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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 �. 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