Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
96-449� � Council File # � � � �� �Y
�R��'�����(
' �' ` � �" ` RESOLUTION Green sheet � 34502
CITY OF SAINT PAUL, MINNESOTA
a,
Presented By ��Y ��^^1^--
Referred To Committee: Date
1
2 WHEREAS, the City of Saint Paul has applied for and received a federal grant of $464,000
3 through the Intermodal Surface Transportation Efficiency Act (ISTEA) for acquisition of 47 vacant
4 river bluff land parcels, and
5
6 WHEREAS, this project is identified as MNDOT project S.P. 164-080-05 and Federal
7 Highway Administration project Minnesota Project TEA 6296(052), now, therefore,
8
9 BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of
10 Transportation be appointed as Agent of the City of Saint Paul to accept federal aid funds which
11 may be made available for eligible real property right of way acquisition costs for S.P.
12 164-080-05, and
13
14 BE IT FURTHER RESOLVED, that the proper City officials be authorized to execute and
15 approve, on behalf of the City of Saint Paul, Minnesota Department of Transportation
16 Agreement No. 74899, a copy of said agreement being attached hereto and incorporated herein
17 by reference.
18
19
20
21
22
23
24
25
Requested by Department of:
Public Works
By , , �m . /�.�-`___--
Stac M. Becker, Director
Form Approved by City Attorney
By , �� ���,�— `�-! � - � 6
Byc
Approved by c M�ay ,, or: Date ` ��
By: I ��K— _C�� '
'Appro y Mayor for Submission to Council
B �����
Adopted by Council: Date � ��
Adoption Certified by Council Secretary
✓
Public V�1oTks Date: April 15, 1996 Green Sheet Number. 34502
3 EPARTbffiVT DIRECl'OR 6 CITY COUNCII.
ontact Persoo and Phone Alnmber.
4 ATTORNEY TTY CLERK
Garneth Peterson 266-6569 ��. D�nR �.& MGT. SVC. DIIt.
YOR (OR ASSLSTANI) ^� efh PMessou
������."'.'.L'
ust be on Council Agenda by: ASAP
OTAL # OF SIGNATURE PAGFS 1 (CLIP ALL LOCATIONS FOR SIGNAT[JRE) �
I N U TED: x ,� s( �'S���eb�
pprove attached resolufion authorizing proper City officials to exec�e a d approve Agreement No. 74899
'th MNDOT to enable the City to receive federal aid funds for acquisition of river bluff properties.
' ERSONAL SERVICE CON'I'RACIS M[JST ANSWER TEIE FOLLOWING:
ecntvivnvc coeuuss[od i. Has the personffirm ever worked under a contract for this departmeul? YES NO
A sx.�e
• . Has this person/firm ever been a City employee? YES NO
CIVII. SERVICE COM1Af15S[ON
. Does this person/firm possess a skill not normally possessed by any YES NO
A em co�nrree current City empioyee?
Eaplain all YES answers on a separate sheet and attach.
UPPORTS WffiCH COUNCIL OBdECT1VE?
COUNCII, WARD(S) DISTRICT PLANNING COUNCIL
TING PROBLEM, ISSUE, OPPORI'IJNITY (Who, What, Whea, Where, Why?):
his project provides federal fund'mg for the City to acquire 47 vacant parcels of land in the Highwood
eighborhood between Lower Afton Road and Highwood Avenue.
VANTAGES IF APPROVED:
he City will be able to sign the agreement with MNDOT to receive federal funds to purchase vacant river
luff parcels.
ISADVANI'AGES IF APPROVED: Ss���� �� ��i"! t��"�°���"
one. 1 r . ��F � � ;����
9 ]t
ISADVe1N'1'AGES IF NOT APPROVED:
he City will not be able to accept $464,000 federal aid already awarded for this project and will not be
ble to purchase the vacant river bluff parcels.
Tai, nMOVn r oF �nivsncrioN: $464, /$1 16 �000 COST/REVF.N[JE BUDGETED (CII2CLE ONE) YES NO
sre souecE: Federal ISTEA funds / 1996 CIB match AC1'IV1TY NUMBER: C9C/-ZAOZO
ANCIAL INFORMATiON: (EXPLAIN)
� - Fv� �-��F��F
G�NL�
��.-��{�
MINNESOTA DEPARTMENT OF TRANSPORTATTON �
ACsENCY AGREEMEI�IT WITH THE CITY OF ST. PAUL
FOR FEDERAL PARTICIPATION IN RIGHT OF WAY/LAI3D ACQUISITION
FOR
S.P. 164-080-05; M.P. T'EA 6296(052)
AGREEMEN'T NO. 74899
F.Y. Vendor Code. Fund Agency org. Appr. Unit
Activity Object Code Job No. Amount P.O. No.
This agreement made and entered into by and between the City of St. Paul,
hereinafter referred to as the •'City" and the Commissioner of Transportation o£
the State o£ Minnesota, hereinafter referred to as the "COmmissioner",
WITNESSETH:
WAEREAS, Minn. Stat. Sec. 161.36 pertaining to federal aid provides that
the Commissioner may act as agent for any governmental subdivision of the State
in accepting federal aid in its behalf; and
WHEREAS, the City is proposinq a federal aid project to acquire 47 vacant
parcels to preserve the river bluff along TH 61 and the Mississippi River; and
WHEREAS, said project is identifi.ed in the records of the Department of
Transportation as S.P. 164-080-05 and in the records of the Federal Highway
Administration as Minnesota Project TEA 6296(052); and
WHEREAS, the City desires to obtain federal aid participation in the
necessary real property right of way acquisition costs in connection with said
project; and
WHEREAS, The executed agency agreement between the Commissioner and the
City does not include provisions for the Commissioner to act as the City's agent
in accepting and receiving federal aid funds for City right of way acquisition
costs.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
- 1 -
That pursuant to Minn. Stat. Sec. 161.36 the City does hereby appoint
the Commissioner its agent to accept and receive all federal aid funds made
available for real property right o£ way acguisition costs on S.P. 164-080-05.
Page No. 1
Fv 2 R zrF�R�'Cf
QN�k
°tG-y`19
Agreement � 74899
- 2 -
ELIGISILITY AND PROGRAMMZNG. The reasonable cost and expense of real property
acguisition may be eligible for £ederal aid participation. A credit will be
required for any building sales or rental income. All acquisition activities and
procedures shall be in accordance with the Uniform Relocation and Real Property
Acquisition Act of 1970 as amended and 49 Code of Federal Regulations, Part 24
Unifozm Relocation and Real Property Acquisition for Federal and Federally
Assisted programs. Any portion of the above work which has been performed prior
to speci£ic authorization from the Division of State Aid will not be eligible for
federal aid participation. Major changes in the scope, character or estimated
total cost of the work £rom the initial authorizations must have prior
concurrence from the Commissioner and Federal Aighway Administration. The City
will assign supervisor responsibility for all work to be performed under the
terms o£ this agreement to the City Engineer. The City shall neither sell nor
allow a change in the use of the right of way acquired under this agreement
without prior approval of the Minnesota Department of Transportation and the
Federal Highway Administration.
- 3 -
LIAISON AUDIT. EVALUATION AND MONITORING. The Commissioner shall make the
necessary requests along with any required supporting data to the Federal Aighway
Administration for authorization of federal participation in acquisition costs
and reimbursements therefor under the terms of this agreement. To insure
compliance by the City with a11 applicable federal regulations and lawg, the
Commissioner, or his representative, shall have the right to audit, evaluate and
monitor, as deemed necessary, the work to be performed under this agreement. In
addition� as provided under Minn. Stat. Sec.16B.095, all books, records,
documents and accounting procedures and practices of the City are subject to
examination by the Commissioner, his authorized representative and either the
legislative auditor or the state auditor as appropriate. This same right of
examination shall also apply to those parties to any agreement entered into by
the City under Section 9- Sublettina.
- '1 -
PAYMENT The estimated cost of the proposed real property right of way
acquisition is $580,000.00. Federal reimbursement shall not exceed $464,000.00
(@ 80�) without a supplemental agreement. It is anticipated that 80� of the
eligible cost of said right of way activities are to be paid from funds made
available by the Federal Highway Administration by way of federal aid. Any costs
not reimbursed by federal aid funds are to be borne by the City. Eligible costs
for federal aid participation shall be based on actual documented costs. If, for
any reason, the Federal Highway Administration fails to pay any part of the cost
or expense o£ said project, then, in that event, the City agrees to pay the same.
The City furthez agrees to pay any and all lawful claims arising out of or
incidental to the performance of the work in the event that the federal
government does not pay the same, and in all events, agrees to save the Minnesota
Department of Transportation and the Commissioner harmless from said claims and
from any claims arising out of this agreement.
Eligible cost and expense may, if approved, consist of the purchase price,
appraisal fees incurred by the City, appraisal fees incurred by the property
owner ($500 maximum), condemnation costs, title work, title insurance, recording
fees, and closing costs,
Acceptability of costs under this agreement and under any agreement entered
into by the City under Section 9 Sublettina shall be determined in accordance
with the cost principles and procedures set forth in Federal Requisition
Regulations, 4S CFR 1-31.2 which are made a part hereof by reference with the
Page No. 2
�2 R����
o "�y
`tG���q
Agreearent � 74899
same force and effect as though fu11y set forth herein.
Expenditures for property taxes, environmental analysis, direct labor,
equipment, materials, maintenance, general administration, supervision, overhead,
and other incidental expenses incurred by the City for the real property
acquisition shall not be eligible for federal participation.
Partial payment will be made to the City not more o£ten than once each
thirty (30) days and shall be £or services performed during one (1) or more
calendar months. At the close of each billing period, the City shall submit to
the Commissioner; one original invoice, for services rendered and for
reimbursable expenses incurred during that period. The invoice or supplements
thereto, shall contain whatever details that may be necessary for a proper audit.
Such details shall consist of at least the following for those items approved for
federal participation:
(a) The invoice shall include detail for right oE way acquisition
expenditures which shall include a right of way map or plan showing
the right of way authorized and actually acquired including parcel
identiEication numbers, area acquired, property lines of the area
acquired, and any other pertinent data affecting the cost of right
of way such as structures, improvements and fences as well as a
statement of cost showing:
1. Parcel number;
2. Cost of parcel;
3. Cost of excess land, if any, acquired from same ownership;
(b) The invoices shall include 100� of eligible charges applicable to
the project so that the prorate share of Federal and City costs can
be applied to the total costs.
The Commissioner wi11 reimburse the federal aid share of the costs o£
eligible work performed by the City under the terme of this agreement. Up to 5�
o£ each payment may be retained by the Commissioner. The retainage will be
released following the completion of the final audit. No payment sha11 be due
until the account has been audited and approved by duly authorized
representatives of the Commissioner.
- 5 -
INSPECTION OF WORK AND DOCUMENTS. The Commissioner shall, at all times during
this agreement and for three (3) years from the date of final payment oP federal
funds to the State with respect to the project, be accorded proper facilities for
inspection of the work hereunder and shall at all times have access to the
premises, to all books, records, correspondence, instruction, receipts, vouchers,
memoranda of every description pertaining to the work hereunder. The Eederal
Highway Administration shall have the same right of inspection as accorded the
Commissioner herein.
�:�'
RECORDS. The City sha11 maintain an accurate cost keeping system as �o all costs
incurred in connection with the subject of this agreement and sha11 produce for
examination books of account, bills, invoices and other vouchers, or certi£ied
copies thereof if originals be lost, at such reasonable time and place as may be
designated by the Federal Hiqhway Administration, or by the commissioner or his
duly authorized representatives and shall permit extracts and copies thereof to
be made.
Page No. 3
Fo2 ��z�{F�'•d1vCE
a N ��
°tG-W`�,�
Agreement ,$ 74899
- � -
COMPLIANCE WITH LAWS. The Ci.ty shall comply with all Federal, State and local
lacss, together with all ordinances and regulations applicable to the work.
- $ -
SINGLE AUDIT RE UIREMENTS. The City shall comply with the Single Audit Act o£
1984 and Office Management and Budget (OMB) Circular A-128.
- 9 -
SUBLETTING The services of the City to be performed hereunder shall not be
assigned, sublet or transferred unless written authority to do so is granted by
the Commissioner. This written consent shall in no way relieve the City from its
primary responsibility for performance of the
work.
- 10 -
EMPLOYEES. The City sha11 not engage, on a full or part-time or other basis
during the period of this agreement, any professional or technical personnel who
are or have been at any time during the period of this agreement in the employ
of the State, except regularly retired employees, without written consent of the
commissioner. This provision is not intended to apply to engineering and
technical services which may be provided by the Minnesota Department of
Transportation upon request of the City.
- 11 -
CITY EMPLOYEES. Any and all employees of the City or other persons while engaged
in the perEormance of any work or services required by the City under this
agreement shall not be considered employees of the State and any and all claims
that may or might arise under the Worker's Compensation Act of Mi.nnesota on
behalf of said employees or other persons while so engaged, and any and all
claims made by any third party as a consequence of any act or omission on the
part of the City's employees or other persons while so enqaged on any of the work
or services to be rendered shall in no way be the obligation or responsibility
of the State. The City shall require proof of Worker's Compensation Insurance
from all sub-contractors.
- 12 -
LIMITATIONS OF LAW. A11 provisions oE this agreement shall be subject to
limitations provided in the State of Minnesota and Federal Laws.
- 13 -
NONDISCRIMINATION REGULATIONS. During the performance of this agreement, the
City, for itself, its assignees and successors in interest aqrees to comply with
Title VI of the Civil Rights Act of 1964, as amended. Accordingly, 49 Code of
Federal Regulations (CFR) 21 through Appendix A and 23 CFR 710.405 (b) are made
a part hereof by reference with the same £orce and effect as though fully set
forth herein.
- 14 -
MSI30RITX BIISINESS ENTERPRISE POLICY. It is the policy of the Federal Department
of Transportation and the State that Minority Business Enterprises as defined in
49 CFR, Part 23, shall have the maximum opportunity to participate in the
Page No. 4
Fo2 R�fk�2F,r'cF
d��
°�G-4 y�
Agreement # 74899
per£ormance of contracts financed in whole or in part with federal aid funds
under this agreement. Consequently, the MBE requirements o£ 49 CPR, Part 23,
apply to this agreement.
The City shall insure that Disadvantaged Business Enterprises and
Women Business Enterprises as de£ined in 49 CFR, Part 23, have the maximum
opportunity to participate in the performance of contracts, financed in whole or
in part with Federal funds_ In this regard, the City shall take all necessary
and reasonable steps in accordance with 49 CFR, Part 23, to insure that
Disadvantaged Business Enterprises and Women Business Enterprises have the
maximum opportvnity to compete for and perform such contracts. The City shall
not discriminate on the basis of race, color, national origin, or sex in the
award and performance of federally funded contracts under the terms of this
agreement. Failure to oarry out the above requirements shall constitute a breach
of this agreement and may result in termination of the agreement by the State,
and possible debarment from performing other contractual services with the
Federal Department of Transportation.
- 15 -
ANTITRUST CLAUSE. The City hereby assigns to the State of Minnesota any and all
claims for overcharges as to goods and/or services provided in connection with
this agzeement resulting from antitrust violations which arise under the
antitrust laws of the United States and the antitrust laws of the State of
Minnesota.
- 16 -
IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WASER POLLUTION CONTROL ACT. The
City stipulates that any facility to be utilized in performance under or to
benefi.t from this agreement is not listed on the Environmental Proteotion Agency
(EPA) List of Violating Facilities issued puYSUant to the requirements of the
Clean Air Act, as amended, and the Federal Water Pollution Control Act as
amended.
The City further agrees to comply with a11 of the requirements of
Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution
Control Act and all regulations and guidelines issued thereunder.
The City stipulates that as a condition of federal aid pursuant to
this agreement is shall notify the Commissioner of the receipt of any advice
indicating that a facility to be utilized in performance under or to benefit £rom
this agreement is under consideration to be listed on the EPA List of Violating
Facilities.
- 17 -
CONSTRUCTION OF PROJECT No construction cost on this project.
- 18 -
TERM OF AGREEMENT. This agreement shall be effective, upon execution by the
Minnesota Department of Finance contingent upon Federal Highway Administration
authorization of Eederal aid participation in the work and shall remain in effect
for five (5) years from such effective date, or when £inal audit and payment have
occurred. Such termination shall not remove any unfulfilled financial
obligations of the City as set forth in Section 4 Pavment. The term oE this
agreement may be extended by a properly executed supplemental agreement.
Beginning date of eliqibility for federal reimbursement will be determined by the
provisions of the Federal Highway Administration authorization.
Page No. 5
�02 2�F�2 �CE
oN�y
9L ��l4.q
Agreement # 74899
- 19 -
APPROVAL. Before this agreement shall become binding and effective, it shall be
approved by resolution of the City Council and shall also receive the approval
of such state o£ficers as the law may provide.
- 20 -
ACCEPTANCE. That the Commi.ssioner accepts this said appointment as Agent of the
City and agrees to act in accordance herewith.
MINNESOTA DEPARTMENT OF TRANSPORTATION CITY OF ST. PAUL� MINNESOTA
RECOMMENDED EOR APPROVAL
By
Mayor
By By
Commissioner of Transportation City Clerk
APPROVED AS TO FORM AND EXECUTION: By
Director Finance & Mngmnt Serv.
By
Assistant Attorney General
Dated
APPROVED:
DEPARTMENT OF ADMINISTRATION
By
DEPARTMENT OF FINANCE
By
Dated:
By
City Engineer
APPROVED AS TO FORM:
By
City Attorney
Dated:
Page No. 6
�t c.—�t`l°I
r.
N
�.
O
v
(D
�
N
�
Q
W
H
�
�
Lf�
O
O
�
O
V
�
�
�
1---
V
W
�
O
�
�
Z
O
H
I"'
Q
7
�
W
(l7
W
�
(1.
�
Z
O
H
�"'
H
�
H
�
Q
I �
� 4
�
�
..�-
m
�
w
�
H
�
�
�
0
�
cn
a
F--�
Z
�
�
�
C
r
�
z
�
�
r
m
z
O
�
�
�
V
�1, i,' � 1-j
�
�
0
�
rn
c�
-�
�
�
rn
�
�
0
�
0
0
cn
�:
-
�
rn
D
rn
N
�
rn
.-.
0
N�
�
s �