazks and Recreation
By: /����.
Approval Recommended by FinaL�ai�l Services Director:
By:
Form Approved by City Attomey
By: �l ,/�
Approved by ayor for Submission t4 Council
By: i7�-r,� �'')���,�
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Bruce Vento Trail Connection 2007.z1s Page: 1 of 1
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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PFj —Parks aod Recreation
Conqct Persan & Phone:
Don Vamey
266-6427
Must Be on Council Aqen
Doc. Type: RESOLUTION
E-Document Required: N
Document Contact:
Contact Phone:
02-OCT-07
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Assign
Number
For
Routing
Order
Total # of Signature Pages ^ (Clip All Locations for Signature)
Green Sheet NO: 3044659
0 arks and Rttrealion
1 arks and Recreation De artment Direc[or ��
2 " Attorn
3 a r'sOffice Ma or/ASSistant j� �j
4 onnc�
5 i Clerk Cib Clerk
Action Requested:
Approval of the attached resolution allowing Parks and Recreation to establish MNDOT as an agent for accepting federal funds on
the City's behalf for a trail connection between [he exisdng Bruce Vento Regional Trail and the existing Mississippi River corridor.
�aacrons: approve (a) or tt
Planning Commission
CIB Committee
Civil Service Commission
1. Has this personffirm ever worked under a contract for this department?
Yes No
2 Has this person�rm ever been a city employee?
Yes No
3. Does this pefsonlfirm possess a skill not normally possessed by any
current city employee?
Yes No
Explaia all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Funding for capital investment will proceed.
Disadvantages If Approved:
None
Disadvantages If Not Approved:
Funding loss
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7ransaction:
Funding Source:
Financial Information:
(Explain)
Activity Number.
�i°s.-.
OCT 2 2 200T
CosVRevenue BUdgeted:
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October 2 2007 9:27 AM Page 1
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Mn/DOT Agreement No. 91254
STATE OF NII�TTESOTA AGENCY AGREEIVIENT
BETWEE�T
DEPARTMEi�'T OF TRANSPORTATFON
AlVD
CITY OF ST. PAUL PARKS AND RECREATION
FOR FEDERAL PARTICIl'ATIOI�T IN PRELIMII�TARY ENGINEERING
FOR
S.P. 91-090-51; 1vI.P. HPPH H181(001)
This agreement is entered into by and between City of St. Paul Pazks and Recreation
("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 agent in accepting federal funds on the City's behalf for the construction, improvement, or
enhancement of transportation financed either in whole or in part by federai funds, hereinafter
referred to as the "ProjecY'; and
The City is proposing a federal aid project to perform preliminazy engineering for a trail
connection between the existing Bruce Vento Regional Trail and the existing Mississippi River
Corridor hereinafter refened to as the "Preliminary Engineering; ' and
The Preliminary Engineering is eligible for the expenditure of federal aid funds, and is
identified in Mn/DOT records as State Frojec4 91-090-51, and in Federal Highway
Administ�atio� ("FHWA") records as Minnesota Pro}ect HPPH H181(001); and
Mn/DOT requires that the terms and conditions of this agency be set forth in an
agreement.
THE PARTIES AGREE AS FOLLQWS:
I. DUTFES OF THE CITY.
A. DESIGNATION. The City desi�ates NFnlDOT to act as its agent in accepting
federal funds in its behalf made available for the Project.
B. ELICsIBILITY f COSTS. The estimated cost of the Preliminary Engineering is
$350,000.
l. It is anticipated that 80% (up to $ 280,�00) ofthe cost ofthe Preliminary
Engineering is to be paid from federal funds made available by the FHWA, and
(Mn)DOT Agreement No. 91254)
Page 1
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that the remaining 20% shall be paid by the City. The 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 pnor to authorizarion 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 ofperforming necessary preliminary engineering services for the
above referenced pro}ect.
b) The duect labor charges for City employees for the time that said employees
are performing work pursuant to this agreement. Said labor charges may
include the prorata share of "fabor additives" applicable to said labor charges.
Costs to the City of "labor additives" consisting of holiday pay, vacation, sick
leave, retirement, pension, unemployment taxes, compensation and liability
insurance, lost time chazges and similar costs incidental to labor employment
will be reimbursed on]y when supported by adequate records.
c) The applicable equiprrient rental charges for City owned equipment used by
the City and mileage charges for employee owned vehictes used by the City
on work performed pursuarlt 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 CiYy to employ outside farces to perform any or all of
the work pursuant to tnis agreement, subjecE to the provisions of section I.D.
SUBLETTING.
4. Expenditures for general administrarion, supervision, maintenance and other
overhead or incidental expenses of the City are nof eligible for federal
participation. -
5. AcceptabiFity 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 Pnncipals and Procednres, 48 Code of Federal
Regulations (CFR) 31 which is hereby incorporated by reference and made a part
of this agreement.
6. For costs expected to exceed $ 350,000, the City must request the preparation and
execution of a supplement to this agreement, prior to incurring snch costs.
C. STAFFING.
The City wiTl designate a publicly employed regstered engineer, ("Project
En�ineer"), to be in responsible chazge of the Project and to supervise and direct
(Mn/DOT Agreement No. 91254)
Page 2
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the work perforxned under any contract let for the Project If City elects to use a
private consultant for engineering services, the City wilI 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
assi�ed, sublet, or transfened unless the City is notified in writing by Mn/DOT
that such action is pemutted under 23 CFR 133 and 23 CFF2 635.105 and state
1aw. "Fhis 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 authonzes its Project
Engineer to request in writing specific engineerin� and/or technical services from
Mn/DOT, pursuant to Minnesota Statutes Section 161.39. Such services may be
covered by other technical service agreements. If Mn/BOT 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 furnishing such services. The costs and expenses wilI include the
current Ivu�/DOT labor additives and overhea& rates, subject to adjustrnent 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 Pro}ect.
3. "I'he City wiii fumish the personnel, services, supplies, and eauipment necessary
to properly supervise, inspect, and document the work for the Pro}ect.
D. SUBLETTING. The City will prepare request for proposals in accordance with
Minnesota law and appYicable Federal Iaws and regulations.
1. The City wilt solicit proposals for PreIiminary Engineering after obtaining written
notification from Mn/DOT that the FHWA has authorized the Project. Any
Project advertised prior to authorization wiIl not be eligible for federal
reimbursement.
2. The City will prepaze the request for proposal, wlvch will incIude all of the
federal-aid provisions supplied by NIn/DOT.
3. The City ws1I prepare and publish the proposa2s solicitation for the Project as
required by state and federal laws. The City wili incl�de in the solicitation tne
required language for federaI-aid contracts as supplied by Mn/DOT. The
solicitation wiTl stat� where the City wiIl receive the sealed proposals.
4. The City may not include other work in the contract for the authorized Project
without obtaining priar notification from Mn/DOT that such work is aFlowed by
FHWA. Failure to obtain such notificarion may result in the loss of some or all of
the federal funds for the Project.
5. The City will prepare proposal packages and prepare and clistribute any
addendums, if needed.
6. The City wili receive open, astd evaluate proposals.
(Mn/DOT Agreement No. 91254)
Page 's
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7. After the proposals are opened, the City will consider the proposals bean
negotiations on the grice of the Preliminary En�neering in accordance with the
practice commonly known as Quality Based Selection. If the proposal contains a
goal for Disadvantaged Business Enterprises, the City will not award the bid until
it has received certification of the Disadvantaged Business Enterprise
participation from the Mn/DOT Equal Employment Opportunity Office.
8. This wntten consent will in no way relieve the City from its primary
responsibility for performance of the work. Subcontractor a�eements must
contain all appropnate terms and conditions of this agreement.
E. COl�TTRACT ADMINISTRATION.
1. The City wiil request approval from Mn1DOT for all costs in excess of the amount
of federai funds previously approved for the Project prior to incnrring suck costs.
Failure to obtain such approval may result in such costs being disaIlowed for
reimbursement.
2. The City will prepaze 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 I�n/DOT's record retention schedule ior
federal aid projects.
3. Upon completion of the Project, the Project Engineer wilt determine whether the
work wilI be accepted.
F. PAYMENTS.
1. The entire cost of tt�e 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 Pro}ect that is nat paid by federal funds.
2. The City may request partial payments not more than once each thirty (30} days.
The Pro}ect Engineer will certify each partial payment.
3. The invoice and supplements thereto, will contain all details that may be
necessary for a proper audit. Such details wilt consist of at least the following:
(a) A breakdown of labor by indavidual, classification, dates and hotzrs
worked times the applicable rate to arrive at a total dollar amount
for each individual.
(b} The labor additive shall be applied to total lahor dollars.
(c) The equipment charges shall be broken down by type of equipment
times the applicable rate and dates used to amve at total equipment
charges.
(Mn/DOT Agreement No. 91254)
Page 4
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(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, suppl3es, and other items with the description,
Tini and urut prices included in the invoice. If materials or
supplies are purchased from an outside source, a copy of that
invoice should be included.
( fl The invoices will include 100% of eligible charges applicable to
the Preliminary Engineering so that the prorata share of federal and
City participation can be applied to the total costs.
4. Following certifrcation 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
recards.
5. Reimbursement of costs under this agreement will be based on actual costs.
G. LIMITATIONS.
1. The City will corcfply with alI 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, ar 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 pazaliel legislation, the prescribed
bases of discrimination include race, cofor, sex, national origin, age, and
disability. In addition, the Title VI program has been extended to cover aTl
programs, activities and services of an entity receiving Federal financial
assisYance, 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 tkat 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 disabitity. It is the responsibility af the City to carry
out the above requirements_
3. Workers' Compensation. Any and all employees of the City ar other persons
while engaged in the performance of any work or services required or permitted
by the City under this ag�eement will not be considered employees of Mn1DOT,
and any and atl 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 wil2 require
(Mn/DOT Agreement No. 91254)
Page 5
07-/�3 S'
proof of Workers' Compensation Insurance from any contractor and sub-
contractor.
H. AUDIT.
1. The City will comply with the Single Audit Act of 1984 and Office of
Mana�ement and Budget (OMB) circular A-133 including amendments and
successorsthereto, which are incorporated herein by reference.
2. As provided under Minnesota Statutes Section 16CA5, subdivision 5 all books,
records, docwnents, 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 six
years. The City will be responsible for any costs associated with the performance
of the audit.
I. MAINTENANCE. The City assumes futl responsibility for the operation and
maintenance of any facility constructed or improved under this Agreement.
J. CLAINIS. The City acknowledges that Mn/DOT is acting only as the City's agent
for acceptance artd disbursement of federa] funds, and not as a principal or co-
principal witn respect to �he �ro}ect. �he C;ty wi:l pay any and a:l law �� clasas
arising out of or incidental to the Project ancluding, wifl�out limitation, claims
related to contractor selection (including the solicitation, evaluation, and
acceptance or rejection of bids or proposals), acts or omissions in performing tkie
Pro}ect work, and any ultra vires acts. The City wiil indemnify, defend (to the
extent permitted by the Minnesota Attomey General}, and hold Mn(DQT
hannless from any claims or costs arising out of or incidental to the Project,
including reasonable attorney fees incurred by Mn/DOT. The City's
indemnification obligation extends to any actions related to the certification of
DBE participation, even if such actions are recommended by MnlDOT.
II. DUTIES �F MnlBOT.
A. ACCEPTANCE. Mn/DOT accepts desib ation as Agent of the City for the
receipt and disbursement of federal funds and wifl act in accordance herewith.
B. PROJECT ACTNI'I'IES.
L Mn/DOT w4ll make the necessary requests to the PHWA for authonzation to use
federal funds for the Project, 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 cIauses to be
included in the proposal solicitation and will provide the required Federal-aid
provisions to be incYuded in the Proposal.
3. Mn/DOT wiIi review and certify the DBE participation and notify the City when
certifcation is complete. ff certification of DBE participation cannot be obtained,
(�Mn/DOS Agreement Na. 91254)
Page 6
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then the City must decide whether to proceed with awarding ihe eontaact. Failure
to obtain such certification will result in the pro}ect becoming ineligible for
federal assistance and the City must make up any shortfaIl.
C_ PAYMENTS.
1. Mn/DOT will receive the federal funds paid by the FHWA for the Project,
pursuant to Minnesota Statutes § 16136, Subdivision_ 2.
2. Mn/DOT will review and certify each partial pay request. Following certification
of the partial estimate MnIDOT wili reimburse the City, from said federal funds
made available to the Project, for each partial payment request, sub}ect To the
availability and limits of those funds.
3. Upon completion of the Project, the City will prepare a final payment request in
accordance with the terms of this ageement 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 wiIl be paid
until completion of the 6nal audit and approval by Mn/DOT's authorized
representative.
5. If 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 City may continue the work witli local
funds only, until such time as Mn/DOT is able to process the federal aid
reimbursement requests.
B. AUTHORITY. Mn/DQT may withhold federal funds, if Mn/DOT or the FHWA
determines that tne Project was not completed in campliance with federaI
requirements.
E. INSPECTION. Mn/DOT, the FHWA, or duly authorized representatives of the
state and federal government will have the rtght 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
yeazs following the closing of the construcrion contract.
III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have
responsibility to administer this a�eement and to ensure that all payrnents due to the
other party are paid pursuant to the terms of this agreement.
A. The City authorized representative is Don Vamey, Landscape Architect, 30Q
CHA 25 West 4th Street, St. PauI, MN 55102, or his successor.
B. Mn/DOT's authorized representative is Lynnette Roshell, Minnesota Deparhnent
of Transportation, State Aid for Local Transportation, Mail Stop 500, St Paul, MN
55155, phone 651-366-3822, or her successor.
(Mn/DOT Agreement No. 9125i)
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IV. TORT LIABILITY. Each parEy is responsible for its own acts and omissions and the
results thereof to the extent authorized by law and wilI 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, �ovems Mn/DOT liability.
V. ASSFGNMENT. Neither party wzIl assign oz transfer any rights or obligations under this
a� without prior written approval of the other party.
VL AMENI?MENTS. Any amendments/supplements to this A�eement must be in writing
and be execuCed by tt�e same parties who executed the original ab eement, or their
successors in office.
VII. TERM OF AGREEMENT. This agreement will be effective upon execution by the City
and by appropnate 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 parry. 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 wili be entitled to
reimbursement for Mn/DOT-approved federally eligible expenses incurred for work
satisfactority performed on the Pro}ect to the date of termination subject to the terms of
this agreement.
tMm{DOT Agseement 130. 91254)
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L'�i WIT'_vESS WHEREOF, the pariies have caused this A�eement to be duIy executed intending
to be bound thereby.
CITY
Cih cemfies that the appropriate peison(s)
have executed the contract on ats behaLf as required by�
applicable resolutrons, ordinuices, or charcer
provisions
DEPARTME�T OF TR4NSPORT.ATION
By:
Title� Duector,
State Aid for Local Transportanon
Bv:
Date
CONLMISSIONER OF ADNLil�'ISTRATiOI�T
BY
Date
By:
Date:
Trtle:
By:
Date:
Title:
By:
Date:
Tit1e:
?age S
(IYixi/DOT BgreeIDenc No. 9125�)'