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07-1035COUNCIL FILE #: D � � /D 3� GREEN SHEET #: 3044659 RESOLUTION Presented By: Referred to: OF SAINT PAUL, NIINNESOTA �� 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. 11 12 13 14 15 16 17 18 19 20 21 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,� �'')���,� -� Bruce Vento Trail Connection 2007.z1s Page: 1 of 1 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � b7 /035 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 � 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 � � �. . � --7 p- � � @� ° �� g � � °� 8'�� 7ransaction: Funding Source: Financial Information: (Explain) Activity Number. �i°s.-. OCT 2 2 200T CosVRevenue BUdgeted: �___ -. � �� October 2 2007 9:27 AM Page 1 07 /43� 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 07 /43S 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 Q7-/D 3� 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 6�-/D3� 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 G ��/D�S (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 47�/D35 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) Page � a� /a�s 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) Page e � �7 /03S' 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�)'