09-1311Council File # � l— �3 �
Green Sheet #3084376
)LUTION
PAUL„AMNNESOTA
Presented by
i�
WF�REAS, under the �esota Statutes Section 16136, the City desires that the Commissioner of
Transportation be appointed as Agent of the City of Saint Paul, Pazks and Recreation Department to accept as its
agent, federal aid funds which may be made available for a river revetment renovation project between the Smith
Avenue High Bridge and Upper Landing Park adjacent to the Samuel H. Morgan Regional Trail.
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NOW THEREFORE BE TT RESOLVED, by the Council of the City of Saint Paul, upon the
recommendation of the Mayor, and the positive advice of the Director of Parks and Recreation, to execute into an
agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid
participation as set forth and contained in Minnesota Depamnent of Transportation Agency Agreement No. 95401
copy of which said agreement was before the City Council and which is made a part hereof by reference.
Adoption Certified by Co mci] Secretary
BY� /� � _ Jn
Approv by a} : Date l Z L C�
By:
uested by Deparfinent of:
. �
.,�;- � �, �►� �
��'[L�«��
Form
�
Adopted by Council: Date �/�������
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet��
' DepartmenUOffice/Council: ; Date Initiated: �� � � / �
ParksandRecreation � Green Sheet NO: 3084376
PR — � 15 OCT 2009 �
Contact Person & Phone:
Don Varney
266-6427
�
Assign
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For
Routing
Order
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' Must Be on Council Agenda by (Date):
Doc.Sype:RE
� E-DOCUment Required: Y
� Dooument Co�tect: Kris Wells
�', Con[act Phone: 266-6438
'�� Total # of Signature Pages 1 (Clip All Locations for Signature) �
' Action Requested:
� Council approval of Resolution authorizmg establishment of an agreement with the Minnesota Commissioner of Transportation to
; accept .'ederal �ra��t fimds.
Recommendations' Approve (A) or Reject (R):
Planning Commission
CIB Committee
' Civd Service Commission
, A Staff
Personal Service Contracts Must Answer the Following Questions:
1 Has this person/firm ever worked under a contract for this department?
Yes No
2 Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skiil not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Parks and Recreation Deparhnent has been awarded a Federal Transportation Enhancement grant for the renovation of a portion of the
Mississippi River revetment. City Council approval is required to allow the Comissioner of Transportation to act as the City's age�t
to accept and administer the federal funds.
'i Advantages If Approved:
I The grant funds are received as a reimbursement for construction costs. Council approval wiil allow $2.SM in grant funds to be
; accepted and administered through MnDOT. _
"a ?I
d . ,a
Disadvantages If Approved:
No�e
��V J % �OOg
� Disadvan[ages If Not Approved:
� Federal Transportation Snhancement grant funds are only disbursed through MnDOT. Without Council approval designating MnDOT
�� as the City's agent, $2 SM in grant funds will not be available for reimbursement.
Total Amount of $0. ��
Transaction:
Punding Source:
CosURevenue Budgeted:
Activity Number:
`�,}
..��'�
Fina ncia l Inform ation:
(Explain)
a�� � a ����
^ a :�. �fi,.im.a'�G� t
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October 15, 2009 4:37 PM
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Mn/DOT Agreement No. 9�401
STATE OF MI?VNESOTA AGENCY ,�GREEViENT
BETW"EEN
DEPARTMENT OF TRANSPORTATION
AND
CITY OF SAINT PAUL
FOR FEDERAL PARTICIPATION IN ADVANCE CONSTRUCTION
FOR
S.P. 164-59�-0I, 164-59�-02, and 164-59�-04; M.P. TEAX 6208(107)
This agreement is entered into by and between City of Saint Paul ("Ciry") and the State of
Minnesota acting through its Commissioner of Transportation ("Mn/DOT"),
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 forfh duties and responsibilities for letting, payment, and other procedures for a
federally funded contract let by the City; and
Pursuant to Minnesota StatuCes Section 161.36, the City desires Mn/DOT to act as the
City's agent to accept and disburse federal funds for the construction, improvement, or
enhancement of transportation financed in whole or in part by federal funds; and
The City is proposing a federal aid project to make improvements to the Mississippi
Riverfront including grouted riprap removal, riprap revetment, interpretive overlook
construction, lighting and landscaping, hereinafter referred to as the "Project"; and
The Project has been determined to be eligible for the expenditure of federai aid fimds
and is programmed in the approved federally approved STIP for the fiscal year 2010 and the
project is idenYified in Mn/DOT records as State Project 164-59�-01, 164-59�-02, and 164-
595-04, and in Federal Highway Administration ("FHWA") records as Minnesota Project
TEAX 6208(107); and
The differences between planned Obligation Authority and actual Obligation
Authority has resulted in the need to have projects with anticipated federal funds greater than
$2,000,000 advance construct the project until costs are begin to be incurred for the project;
and
The Ciry desires to temporarily provide City State Aid and/or other local funds in tie�i
of the federal funds so that the project may proceed.
(Mn/DOTAgreamentNo 9>d01)
C\DOCUME 2/6/04Page1
�. . .
MnIDOT requires that tize Yerms and conditions of this agency be set forth in an
agreement.
THE PARTIES AGREE AS FOLLOWS:
DUTIES OF THE CITY.
A. The City will let a contract and construct the Project in accordance with Agency
Agreement No. 84218. Payment provisions for federalty eligible costs will be as
stated herein.
B. It is estimated that the total cost of the Project is $ 3,2»,309 ar�d that the
anticipated federal funding will be capped at $ 2,580,247. The remaining share
will be paid by the City. _
C. The City will pay any part of the cost or expense of the Project that is not paid by
federal funds.
D. Request for reimbursement of the federal aid shaze of the federally eligible costs
will be made after funding and obligation authority aze available.
E. If the project is converted to federal fundrng before completion and finai
accepYance, requests for reimbursement will occur as partial estimates in
accordance with Agency Agreement No. 84218.
F. Under Minnesota Statutes § 16C.05, subd. 5, the (Govemmental UniYs) books,
records, documents, and accouuting proeedures and practices relevant to this
Agreement aze subject to examination by the State and the State Auditor oz
Legislative Auditor, as appropriate, for a minimum of si�: yeazs.
R. DUTIES OF Mn/DOT.
A. Mn/DOT will make the necessary requests to the FHWA for auYhorization to
use federal funds for the Project and designation as an Advance Construction
project.
B. Mn/DOT will request the conversion of the Project to federal funding of
eligible costs, when funding and obiigation authority are available.
C. At such time that the project is converted to federal funding and such funding
is received by Mn/DOT, Mn/DOT will reimburse to the Ciry flie federal aid
share of the federally eligible costs, previously provided by the City.
Reimbursement for City State Aid funds used in lieu of federal funds, will be
deposited in the City's State Aid Account. Reimbursement for other City
funds used in lieu of federai funds will be forwazded to the City.
(Mn/DOT A�reemznt No. 95401)
C\DOCUME 2t6/04Page2
by-��11
III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have
responsibility to administer this agreement and to ensure that a11 payments due to the
other party are paid pursuant to the terms of this agreement.
A. The City authorized representative is John Maczko 1�00 City Hall Annex, 25
West Fourth Street, Saint PauL MN 5� 102 or his successor.
B. Mn/DOT's authorized representative is Lynnette Roshell, Minnesota
Department of Transportation, State Aid for Local Transportation, 395 John
Ireland Boulevard, Mail Stop 500, St Pau1, MN �5155, phone 6� I-366-3822,
or her successor.
IV. TORT LIABILITY. Each party is responsible for its ov✓n 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, govems Mn/DOT liability.
V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this
agreement without prior written approval of ihe other parry.
Vt. , AMENDMENTS. Any amendments/supplements eo 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 Ciry
and by appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and
wi11 remain in effect for five {5) years from the effective date or untii all obligations set
forth in this agreement have been satisfactori(y fulfilled, whichever occurs first.
VIII. TERMINATION. This agreement may be terminated by the City or Mn/DOT at any
time, with or without eause, upon ninety (90) days written notice to the other party. Such
termination will not remove any unfulfilled financial obligations of the City as set forCh
in this Agreement. In the event of such a termination the City will be entitled to
reimbursement for MnIDOT-approved federally eligible expenses incurred for work
satisfactorily performed on the Project to the date of termination subject to the terms of
this agreement.
(Mn/DOT Agceemen[ No. 9i401)
C.�DOCUME 2/6/04Pagz3
/�,
IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed intending to
be bound thereby.
CITY
City certifies that the appropriate person(s)
have executed the contract on its behalf as
required by applicable resolutions,
ordinances, or charter provisions
�
Date:
Title: Citv Attornev
By:
Date: l 1' 1 U" Q°j
IYs: Director of Financial Services
�
Its: _ Director, Parks and Recreation
Date:
DEPARTMENT OF TRANSPORTATION
�
Tide: Director, State Aid for Local Transuortation
Date:
COMMISSIONER OF ADMINISTRATION
�
Date:
(Mn/DOT Ageemert No. 954-0I
C:�DOCI7ME-l�ros6 1 lyn�LOCALS-1\TempU 64-595-001 BaseACAgreementT�pla[eSameFiscalYear] O.dx 2/6/04 Page 4
Page 1 of 2
John McCarthy - Re: Fwd: Rip Rap funds
D�- l3 ll
From: Don Varney
To: Russell, Tom
Date: ii/10/2009 8:56 AM
Subject: Re: Fwd: Rip Rap funds
Due to inflation, I believe that the Federal funds available has increased from what I listed in the first email.
Federal TEA funds wiil cover 80% of construction and the requireH`local match wi11 be from the�DNR's FDR ,
�r"ant� _, _ .
SP164-595-02 Upper Landing
committed.
SP164-595-02 Harvest States
Park Miss. Riverbank Improvements has $1,186,100 Federal TEA funds
Barge Fleeting Riverbank Improvement has $1,186,100 Federal TEA funds
committed.
SP164-595-04 Commercial Navigation Interpretive Overlook has $426,966 Federal TEA funds committed.
The total Federal Funds committed is $2,799,196
Don
Don Varney
Landscape Architect
City of Saint Paul
Parks and Recreation
don.varney@ci.st�au i.mn. us
651.266-6427
»> Tom Russell 11/9/2009 4:40 PM »>
Don:
Can you tell me where we are getting the other 20% for the RIP Rap projects? Is it TEA-21 funding?
Thomas J. Russell, CPRP
Finance and Planning Manager
Saint Paul Parks & Recreation
25 W. 4th Street, 400 CHA
Saint Paul, MN 55102
�Office: 651.266.6415
� Cell: 651341.8388
;�<" Email: tom.russell o ci stpaui.mn.us
Ynu� =�;.==_�`
Ne/psng to Ma&e �arnt Paul the Most brvable Crt�r in America
»> Calvin Wheeler 11/9/2009 2:27 PM »>
file://C:�Documents and Settings�nccarthy\Local Settings\Temp�XPgrpwise\4AF92B21m... 11/10/2009
Page 2 of 2
»> Don Varney 11/9/09 8:48 AM »>
Calvin,
Here is what we are eligible,to receive in Federal FHWA reimbursement - or 80% of construction.
Upper Landing Park- Miss. Riverbank Improvements 0.2 W7100 Enhancement
$1,130,000.00
Harvest States High Bridge Barge Fleeting Area Miss. Riverbank Improvements 03 W7100 Enhancement
$1,130,000.00
Commercial Navigation Interpretive Miss. River Overlook 0 W7100 Enhancement 00
$406,800.00
Don Varney
Landscape Architect
Ciry of Saint Paul
Parks and Recreation
don.varn�C�ci.stpau Lmn. us
651.266-6427
file://C:�Documents and Settings�mccarthy�I.ocal Settings\Temp�XPgrpwise\4AF92BZlm... 11/10/2009