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98-307CounCil File # 16 � �� Green Sheet # �OV�G ORIGiNA Presented By Referred To Committee: Date 1 WHEREAS, the City of Saint Paul and the Metropolitan Council desire to jointly and cooperatively provide for the 2 installation, replacement, and maintenance of bus stop signage to serve the needs of residents and visitors who use g transit; and � WHEREAS, the Metropolitan Council is authorized by Minnesota Statues section 473.405 to construct, equip, and 6 operate transit and paratransit systems in the City of Saint Paul; and 7 WHEREAS, the Metropolitan Councii has begun Capital Improvement Project Number 3291, for providing new bus $ stop signs at all its bus stops, and route number and destination holders at selected bus stops; and 9 1 � WHEREAS, new and existing bus stop signs and reiated signs require ongoing maintenance and replacement, and � 1 Metropolitan Council route changes may necessitate moving the location of bus stops and bus zones; and 12 WHEREAS, the City of Saint Paul possesses the authority, skiil, and expertise to install, remove, maintain, and 13 retrofit traffic signs and sign mounting structures within the City of Saint Paui; and 14 15 WHEREAS, The Metropolitan Council has agreed to compensate the City of St. Paul for ail work to be performed 16 under this Joint Powers Agreement; now 1 � BE IT RESOLVED, that the City of Saint Paul , by and through its Director of the Department of Public Works, is 18 authorized to enter into such a mutually beneficial Joint Powers Agreement. 19 Requested by Department of: Public Works By: � �� fr Form Approved by City��ney Adopted by Council: Date Nt� RESOLUTION CITY OF SAINT PAUL, MINNESOTA /3 Certified by Council Secretary �� By: By: k�y Mayor to Council Approved by By: t By: TOTAL # OF SIGNATURE PAGES � DATEINITIATED IGREEN SHEET !/1 INIT �l$ - 30''] Na 60682 � ,yJ INIl1AllDATE _ � DEPARTMEM DIRECTOR .�—".�/y — � CITY COUNCIL nss�cw � � � Pop CITY AiTORNEY � CITY CLERK ROUi1NG � FlNANqALSERVIGES DIR. ❑ FIN. SERVICE£ ORDER � MAVOR (OA ASSISTANn � DIVI40N MA � ID WARN � DIQCRUPERT {CLIP ALL IOCATIQNS FOR SIGNATURE) ACIION REQUESTED Approve the Joint Powers Agreement between the Metropolitan Council and the City of Saint Paul for installarion, replacement and maintenance of bus stop signage. DEPARTMEM/OFFlCFJCOUNCIL Public Works - Traffic Tom Stadsklev 266-6217 NUST BE ON CqUNqL AGENDA BY (DATEJ RECOMMENDATIONS: Approve (A) or Reject (R) A A PLANNING COMMISSION CIB COMMiTTEE CIVIL SERVICE COMMISSION SYaff Metropolitan Council PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has this personlfirm ever worked under a contract for this department? YES NO 2. Has this persoNfirm ever been a city employee? YES NO 3. Does this personffirm possess a skili not normally possessed by any current city employee? YES NO Explain all yes answers on separate sheet and attach to green sheet 1N1T1ATlNG PROBI,EM, lS$UE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHY). The City currently installs and maintains bus stop signage. The Metropolitan Council has agreed to pay the City of Saint Paul to install and maintain new bus stop signs. y � � }. . CQ�!iid0� iEGJVQfv£y'4.s�.CiI::G1 k � �� : � `�'� 1�� ADVANTAGESIFAPPROVED: Metropolitan Council will pay the City of Saint Paul to install/maintain bus stop signage. �� y « E ,1 �. ;, y � ��_�� DISA�VANTAGES IF APPROVED: None � � �AYO�'S flFF4C� � ��,�'-'v� ��'- "�Ze,,.�4�' E,. 4 "� ;� ° "° � " <�e �,: �: u'�z � "s �ti� �ni: �. .. �.._ .. DISADVANTAGES IF NOT APPROVED: City will continue to receive no compensarion for installarion, replacement and maintenance for bus stop signage. ` TOTALAMOUNTOF7RANSACTION$ . COST/REVENUEBUDGETED(CIRCLEONE) YE NO FUNDING SOURCE ACINT' NUMBER �� _ q � / � � FlNANCIAL INFORMAT70N; (EXPLAIN) 9&' - 3e� Council Contract No. 98-015-1 JOINT POWERS AGREEMENT BETWEEN THE METROPOLTTAN COUNCIL AND THE CITY OF ST PAUL FOR INSTALLATION, REPLACEMENT, AND MAINTENANCE OF BUS STOP SIGNAGE THIS AGREEMEI\T is made this day of , 19____, beriveen the Metropolitan Council ("the Council"), a Minnesota political subdivision, and the City of St. Paul ("the City"), a Minnesota municipal corporation. WHEREA5, the Council is authorized by Minnesota Statutes section 473.405 to consiruct, equip, and operate transit and paratransit systems in the seven-county metropolitan area; and WfIEREA5, the Council has begun Capital Improvement Project Number 3291, for providing new bus stop signs at all its bus stops, and route number and destination holders at selected bus stops; and WHEREAS, new and existing bus stop signs and related signs require ongoing maintenance and replacement, and Councit route changes may necessitate moving the location of bus stops and bus zones; and WHEREAS, the City possesses the authority, skill, and expertise to install, remove, maintain, and retrofit traffic signs and sign-mounting structures within its jurisdiction; and WHEREAS, the Council and the City desire jointly and cooperatively to provide for installation, replacement, and maintenance of signage, pursuant to Minnesota Statutes section 471.59, to serve the needs of residents and visitors who use transit. NOW, TFI�REFORE, in consideration of the mutual promises contained in this agreement, the parties agree as follows: I. DEFINITIONS 1.01 Circle-T Signs. "Cirole-T Signs" means the old bus stop signs removed by the City, beazing the logo of a white "T" within a white circle on a red background. 1.02 Holders. "Holders" mean units for displaying route number, destination and other transit service information at bus stops. 1.03 Holder Components. "Holder Components" means the holder units; mounting screws, nuts, washers, and bearing plates; and tamperproof clamps and screws with necessary keying tools. 1.04 Sign Components. "Sign Components" means the new bus stop signs and nylon washers. -- 1 -,. q5�-�o� II. LOCATION OF BUS STOPS 2.01 Council Selection. The Council is responsible for selecting locations for bus stops and bus stop signage, and for providing the criteria for placement of bus stop signage. The Council will notify the City of the locations selected by the Council for bus stops and bus stop signage. If the City has concems regazding a proposed location, the City will notify the Council in writing within ninety (90) days of the City's receipt of Council notice of the proposed location. The Council will consider the City's input in making the final determination whether to implement the proposed location. If posting of a No Pazking Zone is required, the Council will notify all affected property owners and appropriate District Council(s) and receive approval prior to requesting the City to install required signage. 2.02 Access for People with Disabiliries. The City and the Council will coordinate and consult regazding development of a plan for providing access to new bus stops in accordance with the applicable provisions of the Americans with Disabilities Act of 1990 and the regulations implementing the Act at 49 C.F.R. part 37, Appendix A, section 10.2. III. INSTALLATION OF NEW BUS STOP SIGNS; CAPITAL IMPROVEMENT PROJECT 3.01 Location Lists. With this agreement, the Council shall provide to the City a preliminary bus stops list designating locations at which bus stop signage is required and designating the locations at which Holders will be installed. Prior to commencement of the work, the Council will provide to the City a detailed, updated bus stop sign inventory as needed, with specific information on the signage required at each bus stop location. The inventory is attached to this agreement as E�ibit A.. 3.02 Delivery of Bus Stop Signs and Holders. The Council will furnish to the City Sign Components, consisting of bus stop signs and nylon washers for protecting the reflective front face of the bus stop signs, to be used by the City for insYaliation of the signs. The Council will furnish to the City Holder Components, consisting of complete holder units and mounting screws, nuts, washers, and beazing plates; and tamperproof clamps for pipe installations and tamperproof screws for channel installations, including necessary keying tools. The Council will provide the City with a schedule for delivery of Sign and Holder Components. The Council will deliver Sign and Holder Components in substantial cartons with each sign and Holder protected to minimize the possibility of damage. The City shall notify the Council of signs or Holders found to be defective within a reasonable time after receipt of a delivery, The Council shall replace quantities of defective Sign or Holder Components to the extent permitted by its reserve supply. The City shall not install defective Sign or Holder Components. 3.03 Storage and Handling of Bus Stop Signs and Holders. The City shall inventory the Sign and Holder Components received and maintain the inventory showing Components installed and in storage. The City shall use due care in handling the Components and shall store the Components in a secure and dry location, stacking them on pallets or using other storage means that provide for air circulation between the floor surface and the cartons. The Ciry shall not store the signs or Holders stacked flat. The City is responsible for loss of or damage to the Sign and Holder Components while in the City's storage. The City shail not install damaged Sign or Holder Components. 3.04 Installation. The City shall be responsible for all work related to installing bus stop signs and Holders at locations in the CiTy as designated by the Council in the bus stops list or bus stop sign inventory. This includes removal, recycling or disposing of materials, and repairs where necessary. The City shall provide all equipment, tools, and suppiies necessary for installation, other than the Sign and Holder Components provided by the Council. The City shall be responsible for placement of the -- Z -- qdf-�c� signs at the bus stops in a manner in compliance with the sign placement criteria furnished to the City by the Council. Alt hardware and other materials furnished and installed by the City shall be corrosion resistant, for exterior use, and of a quality at least equal to those used by the City for similaz work. All hazdware and other materials fumished and installed by the City shall be new and free from defects upon completion of the work. The City shall use the nylon protective washers fumished by the Council under the CiTy's own metal washers used in mounting the bus stop signs. The City shall install the protective nylon washers directly against the reflective sheeting of the front face of the bus stop signs. The City shall be responsible for recycling e�sting Circle-T Signs removed under this agreement. 3.05 Holder Installation. In installing Holders, the City shall use either Council-furnished safety, tamper-proof hardwaze, or tamper-proof hardware selected by and acquired at the City's own expense. The City shall install Holders in a manner so as to masimize pedestrian safety and minimize vulnerability to vandalism. The City shall perform the installation of each Holder by (1) removing the top (or bottom) end cap and glass window, (2) mounting the Holder to the sign-mounting structure appro�mately 5 feet, 10 inches (74 inches) from grade to the top of the Holder, and (3) replacing the glass window and refastening the top (or bottom) end cap to the Holder body. The City shall mount the Holder as labeled: "INSTALL HOLDER THIS END UP" to help insure that the bottom end cap (with its pre-fitted neoprene setting blocks for receiving the glass window) is at the bottom of the installed Holder. The Council shall be responsible for the installation of its own informational inserts in the Holder. IV. COMPENSATION FOR CAPTTAL IMPROVEMENT PROJECT 4A1 Initial Worksheet and Proposal Sheet. The Council has prepazed an initial Worksheet and an initial Proposal Sheet for the City's work related to Capital Improvement Project Number 3291. The initial Worksheet and the initial Proposal Sheet are attached to and incorporated in this agreement as E�ibit B and Exhibit C, respectively. The initial Worksheet and the initial Proposal Sheet display initial database quantities, application factors, projected quantities, and proposed compensation for the work to be performed. 4.02 Payment. The Council shalt reimburse the City based on unit prices per task multiplied by quantities of tasks performed. 4.03 Compensation. The Council's estimate of reimbursement to the City is shown on the initial Proposal Sheet (Exhibit C). a. Quantities entered on E�ibit C are from March 1995 or a more current update of the Council's Allstops database. b. Unit costs entered on Exhibit C are the CounciPs estimate of fair and equitable compensation for the work to be performed. 4.04 Invoice Requirements, Progress payments and cumulative total compensation to the Ciry shall be in accordance with an approved Cost Tabulation Sheet in the format in E�ibit D attached to and incorporated in this agreement. The Cost Tabulation Sheet shall be completed by the City and submitted to the Council for payment as follows: a. Quantities entered on the Cost Tabulation Sheet shall be invoice quantities of actual work performed. -- 3 -- °i�s-��`1 b. Quantities entered on the Cost Tabulation Sheet shall not exceed quantities shown on Exhibit C unless so amended by prior written notification and mutual acceptance by authorized representatives of the Counci] and the City. c. Unit costs entered on the Cost Tabulation Sheet shall be identical to the unit costs shown on E�ibit C unless otherwise approved in writing by an authorized representative of the Council. d. Payment under this agreement is subject to the following requirements: (i) Billings shall be submitted not more frequently than once per month. However, the Council encourages the City to submiY one billing upon completion of the work or progress billings at regular semi-annual or quarterly intervals. (ii) Invoices must include the Council contract number. V. ROUTINE REPLACEMENT AND MATNTENANCE OF EXISTING BUS STOP SIGNAGE 5.01 Services. The City shall be responsible for installing, maintaining, relocating, and moving existing bus stop signs and new bus stop signs installed after the date of this agreement at bus stop locations designated by the Council. The Council shall provide the signs. The City shall supply the signposts, hazdwaze, and labor and equipment required for routine replacement and maintenance of bus stop signs. 5,02 Compensation. The Council will reimburse the City for the reasonable costs incurred in connection with routine maintenance and replacement of signs. The CiTy shall submit invoices to the Council not more frequently than once per month for the City's routine bus stop sign replacement and maintenance activities. Each invoice must contain the Council contract number and be supplemented by an accompanying and separate detailed description of the work involved; the labor and equipment used in the performance of the work; and the parts and materials furnished by the City. VI. TERM AND TERI�IITTATION OF AGREEMENT 6.01 Term. This agreement shall commence on the date of execution of this agreement and shall continue in force and effect until terminated in accordance with paragraph 6.02. 6.02 Termination of Agreement. Once the City has completed its responsibilities for Capital Improvement Project number 3291, or if the Council notifies the City that funds for Capital Improvement Project Number 3291 have been depleted or withdrawn, the portions of this agreement providing for the performance of and payment for work for Capital Improvement Project number 3291 shall terminate. This agreement may also be terminated by either party without cause upon sixty (60) days' written notice to the other parry. VII. ACCOUNTING, RECORD, AND AUDIT REQi3IItEMENTS 7.01 Separate Accounts. The City agrees to establish and maintain separate accounts for the work undertaken pursuant to article III and article V. The City will maintain accurate and complete records and accounts relating to the receipt and expenditure of any and atl funds paid by the Council under this agreement. The City must maintain adequate records to document all invoices submitted to � 9�'- 30� the Council. All accounts and records shall be kept and maintained for a period of at least five (5) years following the tertnination of this agreement. 7.02 Audit. As requ9red by Minnesota Statutes section 16B.06, the records, books, documents, and accounting procedures and practices of the City and of any subcontractor relating to work performed pursuant to this agreement shall be subject to audit and examination by Council and the Legislative Auditor and State Auditor. The CiTy shal] permit the Council or its designee to inspect and copy all accounts, records and business documents, including those of any subcontractor, at any time during regular business hours as necessary to audit this agreement. Within thirty (30) days after completion, the CiTy shall deliver to the Council a copy of any financial or operational audit of the work performed by the City done by the City or at its request or at the direction of any govetnmental agency or department. The Councit shall have the right in its discretion to monitor, examine, and investigate all elements of the work performed pursuant to this agreement. VIII. GENERAI. PROVISIONS 8.01 Amendments. The terms of this agreement may be changed by mutual agreement of the parties. Changes shall be effective only upon execution of written amendment(s) signed by authorized representatives of the Council and the City. 8A2 Corapliance with Law. In pecforming the work provided for in this agreement, the City agrees to comply with all applicable federal, state, and local laws. In particular, the City will be responsible for perfozming installation of bus stop signs and holders in compliance with the applicable provisions oE a. MINNESOTA MANUAL FOR UrTIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS, cunent edition and as amended. b. MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFTCATIONS FOR COI�ISTRUCTION, current edition and as amended. c. MINNESOTA STATUTES CHAPTER 216D regazding excavation, location of underground facilities, notification of Gopher State One Calling System and precautions to avoid damage. Specific provisions in this article inc(ude, in part, certain standard terms and conditions required by the Department of Transportation ("DOT"'), whether or not expressly set forth in the preceding provisions. All contractual provisions required by DOT to be passed to the City, as set forth in FTA Circular 42201D, dated April 15, 1996, are hereby incozporated by reference. Notwithstanding anything to the contrary in this agreement, all Federal Transit Administration ("FTA") mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this ageement. The City shall not perform any act, fail to perform any act, or refuse to comply with any Council requests which woutd cause the Council to be in violation of the FTA terms and conditions. However, no reference to DOT or FTA shall be construed to make DOT or FTA a party to this agreement. 8.03 Project Management Responsibility. The City shall be responsible to furnish or secure, administer, and manage all labor, material, equipment and support for the accomptishment of the work, except as expressly stipulated Yo be furnished by or as the responsibility of the CounciL Under the terms of this agreement, the City has and retains full control and supervision of the services and full control over the employment, direct compensation and discharge of all persons assisting in the performance of its services under this agreement. The City agrees to be solely responsible for all matters -- � -- 98'-30� relating to payment of employees, including compliance with social security, payroll taxes and withholdings, unemployment compensation, and all other regulations governing such matters. The City agrees that any and all of its employees and all other persons employed by it in the performance of any work or services required or provided unde� this agreement, shall not be considered employees of the Council and that any and all claims that may arise under the Worker's Compensation Act of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of the City's or any subcontractor's employees or other persons while so engaged on any of the work or services to be rendered shall not be the obligation or responsibility of the Council. 8.04 Contact Persons. Upon entering this agreement, the Council and the City will each notify the other of the name(s) and telephone number(s) of contact persons for their respective duties under this agreement. The Council and the City shall each notify the other as soon as possible of any changes in the contact persons. If there aze no changes in contact persons, by January 1 of each yeaz this agreement is in effect, the City and the Council will confirm to the other that the information regarding the identified contact person remains valid. 8.05 Liability. Each parry agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The CiTy's and the CounciPs liability shall be govemed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes chapter 466, and other applicable law. 8.06 No Waiver. Nothing in this agreement shall be interpreted as a waiver or release of either the CounciPs or the City's authority under Minnesota Statutes section 473.411, subdivision 5, pertaining to Council use of highways and other public roadways and roadway appurtenances. The Council reserves its rights to have Council staff or contractors install temporary or permanent signs where necessitated by route changes or weather detours, or as required to conduct its public transit and pazatransit operations. 8.07 Equal Employment Opportunity; Non-Discrimination. In conjunction with the execution of its obligations, the City agrees that it and any subcontractors shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, natural origin, sex, sexual orientation, marital status, status with regard to public assistance, disability, age, membership or activity in a local civil rights commission, or political affiliation, and shatl take afFirmative actions to ensure applicants are employed and employees aze treated during employment without regazd to race, color, creed, religion, national origin, sex, sexual orientation, mazital status, status with regard to public assistance, disability, age, membership or activity in a locat civil rights commission, or political affiliation, in all matters, including employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff, return from layoff or termination; rates of pay or other forms of compensation; and selection for training or apprenticeship. The City agrees that it will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and all requirements imposed by the [I.S. Department of Transportation, to the end that, in accordance with Title VI of the Act, no person in the United Staxes shall, on the ground of race, wlor, sex or national origin, be excluded from padicipation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity funded by this agreement. The City further agrees that it, and any subcontractors under this agreement, shail not discriminate against any qualified disabled person who is an employee or applicant for employment and shall take affirmative action to ensure that such qualified individuals are treated without regard to their disability in regard to job application pcocedures; hiring, advancement or discharge of employees; compensation; job � 96'- � o� training; and other terms, conditions, and privileges of employment, pursuant to the Americans with Disabilities Act. In addition, the City agrees to abide by the requirements of 49 C.F.R. Part 23, regarding minority (disadvantaged) business enterprises in DOT programs. Failure to catty out the requirements set forth in 49 C.F.R. section 23.43(a) shall constitute a breach of this agreement and, after the notification of the DOT, may result in termination of this agreement by the Council or such remedy as the Council deems appropriate. 8.08 Permits, Bonds, and Approvals. The City is responsible for obtaining a11 applicable local and state licenses, permits, bonds, and authorizations necessary for performing the work in this agreement. 8.09 Federal Requirements. The City acknowledges that this agreement is subject to FTA requirements for third party procurement. The City acknowledges that, if the City subcontracts the work provided for in this agreement, the City will conduct any subcontractor solicitation and require performance of subcontracted portions of this agreement in compliance with applicable FTA requirements, including requirements of the Davis-Bacon Act, the Seismic Safety requirements of 42 U.S.C. §7701, the Contract Work Hours and Safety Standards Act, and the Copeland Anti-Kickback Act. The City shall seek assistance from the Council in determining the applicabiliTy of these Federal requirements for any subcontracted work to be done under this agreement. 8.10 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. If this agreement is in a total amount exceeding $100,000.00, by signing this agreement, the City certifies that neither it nor its principals is presently debarred, suspended, proposed for debazment, declared ineligible, or voluntarily excluded from participation in this agreement by any Federal department or agency. This certification is a material representation of fact upon which the Council relies in entering this agreement. If it is later determined that the City knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Govemment, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The City shall provide to the Council immediate written notice if at any time the City learns that its certification was erroneous when submitted or has become enoneous by reason of changed circumstances. The City further certifies that it will comply with the requirements of 49 C.F.R. section 29.510 and obtain the required certifications before entering into any subcontracts over $100,Q00 using funds provided through this agreement, and submit copies of the subcontractors' certifications to the Council. 8.11 Certification of Restrictions on Lobbying; Disclosure. If this agreement is in a total amount exceeding $100,000, the City certifies that no federal appropriated funds have been paid or will be paid by or on behalf of the City for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awazding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. A certification of this compliance is attached to and made a part of this agreement as E�ibit E. The City further certifies that, if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee, of Congress, or an employee of a member of Congress in connection with the projects funded by the furids allocated to the City in this agreement, the City shall complete and submit to the Conncil, Standard Form-LLL, "Disclosure Form to Report L in ," in accordance with its instructions. -- � -- °I� - � d'1 The City certifies that it will require the language of this certification be included in the award documents for any subcontracts in excess of $100,000.00 under this agreement, and that all subcontractors shall certify and disclose accordingly to the City. The certifications referred to in this article and attached and made a part of this agreement aze material representations of fact upon which the Council relies when this agreement is made. IN WITNE5S WHEREOF, the parties have caused this agreement to be executed by their duly- authorized representatives. METROPOLITAN COUNCIL By James J. Solem, Regional Adminish�ator Date Approved as to form: By Its Director of Public Works Lynn M. 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O � I M l7 t�") M CJ M f7 M ly (+1 a � X W � m R a � rn M (`� 3/31/98 1:37 PM WORKSHEET °t&� -'3 0'1 Page1 1081 MC SiGN YES StPaul ,, ��Y a � ,� �. ; �� a z � r 1839 MG SIGN NONE TOTAL RECORDS = ,z��2��f 2920 check sum with total records 1.00 accuracy factor MC SIGN YES U-post O-pipe L'sgEst- Pav,ier-_�igna! S[� S�L3ffsser �?� FRONT ��,'� 0- Q 371 (2 1120 % factors = 0.50 0.17 U,3� ecarr�T�r�d 1.07 ��;� � BACK `" BOTH =' OTHER 1081 TOTAL PLUS "BOTH" 2 = RETROFITS 1Q&3 1839 MC SIGN NONE AVAILABLE STRUCTURES YES, CITY FRONT NO PRKG 250 1589 (x % light power signal other) €f.�3 526 TOTAL NEW SIGNS ON EXISTING STRUCTURES 776 NO AVAILABLE STRUCTURES 1589 (x % U`s x% concrete) 0.50 025 (CONCRETE) U-POSTS 199 1589 (x % U's x% non-concrete) 0.50 0.75 (NON-CONCRETE) U-POSTS 590 1589 (x % O's x% concrete) 0.17 0.25 (CONCRETE) O-PIPES 69 1589 (x °lo O's x% non-concrete) 0.17 0.75 (NON-CONCRETE) O-PIPES 205 1.00 calculations for "NO AVAILABLE STRUCTURES" NO, CITY FRONT NO PRKG % factors = BUS STOP SURFACE concrete 0.25 bituminous „„, gravel sodded � unimproved other non-concrete 1189 0.75 1589 1.00 "calculations" accuracy range of: 0 1589 1589 TOTAL MC SIGNS 2922 minus "BOTH", above 2) TOTALSTOPS 2920 Interagency Agreement, Capital EXHIBIT B 9k-�o� Interagency Agreement, Capital EXHIBIT C 3/31/98 tsa PM PROPOSAL Page1 qf�' '3n� 3/31/98 1:54 PM Cost Tabulation Sheet City enter actual quantities. Page 1 Interagency Agreement, Capital EXHIBIT D 98' - 30� f8►�'11:3Y1�� Lobbying Restriction Certification I , (Printed name and title of authorized ofFcial) hereby certify on behalf of the City of St. Paul that: a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an ofFicer or employee of Congress, or an employee of a Member of Congress in connection with the awazding of any Federally funded contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the ea�tension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b) If any funds other than Federa] appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federally funded contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standud Form-LLL, "Disclosure Form to Report I,obbying," in accordance with its instructions. c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all fiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaetion imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Bxecuted this day of , 19 � (Signature of Authorized O�cial) (Title of Authorized O�cial) Attest: B-1 CounCil File # 16 � �� Green Sheet # �OV�G ORIGiNA Presented By Referred To Committee: Date 1 WHEREAS, the City of Saint Paul and the Metropolitan Council desire to jointly and cooperatively provide for the 2 installation, replacement, and maintenance of bus stop signage to serve the needs of residents and visitors who use g transit; and � WHEREAS, the Metropolitan Council is authorized by Minnesota Statues section 473.405 to construct, equip, and 6 operate transit and paratransit systems in the City of Saint Paul; and 7 WHEREAS, the Metropolitan Councii has begun Capital Improvement Project Number 3291, for providing new bus $ stop signs at all its bus stops, and route number and destination holders at selected bus stops; and 9 1 � WHEREAS, new and existing bus stop signs and reiated signs require ongoing maintenance and replacement, and � 1 Metropolitan Council route changes may necessitate moving the location of bus stops and bus zones; and 12 WHEREAS, the City of Saint Paul possesses the authority, skiil, and expertise to install, remove, maintain, and 13 retrofit traffic signs and sign mounting structures within the City of Saint Paui; and 14 15 WHEREAS, The Metropolitan Council has agreed to compensate the City of St. Paul for ail work to be performed 16 under this Joint Powers Agreement; now 1 � BE IT RESOLVED, that the City of Saint Paul , by and through its Director of the Department of Public Works, is 18 authorized to enter into such a mutually beneficial Joint Powers Agreement. 19 Requested by Department of: Public Works By: � �� fr Form Approved by City��ney Adopted by Council: Date Nt� RESOLUTION CITY OF SAINT PAUL, MINNESOTA /3 Certified by Council Secretary �� By: By: k�y Mayor to Council Approved by By: t By: TOTAL # OF SIGNATURE PAGES � DATEINITIATED IGREEN SHEET !/1 INIT �l$ - 30''] Na 60682 � ,yJ INIl1AllDATE _ � DEPARTMEM DIRECTOR .�—".�/y — � CITY COUNCIL nss�cw � � � Pop CITY AiTORNEY � CITY CLERK ROUi1NG � FlNANqALSERVIGES DIR. ❑ FIN. SERVICE£ ORDER � MAVOR (OA ASSISTANn � DIVI40N MA � ID WARN � DIQCRUPERT {CLIP ALL IOCATIQNS FOR SIGNATURE) ACIION REQUESTED Approve the Joint Powers Agreement between the Metropolitan Council and the City of Saint Paul for installarion, replacement and maintenance of bus stop signage. DEPARTMEM/OFFlCFJCOUNCIL Public Works - Traffic Tom Stadsklev 266-6217 NUST BE ON CqUNqL AGENDA BY (DATEJ RECOMMENDATIONS: Approve (A) or Reject (R) A A PLANNING COMMISSION CIB COMMiTTEE CIVIL SERVICE COMMISSION SYaff Metropolitan Council PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has this personlfirm ever worked under a contract for this department? YES NO 2. Has this persoNfirm ever been a city employee? YES NO 3. Does this personffirm possess a skili not normally possessed by any current city employee? YES NO Explain all yes answers on separate sheet and attach to green sheet 1N1T1ATlNG PROBI,EM, lS$UE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHY). The City currently installs and maintains bus stop signage. The Metropolitan Council has agreed to pay the City of Saint Paul to install and maintain new bus stop signs. y � � }. . CQ�!iid0� iEGJVQfv£y'4.s�.CiI::G1 k � �� : � `�'� 1�� ADVANTAGESIFAPPROVED: Metropolitan Council will pay the City of Saint Paul to install/maintain bus stop signage. �� y « E ,1 �. ;, y � ��_�� DISA�VANTAGES IF APPROVED: None � � �AYO�'S flFF4C� � ��,�'-'v� ��'- "�Ze,,.�4�' E,. 4 "� ;� ° "° � " <�e �,: �: u'�z � "s �ti� �ni: �. .. �.._ .. DISADVANTAGES IF NOT APPROVED: City will continue to receive no compensarion for installarion, replacement and maintenance for bus stop signage. ` TOTALAMOUNTOF7RANSACTION$ . COST/REVENUEBUDGETED(CIRCLEONE) YE NO FUNDING SOURCE ACINT' NUMBER �� _ q � / � � FlNANCIAL INFORMAT70N; (EXPLAIN) 9&' - 3e� Council Contract No. 98-015-1 JOINT POWERS AGREEMENT BETWEEN THE METROPOLTTAN COUNCIL AND THE CITY OF ST PAUL FOR INSTALLATION, REPLACEMENT, AND MAINTENANCE OF BUS STOP SIGNAGE THIS AGREEMEI\T is made this day of , 19____, beriveen the Metropolitan Council ("the Council"), a Minnesota political subdivision, and the City of St. Paul ("the City"), a Minnesota municipal corporation. WHEREA5, the Council is authorized by Minnesota Statutes section 473.405 to consiruct, equip, and operate transit and paratransit systems in the seven-county metropolitan area; and WfIEREA5, the Council has begun Capital Improvement Project Number 3291, for providing new bus stop signs at all its bus stops, and route number and destination holders at selected bus stops; and WHEREAS, new and existing bus stop signs and related signs require ongoing maintenance and replacement, and Councit route changes may necessitate moving the location of bus stops and bus zones; and WHEREAS, the City possesses the authority, skill, and expertise to install, remove, maintain, and retrofit traffic signs and sign-mounting structures within its jurisdiction; and WHEREAS, the Council and the City desire jointly and cooperatively to provide for installation, replacement, and maintenance of signage, pursuant to Minnesota Statutes section 471.59, to serve the needs of residents and visitors who use transit. NOW, TFI�REFORE, in consideration of the mutual promises contained in this agreement, the parties agree as follows: I. DEFINITIONS 1.01 Circle-T Signs. "Cirole-T Signs" means the old bus stop signs removed by the City, beazing the logo of a white "T" within a white circle on a red background. 1.02 Holders. "Holders" mean units for displaying route number, destination and other transit service information at bus stops. 1.03 Holder Components. "Holder Components" means the holder units; mounting screws, nuts, washers, and bearing plates; and tamperproof clamps and screws with necessary keying tools. 1.04 Sign Components. "Sign Components" means the new bus stop signs and nylon washers. -- 1 -,. q5�-�o� II. LOCATION OF BUS STOPS 2.01 Council Selection. The Council is responsible for selecting locations for bus stops and bus stop signage, and for providing the criteria for placement of bus stop signage. The Council will notify the City of the locations selected by the Council for bus stops and bus stop signage. If the City has concems regazding a proposed location, the City will notify the Council in writing within ninety (90) days of the City's receipt of Council notice of the proposed location. The Council will consider the City's input in making the final determination whether to implement the proposed location. If posting of a No Pazking Zone is required, the Council will notify all affected property owners and appropriate District Council(s) and receive approval prior to requesting the City to install required signage. 2.02 Access for People with Disabiliries. The City and the Council will coordinate and consult regazding development of a plan for providing access to new bus stops in accordance with the applicable provisions of the Americans with Disabilities Act of 1990 and the regulations implementing the Act at 49 C.F.R. part 37, Appendix A, section 10.2. III. INSTALLATION OF NEW BUS STOP SIGNS; CAPITAL IMPROVEMENT PROJECT 3.01 Location Lists. With this agreement, the Council shall provide to the City a preliminary bus stops list designating locations at which bus stop signage is required and designating the locations at which Holders will be installed. Prior to commencement of the work, the Council will provide to the City a detailed, updated bus stop sign inventory as needed, with specific information on the signage required at each bus stop location. The inventory is attached to this agreement as E�ibit A.. 3.02 Delivery of Bus Stop Signs and Holders. The Council will furnish to the City Sign Components, consisting of bus stop signs and nylon washers for protecting the reflective front face of the bus stop signs, to be used by the City for insYaliation of the signs. The Council will furnish to the City Holder Components, consisting of complete holder units and mounting screws, nuts, washers, and beazing plates; and tamperproof clamps for pipe installations and tamperproof screws for channel installations, including necessary keying tools. The Council will provide the City with a schedule for delivery of Sign and Holder Components. The Council will deliver Sign and Holder Components in substantial cartons with each sign and Holder protected to minimize the possibility of damage. The City shall notify the Council of signs or Holders found to be defective within a reasonable time after receipt of a delivery, The Council shall replace quantities of defective Sign or Holder Components to the extent permitted by its reserve supply. The City shall not install defective Sign or Holder Components. 3.03 Storage and Handling of Bus Stop Signs and Holders. The City shall inventory the Sign and Holder Components received and maintain the inventory showing Components installed and in storage. The City shall use due care in handling the Components and shall store the Components in a secure and dry location, stacking them on pallets or using other storage means that provide for air circulation between the floor surface and the cartons. The Ciry shall not store the signs or Holders stacked flat. The City is responsible for loss of or damage to the Sign and Holder Components while in the City's storage. The City shail not install damaged Sign or Holder Components. 3.04 Installation. The City shall be responsible for all work related to installing bus stop signs and Holders at locations in the CiTy as designated by the Council in the bus stops list or bus stop sign inventory. This includes removal, recycling or disposing of materials, and repairs where necessary. The City shall provide all equipment, tools, and suppiies necessary for installation, other than the Sign and Holder Components provided by the Council. The City shall be responsible for placement of the -- Z -- qdf-�c� signs at the bus stops in a manner in compliance with the sign placement criteria furnished to the City by the Council. Alt hardware and other materials furnished and installed by the City shall be corrosion resistant, for exterior use, and of a quality at least equal to those used by the City for similaz work. All hazdware and other materials fumished and installed by the City shall be new and free from defects upon completion of the work. The City shall use the nylon protective washers fumished by the Council under the CiTy's own metal washers used in mounting the bus stop signs. The City shall install the protective nylon washers directly against the reflective sheeting of the front face of the bus stop signs. The City shall be responsible for recycling e�sting Circle-T Signs removed under this agreement. 3.05 Holder Installation. In installing Holders, the City shall use either Council-furnished safety, tamper-proof hardwaze, or tamper-proof hardware selected by and acquired at the City's own expense. The City shall install Holders in a manner so as to masimize pedestrian safety and minimize vulnerability to vandalism. The City shall perform the installation of each Holder by (1) removing the top (or bottom) end cap and glass window, (2) mounting the Holder to the sign-mounting structure appro�mately 5 feet, 10 inches (74 inches) from grade to the top of the Holder, and (3) replacing the glass window and refastening the top (or bottom) end cap to the Holder body. The City shall mount the Holder as labeled: "INSTALL HOLDER THIS END UP" to help insure that the bottom end cap (with its pre-fitted neoprene setting blocks for receiving the glass window) is at the bottom of the installed Holder. The Council shall be responsible for the installation of its own informational inserts in the Holder. IV. COMPENSATION FOR CAPTTAL IMPROVEMENT PROJECT 4A1 Initial Worksheet and Proposal Sheet. The Council has prepazed an initial Worksheet and an initial Proposal Sheet for the City's work related to Capital Improvement Project Number 3291. The initial Worksheet and the initial Proposal Sheet are attached to and incorporated in this agreement as E�ibit B and Exhibit C, respectively. The initial Worksheet and the initial Proposal Sheet display initial database quantities, application factors, projected quantities, and proposed compensation for the work to be performed. 4.02 Payment. The Council shalt reimburse the City based on unit prices per task multiplied by quantities of tasks performed. 4.03 Compensation. The Council's estimate of reimbursement to the City is shown on the initial Proposal Sheet (Exhibit C). a. Quantities entered on E�ibit C are from March 1995 or a more current update of the Council's Allstops database. b. Unit costs entered on Exhibit C are the CounciPs estimate of fair and equitable compensation for the work to be performed. 4.04 Invoice Requirements, Progress payments and cumulative total compensation to the Ciry shall be in accordance with an approved Cost Tabulation Sheet in the format in E�ibit D attached to and incorporated in this agreement. The Cost Tabulation Sheet shall be completed by the City and submitted to the Council for payment as follows: a. Quantities entered on the Cost Tabulation Sheet shall be invoice quantities of actual work performed. -- 3 -- °i�s-��`1 b. Quantities entered on the Cost Tabulation Sheet shall not exceed quantities shown on Exhibit C unless so amended by prior written notification and mutual acceptance by authorized representatives of the Counci] and the City. c. Unit costs entered on the Cost Tabulation Sheet shall be identical to the unit costs shown on E�ibit C unless otherwise approved in writing by an authorized representative of the Council. d. Payment under this agreement is subject to the following requirements: (i) Billings shall be submitted not more frequently than once per month. However, the Council encourages the City to submiY one billing upon completion of the work or progress billings at regular semi-annual or quarterly intervals. (ii) Invoices must include the Council contract number. V. ROUTINE REPLACEMENT AND MATNTENANCE OF EXISTING BUS STOP SIGNAGE 5.01 Services. The City shall be responsible for installing, maintaining, relocating, and moving existing bus stop signs and new bus stop signs installed after the date of this agreement at bus stop locations designated by the Council. The Council shall provide the signs. The City shall supply the signposts, hazdwaze, and labor and equipment required for routine replacement and maintenance of bus stop signs. 5,02 Compensation. The Council will reimburse the City for the reasonable costs incurred in connection with routine maintenance and replacement of signs. The CiTy shall submit invoices to the Council not more frequently than once per month for the City's routine bus stop sign replacement and maintenance activities. Each invoice must contain the Council contract number and be supplemented by an accompanying and separate detailed description of the work involved; the labor and equipment used in the performance of the work; and the parts and materials furnished by the City. VI. TERM AND TERI�IITTATION OF AGREEMENT 6.01 Term. This agreement shall commence on the date of execution of this agreement and shall continue in force and effect until terminated in accordance with paragraph 6.02. 6.02 Termination of Agreement. Once the City has completed its responsibilities for Capital Improvement Project number 3291, or if the Council notifies the City that funds for Capital Improvement Project Number 3291 have been depleted or withdrawn, the portions of this agreement providing for the performance of and payment for work for Capital Improvement Project number 3291 shall terminate. This agreement may also be terminated by either party without cause upon sixty (60) days' written notice to the other parry. VII. ACCOUNTING, RECORD, AND AUDIT REQi3IItEMENTS 7.01 Separate Accounts. The City agrees to establish and maintain separate accounts for the work undertaken pursuant to article III and article V. The City will maintain accurate and complete records and accounts relating to the receipt and expenditure of any and atl funds paid by the Council under this agreement. The City must maintain adequate records to document all invoices submitted to � 9�'- 30� the Council. All accounts and records shall be kept and maintained for a period of at least five (5) years following the tertnination of this agreement. 7.02 Audit. As requ9red by Minnesota Statutes section 16B.06, the records, books, documents, and accounting procedures and practices of the City and of any subcontractor relating to work performed pursuant to this agreement shall be subject to audit and examination by Council and the Legislative Auditor and State Auditor. The CiTy shal] permit the Council or its designee to inspect and copy all accounts, records and business documents, including those of any subcontractor, at any time during regular business hours as necessary to audit this agreement. Within thirty (30) days after completion, the CiTy shall deliver to the Council a copy of any financial or operational audit of the work performed by the City done by the City or at its request or at the direction of any govetnmental agency or department. The Councit shall have the right in its discretion to monitor, examine, and investigate all elements of the work performed pursuant to this agreement. VIII. GENERAI. PROVISIONS 8.01 Amendments. The terms of this agreement may be changed by mutual agreement of the parties. Changes shall be effective only upon execution of written amendment(s) signed by authorized representatives of the Council and the City. 8A2 Corapliance with Law. In pecforming the work provided for in this agreement, the City agrees to comply with all applicable federal, state, and local laws. In particular, the City will be responsible for perfozming installation of bus stop signs and holders in compliance with the applicable provisions oE a. MINNESOTA MANUAL FOR UrTIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS, cunent edition and as amended. b. MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFTCATIONS FOR COI�ISTRUCTION, current edition and as amended. c. MINNESOTA STATUTES CHAPTER 216D regazding excavation, location of underground facilities, notification of Gopher State One Calling System and precautions to avoid damage. Specific provisions in this article inc(ude, in part, certain standard terms and conditions required by the Department of Transportation ("DOT"'), whether or not expressly set forth in the preceding provisions. All contractual provisions required by DOT to be passed to the City, as set forth in FTA Circular 42201D, dated April 15, 1996, are hereby incozporated by reference. Notwithstanding anything to the contrary in this agreement, all Federal Transit Administration ("FTA") mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this ageement. The City shall not perform any act, fail to perform any act, or refuse to comply with any Council requests which woutd cause the Council to be in violation of the FTA terms and conditions. However, no reference to DOT or FTA shall be construed to make DOT or FTA a party to this agreement. 8.03 Project Management Responsibility. The City shall be responsible to furnish or secure, administer, and manage all labor, material, equipment and support for the accomptishment of the work, except as expressly stipulated Yo be furnished by or as the responsibility of the CounciL Under the terms of this agreement, the City has and retains full control and supervision of the services and full control over the employment, direct compensation and discharge of all persons assisting in the performance of its services under this agreement. The City agrees to be solely responsible for all matters -- � -- 98'-30� relating to payment of employees, including compliance with social security, payroll taxes and withholdings, unemployment compensation, and all other regulations governing such matters. The City agrees that any and all of its employees and all other persons employed by it in the performance of any work or services required or provided unde� this agreement, shall not be considered employees of the Council and that any and all claims that may arise under the Worker's Compensation Act of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of the City's or any subcontractor's employees or other persons while so engaged on any of the work or services to be rendered shall not be the obligation or responsibility of the Council. 8.04 Contact Persons. Upon entering this agreement, the Council and the City will each notify the other of the name(s) and telephone number(s) of contact persons for their respective duties under this agreement. The Council and the City shall each notify the other as soon as possible of any changes in the contact persons. If there aze no changes in contact persons, by January 1 of each yeaz this agreement is in effect, the City and the Council will confirm to the other that the information regarding the identified contact person remains valid. 8.05 Liability. Each parry agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The CiTy's and the CounciPs liability shall be govemed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes chapter 466, and other applicable law. 8.06 No Waiver. Nothing in this agreement shall be interpreted as a waiver or release of either the CounciPs or the City's authority under Minnesota Statutes section 473.411, subdivision 5, pertaining to Council use of highways and other public roadways and roadway appurtenances. The Council reserves its rights to have Council staff or contractors install temporary or permanent signs where necessitated by route changes or weather detours, or as required to conduct its public transit and pazatransit operations. 8.07 Equal Employment Opportunity; Non-Discrimination. In conjunction with the execution of its obligations, the City agrees that it and any subcontractors shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, natural origin, sex, sexual orientation, marital status, status with regard to public assistance, disability, age, membership or activity in a local civil rights commission, or political affiliation, and shatl take afFirmative actions to ensure applicants are employed and employees aze treated during employment without regazd to race, color, creed, religion, national origin, sex, sexual orientation, mazital status, status with regard to public assistance, disability, age, membership or activity in a locat civil rights commission, or political affiliation, in all matters, including employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff, return from layoff or termination; rates of pay or other forms of compensation; and selection for training or apprenticeship. The City agrees that it will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and all requirements imposed by the [I.S. Department of Transportation, to the end that, in accordance with Title VI of the Act, no person in the United Staxes shall, on the ground of race, wlor, sex or national origin, be excluded from padicipation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity funded by this agreement. The City further agrees that it, and any subcontractors under this agreement, shail not discriminate against any qualified disabled person who is an employee or applicant for employment and shall take affirmative action to ensure that such qualified individuals are treated without regard to their disability in regard to job application pcocedures; hiring, advancement or discharge of employees; compensation; job � 96'- � o� training; and other terms, conditions, and privileges of employment, pursuant to the Americans with Disabilities Act. In addition, the City agrees to abide by the requirements of 49 C.F.R. Part 23, regarding minority (disadvantaged) business enterprises in DOT programs. Failure to catty out the requirements set forth in 49 C.F.R. section 23.43(a) shall constitute a breach of this agreement and, after the notification of the DOT, may result in termination of this agreement by the Council or such remedy as the Council deems appropriate. 8.08 Permits, Bonds, and Approvals. The City is responsible for obtaining a11 applicable local and state licenses, permits, bonds, and authorizations necessary for performing the work in this agreement. 8.09 Federal Requirements. The City acknowledges that this agreement is subject to FTA requirements for third party procurement. The City acknowledges that, if the City subcontracts the work provided for in this agreement, the City will conduct any subcontractor solicitation and require performance of subcontracted portions of this agreement in compliance with applicable FTA requirements, including requirements of the Davis-Bacon Act, the Seismic Safety requirements of 42 U.S.C. §7701, the Contract Work Hours and Safety Standards Act, and the Copeland Anti-Kickback Act. The City shall seek assistance from the Council in determining the applicabiliTy of these Federal requirements for any subcontracted work to be done under this agreement. 8.10 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. If this agreement is in a total amount exceeding $100,000.00, by signing this agreement, the City certifies that neither it nor its principals is presently debarred, suspended, proposed for debazment, declared ineligible, or voluntarily excluded from participation in this agreement by any Federal department or agency. This certification is a material representation of fact upon which the Council relies in entering this agreement. If it is later determined that the City knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Govemment, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The City shall provide to the Council immediate written notice if at any time the City learns that its certification was erroneous when submitted or has become enoneous by reason of changed circumstances. The City further certifies that it will comply with the requirements of 49 C.F.R. section 29.510 and obtain the required certifications before entering into any subcontracts over $100,Q00 using funds provided through this agreement, and submit copies of the subcontractors' certifications to the Council. 8.11 Certification of Restrictions on Lobbying; Disclosure. If this agreement is in a total amount exceeding $100,000, the City certifies that no federal appropriated funds have been paid or will be paid by or on behalf of the City for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awazding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. A certification of this compliance is attached to and made a part of this agreement as E�ibit E. The City further certifies that, if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee, of Congress, or an employee of a member of Congress in connection with the projects funded by the furids allocated to the City in this agreement, the City shall complete and submit to the Conncil, Standard Form-LLL, "Disclosure Form to Report L in ," in accordance with its instructions. -- � -- °I� - � d'1 The City certifies that it will require the language of this certification be included in the award documents for any subcontracts in excess of $100,000.00 under this agreement, and that all subcontractors shall certify and disclose accordingly to the City. The certifications referred to in this article and attached and made a part of this agreement aze material representations of fact upon which the Council relies when this agreement is made. IN WITNE5S WHEREOF, the parties have caused this agreement to be executed by their duly- authorized representatives. METROPOLITAN COUNCIL By James J. Solem, Regional Adminish�ator Date Approved as to form: By Its Director of Public Works Lynn M. Belgea Associate General Counsel Date Its Citv Attomev / By � v �,�., ,,q�sDenarhnentof inance /1�� u Date - Date ��'t"vtQ 9 8 - 30� Corner Diagram for Bus Sto�s 13= Across from/Northbound 14= Across from/Eastbound � 15= Across fromlSouthbound 16= Across fromiWestbound 8 1 1=FarSidelNorthbound N N 2= NearSideNVestbound 13 7 2 3= FarSide/Eastbound 4= NearSide/Northbound 5= FarSide/Southbound 15 6 3 6= NearSide/Eastbound 14 7= FarSide/Westbound 16 5 4 8= NearSide/Southbound n r � I 12 I � 10 � 11 N 9 9= MidBlock/Northbound 10= MidBlock/Eastbound 11= MidBiock/Southbound 12= MidBlock/Westbound Q�i � W ��/' G a � E--� � /\ � / � � eI W � d � V T � � E"'� � z � � � W � C K d' K d' fL � LL LL LL LL LL » m m m m z � C Q 4 ¢ ¢ ' O� � � � � � LL m a a ¢ ¢ a c v c c � � X � Q z> r>- z z r z z z Y> C Q d I 0 O � � O � O O❑ U U 7 3 v�i m v�i v�i � m y y� O O °16-- � o � � O w ui w w u� w� u� w w w w �❑ O � � O N O o p o � � y N N y N N �n y f� t� y Q Q Q Q Q�< K�< Q�4 Q Q W W W w W W U LL1 W W W w Z Z Z Z Z Z 6 2 Z Z 2 Z �r v a v a v � v a v co a C� � � � y � Cl m m �- m _ ~ O � Q a tq � N = a a � a U R a Gl a � � K � LL t�i R1 �N Z m Z m � � � v� � � a a a al W ¢ a = � d � U � y m a � Z x U z> r> r r z> r z�r r z z z z z z z z z� J U U U U U � Z Z � Z Z Z Z Z Z � O O � J O O O O J U U U U � U U N Z Z � 2 0 Z � O 0 0 � � O N O� O� N N y N 0 0 o a w o 0 0 0 0 0 �A y N N �(� 4J y y N y K K K d' y K �.' 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Q ��via��?�3j >>>>>>>>>> ¢ ¢ i--�F-r�--�r-r �- Q Q Q 6 6 Q Q Q Q 4 y I- F- tq tn fq N v1 tq tA tq tq W W W W W W W W W W��= 2=____ C7 O O td fn tA N (� �n f� (� y i Y r} y}}> Y� m m a a a a a a a�¢ a �� a o�� m m m m m m m m u r ~ i v c�'i� r c ai v oi �= i 3 3 3 3 3 3 3 3 3 ZZZZZZZZZZWZ�ZZZZZZ��< [") V' h f0 t� W O N CJ d' h lD h QI O� N h 6� m 1 N N N N N N N N N N N N N N N N N N N N N i %1 N OJ N In N oJ (O Ol OJ W � N F- y y � N N N � � tq � W v m O V } m m O J O�j Z��(7 ❑ �� C7 2(7 N Y W� a lA � N > > > > > > > u vri i- v�i ¢ a¢¢¢ a¢ x x ° w � � � � � � � tn N O U' W W W W W W W Q Q m a , Y Y Y Y Y Y Y } } } } } y } m m� o� s� rc rc rc � 3 3 =� u i r o, v i o i v i u i ��3�� N M< o b t0 1� O! O � I M l7 t�") M CJ M f7 M ly (+1 a � X W � m R a � rn M (`� 3/31/98 1:37 PM WORKSHEET °t&� -'3 0'1 Page1 1081 MC SiGN YES StPaul ,, ��Y a � ,� �. ; �� a z � r 1839 MG SIGN NONE TOTAL RECORDS = ,z��2��f 2920 check sum with total records 1.00 accuracy factor MC SIGN YES U-post O-pipe L'sgEst- Pav,ier-_�igna! S[� S�L3ffsser �?� FRONT ��,'� 0- Q 371 (2 1120 % factors = 0.50 0.17 U,3� ecarr�T�r�d 1.07 ��;� � BACK `" BOTH =' OTHER 1081 TOTAL PLUS "BOTH" 2 = RETROFITS 1Q&3 1839 MC SIGN NONE AVAILABLE STRUCTURES YES, CITY FRONT NO PRKG 250 1589 (x % light power signal other) €f.�3 526 TOTAL NEW SIGNS ON EXISTING STRUCTURES 776 NO AVAILABLE STRUCTURES 1589 (x % U`s x% concrete) 0.50 025 (CONCRETE) U-POSTS 199 1589 (x % U's x% non-concrete) 0.50 0.75 (NON-CONCRETE) U-POSTS 590 1589 (x % O's x% concrete) 0.17 0.25 (CONCRETE) O-PIPES 69 1589 (x °lo O's x% non-concrete) 0.17 0.75 (NON-CONCRETE) O-PIPES 205 1.00 calculations for "NO AVAILABLE STRUCTURES" NO, CITY FRONT NO PRKG % factors = BUS STOP SURFACE concrete 0.25 bituminous „„, gravel sodded � unimproved other non-concrete 1189 0.75 1589 1.00 "calculations" accuracy range of: 0 1589 1589 TOTAL MC SIGNS 2922 minus "BOTH", above 2) TOTALSTOPS 2920 Interagency Agreement, Capital EXHIBIT B 9k-�o� Interagency Agreement, Capital EXHIBIT C 3/31/98 tsa PM PROPOSAL Page1 qf�' '3n� 3/31/98 1:54 PM Cost Tabulation Sheet City enter actual quantities. Page 1 Interagency Agreement, Capital EXHIBIT D 98' - 30� f8►�'11:3Y1�� Lobbying Restriction Certification I , (Printed name and title of authorized ofFcial) hereby certify on behalf of the City of St. Paul that: a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an ofFicer or employee of Congress, or an employee of a Member of Congress in connection with the awazding of any Federally funded contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the ea�tension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b) If any funds other than Federa] appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federally funded contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standud Form-LLL, "Disclosure Form to Report I,obbying," in accordance with its instructions. c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all fiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaetion imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Bxecuted this day of , 19 � (Signature of Authorized O�cial) (Title of Authorized O�cial) Attest: B-1 CounCil File # 16 � �� Green Sheet # �OV�G ORIGiNA Presented By Referred To Committee: Date 1 WHEREAS, the City of Saint Paul and the Metropolitan Council desire to jointly and cooperatively provide for the 2 installation, replacement, and maintenance of bus stop signage to serve the needs of residents and visitors who use g transit; and � WHEREAS, the Metropolitan Council is authorized by Minnesota Statues section 473.405 to construct, equip, and 6 operate transit and paratransit systems in the City of Saint Paul; and 7 WHEREAS, the Metropolitan Councii has begun Capital Improvement Project Number 3291, for providing new bus $ stop signs at all its bus stops, and route number and destination holders at selected bus stops; and 9 1 � WHEREAS, new and existing bus stop signs and reiated signs require ongoing maintenance and replacement, and � 1 Metropolitan Council route changes may necessitate moving the location of bus stops and bus zones; and 12 WHEREAS, the City of Saint Paul possesses the authority, skiil, and expertise to install, remove, maintain, and 13 retrofit traffic signs and sign mounting structures within the City of Saint Paui; and 14 15 WHEREAS, The Metropolitan Council has agreed to compensate the City of St. Paul for ail work to be performed 16 under this Joint Powers Agreement; now 1 � BE IT RESOLVED, that the City of Saint Paul , by and through its Director of the Department of Public Works, is 18 authorized to enter into such a mutually beneficial Joint Powers Agreement. 19 Requested by Department of: Public Works By: � �� fr Form Approved by City��ney Adopted by Council: Date Nt� RESOLUTION CITY OF SAINT PAUL, MINNESOTA /3 Certified by Council Secretary �� By: By: k�y Mayor to Council Approved by By: t By: TOTAL # OF SIGNATURE PAGES � DATEINITIATED IGREEN SHEET !/1 INIT �l$ - 30''] Na 60682 � ,yJ INIl1AllDATE _ � DEPARTMEM DIRECTOR .�—".�/y — � CITY COUNCIL nss�cw � � � Pop CITY AiTORNEY � CITY CLERK ROUi1NG � FlNANqALSERVIGES DIR. ❑ FIN. SERVICE£ ORDER � MAVOR (OA ASSISTANn � DIVI40N MA � ID WARN � DIQCRUPERT {CLIP ALL IOCATIQNS FOR SIGNATURE) ACIION REQUESTED Approve the Joint Powers Agreement between the Metropolitan Council and the City of Saint Paul for installarion, replacement and maintenance of bus stop signage. DEPARTMEM/OFFlCFJCOUNCIL Public Works - Traffic Tom Stadsklev 266-6217 NUST BE ON CqUNqL AGENDA BY (DATEJ RECOMMENDATIONS: Approve (A) or Reject (R) A A PLANNING COMMISSION CIB COMMiTTEE CIVIL SERVICE COMMISSION SYaff Metropolitan Council PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has this personlfirm ever worked under a contract for this department? YES NO 2. Has this persoNfirm ever been a city employee? YES NO 3. Does this personffirm possess a skili not normally possessed by any current city employee? YES NO Explain all yes answers on separate sheet and attach to green sheet 1N1T1ATlNG PROBI,EM, lS$UE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHY). The City currently installs and maintains bus stop signage. The Metropolitan Council has agreed to pay the City of Saint Paul to install and maintain new bus stop signs. y � � }. . CQ�!iid0� iEGJVQfv£y'4.s�.CiI::G1 k � �� : � `�'� 1�� ADVANTAGESIFAPPROVED: Metropolitan Council will pay the City of Saint Paul to install/maintain bus stop signage. �� y « E ,1 �. ;, y � ��_�� DISA�VANTAGES IF APPROVED: None � � �AYO�'S flFF4C� � ��,�'-'v� ��'- "�Ze,,.�4�' E,. 4 "� ;� ° "° � " <�e �,: �: u'�z � "s �ti� �ni: �. .. �.._ .. DISADVANTAGES IF NOT APPROVED: City will continue to receive no compensarion for installarion, replacement and maintenance for bus stop signage. ` TOTALAMOUNTOF7RANSACTION$ . COST/REVENUEBUDGETED(CIRCLEONE) YE NO FUNDING SOURCE ACINT' NUMBER �� _ q � / � � FlNANCIAL INFORMAT70N; (EXPLAIN) 9&' - 3e� Council Contract No. 98-015-1 JOINT POWERS AGREEMENT BETWEEN THE METROPOLTTAN COUNCIL AND THE CITY OF ST PAUL FOR INSTALLATION, REPLACEMENT, AND MAINTENANCE OF BUS STOP SIGNAGE THIS AGREEMEI\T is made this day of , 19____, beriveen the Metropolitan Council ("the Council"), a Minnesota political subdivision, and the City of St. Paul ("the City"), a Minnesota municipal corporation. WHEREA5, the Council is authorized by Minnesota Statutes section 473.405 to consiruct, equip, and operate transit and paratransit systems in the seven-county metropolitan area; and WfIEREA5, the Council has begun Capital Improvement Project Number 3291, for providing new bus stop signs at all its bus stops, and route number and destination holders at selected bus stops; and WHEREAS, new and existing bus stop signs and related signs require ongoing maintenance and replacement, and Councit route changes may necessitate moving the location of bus stops and bus zones; and WHEREAS, the City possesses the authority, skill, and expertise to install, remove, maintain, and retrofit traffic signs and sign-mounting structures within its jurisdiction; and WHEREAS, the Council and the City desire jointly and cooperatively to provide for installation, replacement, and maintenance of signage, pursuant to Minnesota Statutes section 471.59, to serve the needs of residents and visitors who use transit. NOW, TFI�REFORE, in consideration of the mutual promises contained in this agreement, the parties agree as follows: I. DEFINITIONS 1.01 Circle-T Signs. "Cirole-T Signs" means the old bus stop signs removed by the City, beazing the logo of a white "T" within a white circle on a red background. 1.02 Holders. "Holders" mean units for displaying route number, destination and other transit service information at bus stops. 1.03 Holder Components. "Holder Components" means the holder units; mounting screws, nuts, washers, and bearing plates; and tamperproof clamps and screws with necessary keying tools. 1.04 Sign Components. "Sign Components" means the new bus stop signs and nylon washers. -- 1 -,. q5�-�o� II. LOCATION OF BUS STOPS 2.01 Council Selection. The Council is responsible for selecting locations for bus stops and bus stop signage, and for providing the criteria for placement of bus stop signage. The Council will notify the City of the locations selected by the Council for bus stops and bus stop signage. If the City has concems regazding a proposed location, the City will notify the Council in writing within ninety (90) days of the City's receipt of Council notice of the proposed location. The Council will consider the City's input in making the final determination whether to implement the proposed location. If posting of a No Pazking Zone is required, the Council will notify all affected property owners and appropriate District Council(s) and receive approval prior to requesting the City to install required signage. 2.02 Access for People with Disabiliries. The City and the Council will coordinate and consult regazding development of a plan for providing access to new bus stops in accordance with the applicable provisions of the Americans with Disabilities Act of 1990 and the regulations implementing the Act at 49 C.F.R. part 37, Appendix A, section 10.2. III. INSTALLATION OF NEW BUS STOP SIGNS; CAPITAL IMPROVEMENT PROJECT 3.01 Location Lists. With this agreement, the Council shall provide to the City a preliminary bus stops list designating locations at which bus stop signage is required and designating the locations at which Holders will be installed. Prior to commencement of the work, the Council will provide to the City a detailed, updated bus stop sign inventory as needed, with specific information on the signage required at each bus stop location. The inventory is attached to this agreement as E�ibit A.. 3.02 Delivery of Bus Stop Signs and Holders. The Council will furnish to the City Sign Components, consisting of bus stop signs and nylon washers for protecting the reflective front face of the bus stop signs, to be used by the City for insYaliation of the signs. The Council will furnish to the City Holder Components, consisting of complete holder units and mounting screws, nuts, washers, and beazing plates; and tamperproof clamps for pipe installations and tamperproof screws for channel installations, including necessary keying tools. The Council will provide the City with a schedule for delivery of Sign and Holder Components. The Council will deliver Sign and Holder Components in substantial cartons with each sign and Holder protected to minimize the possibility of damage. The City shall notify the Council of signs or Holders found to be defective within a reasonable time after receipt of a delivery, The Council shall replace quantities of defective Sign or Holder Components to the extent permitted by its reserve supply. The City shall not install defective Sign or Holder Components. 3.03 Storage and Handling of Bus Stop Signs and Holders. The City shall inventory the Sign and Holder Components received and maintain the inventory showing Components installed and in storage. The City shall use due care in handling the Components and shall store the Components in a secure and dry location, stacking them on pallets or using other storage means that provide for air circulation between the floor surface and the cartons. The Ciry shall not store the signs or Holders stacked flat. The City is responsible for loss of or damage to the Sign and Holder Components while in the City's storage. The City shail not install damaged Sign or Holder Components. 3.04 Installation. The City shall be responsible for all work related to installing bus stop signs and Holders at locations in the CiTy as designated by the Council in the bus stops list or bus stop sign inventory. This includes removal, recycling or disposing of materials, and repairs where necessary. The City shall provide all equipment, tools, and suppiies necessary for installation, other than the Sign and Holder Components provided by the Council. The City shall be responsible for placement of the -- Z -- qdf-�c� signs at the bus stops in a manner in compliance with the sign placement criteria furnished to the City by the Council. Alt hardware and other materials furnished and installed by the City shall be corrosion resistant, for exterior use, and of a quality at least equal to those used by the City for similaz work. All hazdware and other materials fumished and installed by the City shall be new and free from defects upon completion of the work. The City shall use the nylon protective washers fumished by the Council under the CiTy's own metal washers used in mounting the bus stop signs. The City shall install the protective nylon washers directly against the reflective sheeting of the front face of the bus stop signs. The City shall be responsible for recycling e�sting Circle-T Signs removed under this agreement. 3.05 Holder Installation. In installing Holders, the City shall use either Council-furnished safety, tamper-proof hardwaze, or tamper-proof hardware selected by and acquired at the City's own expense. The City shall install Holders in a manner so as to masimize pedestrian safety and minimize vulnerability to vandalism. The City shall perform the installation of each Holder by (1) removing the top (or bottom) end cap and glass window, (2) mounting the Holder to the sign-mounting structure appro�mately 5 feet, 10 inches (74 inches) from grade to the top of the Holder, and (3) replacing the glass window and refastening the top (or bottom) end cap to the Holder body. The City shall mount the Holder as labeled: "INSTALL HOLDER THIS END UP" to help insure that the bottom end cap (with its pre-fitted neoprene setting blocks for receiving the glass window) is at the bottom of the installed Holder. The Council shall be responsible for the installation of its own informational inserts in the Holder. IV. COMPENSATION FOR CAPTTAL IMPROVEMENT PROJECT 4A1 Initial Worksheet and Proposal Sheet. The Council has prepazed an initial Worksheet and an initial Proposal Sheet for the City's work related to Capital Improvement Project Number 3291. The initial Worksheet and the initial Proposal Sheet are attached to and incorporated in this agreement as E�ibit B and Exhibit C, respectively. The initial Worksheet and the initial Proposal Sheet display initial database quantities, application factors, projected quantities, and proposed compensation for the work to be performed. 4.02 Payment. The Council shalt reimburse the City based on unit prices per task multiplied by quantities of tasks performed. 4.03 Compensation. The Council's estimate of reimbursement to the City is shown on the initial Proposal Sheet (Exhibit C). a. Quantities entered on E�ibit C are from March 1995 or a more current update of the Council's Allstops database. b. Unit costs entered on Exhibit C are the CounciPs estimate of fair and equitable compensation for the work to be performed. 4.04 Invoice Requirements, Progress payments and cumulative total compensation to the Ciry shall be in accordance with an approved Cost Tabulation Sheet in the format in E�ibit D attached to and incorporated in this agreement. The Cost Tabulation Sheet shall be completed by the City and submitted to the Council for payment as follows: a. Quantities entered on the Cost Tabulation Sheet shall be invoice quantities of actual work performed. -- 3 -- °i�s-��`1 b. Quantities entered on the Cost Tabulation Sheet shall not exceed quantities shown on Exhibit C unless so amended by prior written notification and mutual acceptance by authorized representatives of the Counci] and the City. c. Unit costs entered on the Cost Tabulation Sheet shall be identical to the unit costs shown on E�ibit C unless otherwise approved in writing by an authorized representative of the Council. d. Payment under this agreement is subject to the following requirements: (i) Billings shall be submitted not more frequently than once per month. However, the Council encourages the City to submiY one billing upon completion of the work or progress billings at regular semi-annual or quarterly intervals. (ii) Invoices must include the Council contract number. V. ROUTINE REPLACEMENT AND MATNTENANCE OF EXISTING BUS STOP SIGNAGE 5.01 Services. The City shall be responsible for installing, maintaining, relocating, and moving existing bus stop signs and new bus stop signs installed after the date of this agreement at bus stop locations designated by the Council. The Council shall provide the signs. The City shall supply the signposts, hazdwaze, and labor and equipment required for routine replacement and maintenance of bus stop signs. 5,02 Compensation. The Council will reimburse the City for the reasonable costs incurred in connection with routine maintenance and replacement of signs. The CiTy shall submit invoices to the Council not more frequently than once per month for the City's routine bus stop sign replacement and maintenance activities. Each invoice must contain the Council contract number and be supplemented by an accompanying and separate detailed description of the work involved; the labor and equipment used in the performance of the work; and the parts and materials furnished by the City. VI. TERM AND TERI�IITTATION OF AGREEMENT 6.01 Term. This agreement shall commence on the date of execution of this agreement and shall continue in force and effect until terminated in accordance with paragraph 6.02. 6.02 Termination of Agreement. Once the City has completed its responsibilities for Capital Improvement Project number 3291, or if the Council notifies the City that funds for Capital Improvement Project Number 3291 have been depleted or withdrawn, the portions of this agreement providing for the performance of and payment for work for Capital Improvement Project number 3291 shall terminate. This agreement may also be terminated by either party without cause upon sixty (60) days' written notice to the other parry. VII. ACCOUNTING, RECORD, AND AUDIT REQi3IItEMENTS 7.01 Separate Accounts. The City agrees to establish and maintain separate accounts for the work undertaken pursuant to article III and article V. The City will maintain accurate and complete records and accounts relating to the receipt and expenditure of any and atl funds paid by the Council under this agreement. The City must maintain adequate records to document all invoices submitted to � 9�'- 30� the Council. All accounts and records shall be kept and maintained for a period of at least five (5) years following the tertnination of this agreement. 7.02 Audit. As requ9red by Minnesota Statutes section 16B.06, the records, books, documents, and accounting procedures and practices of the City and of any subcontractor relating to work performed pursuant to this agreement shall be subject to audit and examination by Council and the Legislative Auditor and State Auditor. The CiTy shal] permit the Council or its designee to inspect and copy all accounts, records and business documents, including those of any subcontractor, at any time during regular business hours as necessary to audit this agreement. Within thirty (30) days after completion, the CiTy shall deliver to the Council a copy of any financial or operational audit of the work performed by the City done by the City or at its request or at the direction of any govetnmental agency or department. The Councit shall have the right in its discretion to monitor, examine, and investigate all elements of the work performed pursuant to this agreement. VIII. GENERAI. PROVISIONS 8.01 Amendments. The terms of this agreement may be changed by mutual agreement of the parties. Changes shall be effective only upon execution of written amendment(s) signed by authorized representatives of the Council and the City. 8A2 Corapliance with Law. In pecforming the work provided for in this agreement, the City agrees to comply with all applicable federal, state, and local laws. In particular, the City will be responsible for perfozming installation of bus stop signs and holders in compliance with the applicable provisions oE a. MINNESOTA MANUAL FOR UrTIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS, cunent edition and as amended. b. MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFTCATIONS FOR COI�ISTRUCTION, current edition and as amended. c. MINNESOTA STATUTES CHAPTER 216D regazding excavation, location of underground facilities, notification of Gopher State One Calling System and precautions to avoid damage. Specific provisions in this article inc(ude, in part, certain standard terms and conditions required by the Department of Transportation ("DOT"'), whether or not expressly set forth in the preceding provisions. All contractual provisions required by DOT to be passed to the City, as set forth in FTA Circular 42201D, dated April 15, 1996, are hereby incozporated by reference. Notwithstanding anything to the contrary in this agreement, all Federal Transit Administration ("FTA") mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this ageement. The City shall not perform any act, fail to perform any act, or refuse to comply with any Council requests which woutd cause the Council to be in violation of the FTA terms and conditions. However, no reference to DOT or FTA shall be construed to make DOT or FTA a party to this agreement. 8.03 Project Management Responsibility. The City shall be responsible to furnish or secure, administer, and manage all labor, material, equipment and support for the accomptishment of the work, except as expressly stipulated Yo be furnished by or as the responsibility of the CounciL Under the terms of this agreement, the City has and retains full control and supervision of the services and full control over the employment, direct compensation and discharge of all persons assisting in the performance of its services under this agreement. The City agrees to be solely responsible for all matters -- � -- 98'-30� relating to payment of employees, including compliance with social security, payroll taxes and withholdings, unemployment compensation, and all other regulations governing such matters. The City agrees that any and all of its employees and all other persons employed by it in the performance of any work or services required or provided unde� this agreement, shall not be considered employees of the Council and that any and all claims that may arise under the Worker's Compensation Act of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of the City's or any subcontractor's employees or other persons while so engaged on any of the work or services to be rendered shall not be the obligation or responsibility of the Council. 8.04 Contact Persons. Upon entering this agreement, the Council and the City will each notify the other of the name(s) and telephone number(s) of contact persons for their respective duties under this agreement. The Council and the City shall each notify the other as soon as possible of any changes in the contact persons. If there aze no changes in contact persons, by January 1 of each yeaz this agreement is in effect, the City and the Council will confirm to the other that the information regarding the identified contact person remains valid. 8.05 Liability. Each parry agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The CiTy's and the CounciPs liability shall be govemed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes chapter 466, and other applicable law. 8.06 No Waiver. Nothing in this agreement shall be interpreted as a waiver or release of either the CounciPs or the City's authority under Minnesota Statutes section 473.411, subdivision 5, pertaining to Council use of highways and other public roadways and roadway appurtenances. The Council reserves its rights to have Council staff or contractors install temporary or permanent signs where necessitated by route changes or weather detours, or as required to conduct its public transit and pazatransit operations. 8.07 Equal Employment Opportunity; Non-Discrimination. In conjunction with the execution of its obligations, the City agrees that it and any subcontractors shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, natural origin, sex, sexual orientation, marital status, status with regard to public assistance, disability, age, membership or activity in a local civil rights commission, or political affiliation, and shatl take afFirmative actions to ensure applicants are employed and employees aze treated during employment without regazd to race, color, creed, religion, national origin, sex, sexual orientation, mazital status, status with regard to public assistance, disability, age, membership or activity in a locat civil rights commission, or political affiliation, in all matters, including employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff, return from layoff or termination; rates of pay or other forms of compensation; and selection for training or apprenticeship. The City agrees that it will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and all requirements imposed by the [I.S. Department of Transportation, to the end that, in accordance with Title VI of the Act, no person in the United Staxes shall, on the ground of race, wlor, sex or national origin, be excluded from padicipation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity funded by this agreement. The City further agrees that it, and any subcontractors under this agreement, shail not discriminate against any qualified disabled person who is an employee or applicant for employment and shall take affirmative action to ensure that such qualified individuals are treated without regard to their disability in regard to job application pcocedures; hiring, advancement or discharge of employees; compensation; job � 96'- � o� training; and other terms, conditions, and privileges of employment, pursuant to the Americans with Disabilities Act. In addition, the City agrees to abide by the requirements of 49 C.F.R. Part 23, regarding minority (disadvantaged) business enterprises in DOT programs. Failure to catty out the requirements set forth in 49 C.F.R. section 23.43(a) shall constitute a breach of this agreement and, after the notification of the DOT, may result in termination of this agreement by the Council or such remedy as the Council deems appropriate. 8.08 Permits, Bonds, and Approvals. The City is responsible for obtaining a11 applicable local and state licenses, permits, bonds, and authorizations necessary for performing the work in this agreement. 8.09 Federal Requirements. The City acknowledges that this agreement is subject to FTA requirements for third party procurement. The City acknowledges that, if the City subcontracts the work provided for in this agreement, the City will conduct any subcontractor solicitation and require performance of subcontracted portions of this agreement in compliance with applicable FTA requirements, including requirements of the Davis-Bacon Act, the Seismic Safety requirements of 42 U.S.C. §7701, the Contract Work Hours and Safety Standards Act, and the Copeland Anti-Kickback Act. The City shall seek assistance from the Council in determining the applicabiliTy of these Federal requirements for any subcontracted work to be done under this agreement. 8.10 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. If this agreement is in a total amount exceeding $100,000.00, by signing this agreement, the City certifies that neither it nor its principals is presently debarred, suspended, proposed for debazment, declared ineligible, or voluntarily excluded from participation in this agreement by any Federal department or agency. This certification is a material representation of fact upon which the Council relies in entering this agreement. If it is later determined that the City knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Govemment, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The City shall provide to the Council immediate written notice if at any time the City learns that its certification was erroneous when submitted or has become enoneous by reason of changed circumstances. The City further certifies that it will comply with the requirements of 49 C.F.R. section 29.510 and obtain the required certifications before entering into any subcontracts over $100,Q00 using funds provided through this agreement, and submit copies of the subcontractors' certifications to the Council. 8.11 Certification of Restrictions on Lobbying; Disclosure. If this agreement is in a total amount exceeding $100,000, the City certifies that no federal appropriated funds have been paid or will be paid by or on behalf of the City for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awazding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. A certification of this compliance is attached to and made a part of this agreement as E�ibit E. The City further certifies that, if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee, of Congress, or an employee of a member of Congress in connection with the projects funded by the furids allocated to the City in this agreement, the City shall complete and submit to the Conncil, Standard Form-LLL, "Disclosure Form to Report L in ," in accordance with its instructions. -- � -- °I� - � d'1 The City certifies that it will require the language of this certification be included in the award documents for any subcontracts in excess of $100,000.00 under this agreement, and that all subcontractors shall certify and disclose accordingly to the City. The certifications referred to in this article and attached and made a part of this agreement aze material representations of fact upon which the Council relies when this agreement is made. IN WITNE5S WHEREOF, the parties have caused this agreement to be executed by their duly- authorized representatives. METROPOLITAN COUNCIL By James J. Solem, Regional Adminish�ator Date Approved as to form: By Its Director of Public Works Lynn M. 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O � I M l7 t�") M CJ M f7 M ly (+1 a � X W � m R a � rn M (`� 3/31/98 1:37 PM WORKSHEET °t&� -'3 0'1 Page1 1081 MC SiGN YES StPaul ,, ��Y a � ,� �. ; �� a z � r 1839 MG SIGN NONE TOTAL RECORDS = ,z��2��f 2920 check sum with total records 1.00 accuracy factor MC SIGN YES U-post O-pipe L'sgEst- Pav,ier-_�igna! S[� S�L3ffsser �?� FRONT ��,'� 0- Q 371 (2 1120 % factors = 0.50 0.17 U,3� ecarr�T�r�d 1.07 ��;� � BACK `" BOTH =' OTHER 1081 TOTAL PLUS "BOTH" 2 = RETROFITS 1Q&3 1839 MC SIGN NONE AVAILABLE STRUCTURES YES, CITY FRONT NO PRKG 250 1589 (x % light power signal other) €f.�3 526 TOTAL NEW SIGNS ON EXISTING STRUCTURES 776 NO AVAILABLE STRUCTURES 1589 (x % U`s x% concrete) 0.50 025 (CONCRETE) U-POSTS 199 1589 (x % U's x% non-concrete) 0.50 0.75 (NON-CONCRETE) U-POSTS 590 1589 (x % O's x% concrete) 0.17 0.25 (CONCRETE) O-PIPES 69 1589 (x °lo O's x% non-concrete) 0.17 0.75 (NON-CONCRETE) O-PIPES 205 1.00 calculations for "NO AVAILABLE STRUCTURES" NO, CITY FRONT NO PRKG % factors = BUS STOP SURFACE concrete 0.25 bituminous „„, gravel sodded � unimproved other non-concrete 1189 0.75 1589 1.00 "calculations" accuracy range of: 0 1589 1589 TOTAL MC SIGNS 2922 minus "BOTH", above 2) TOTALSTOPS 2920 Interagency Agreement, Capital EXHIBIT B 9k-�o� Interagency Agreement, Capital EXHIBIT C 3/31/98 tsa PM PROPOSAL Page1 qf�' '3n� 3/31/98 1:54 PM Cost Tabulation Sheet City enter actual quantities. Page 1 Interagency Agreement, Capital EXHIBIT D 98' - 30� f8►�'11:3Y1�� Lobbying Restriction Certification I , (Printed name and title of authorized ofFcial) hereby certify on behalf of the City of St. Paul that: a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an ofFicer or employee of Congress, or an employee of a Member of Congress in connection with the awazding of any Federally funded contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the ea�tension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b) If any funds other than Federa] appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federally funded contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standud Form-LLL, "Disclosure Form to Report I,obbying," in accordance with its instructions. c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all fiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaetion imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Bxecuted this day of , 19 � (Signature of Authorized O�cial) (Title of Authorized O�cial) Attest: B-1