HomeMy WebLinkAbout2010-12-01 PACKET 04.H.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA,
MEETING ITEM #
DATE 12/01/201
Public Works
Jennifer Levitt
STAFF AUTHOR
COUNCIL ACTION REQUEST.
Adopt resolutions approving MnDOT Agreement Nos. 97807 and 96778 for Belden Boulevard
railroad safety improvements.
STAFF RECOMMENDATION:
Recommend adopting resolutions approving MnDOT Agreement Nos. 97807 and 96778 for
Belden Boulevard railroad safety improvements.
ADVISORY COMMISSION ACTION:
F PLANNING
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES/RIGHTS
❑ ECONOMIC DEV. AUTHORITY
M
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DATE REVIEWED
APPROVED
DENIED
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MEMO/LETTER: Jennifer Levitt, November 22, 201
RESOLUTION:
ORDINANCE:
■ ENGINEERING RECOMMENDATION
LEGAL RECOMMENDATION:
OTHER: Agreements Nos. 97807 and 96778
LIP
-�/City A�&'Aistrator Da e'
COUNCIL ACTION TAKEN. / APPROVED ❑ DENIED ❑ OTHER
From: Jennifer M. Levitt, P.E., City Engineer
Date: November 22, 2010
Re: Belden Boulevard Railroad Crossing Improvements
Approve Agreements Nos. 97807 and 96778
The City has received $60,000 to construct concrete medians and a new road section at the
Belden Boulevard railroad crossing. These safety improvements are federal aid and are part
of the State Transportation Improvement Program for 2011. The enclosed agreements are
necessary to establish the MnDOT as the City's agent to accept federal aid associated with the
project. The agreements also allow the City to work within Canadian Pacific Railway's right-of-
way, which is necessary for the construction of the medians. The agreements also outline the
conditions and requirements the City must take during construction administration of the
project such as bidding requirements, contract award, quality assurance testing, and
payments. The agreements have been reviewed by the City Attorney. Staff's recommendation
is to approve the agreements, so the project may continue in design and review with
construction in 2011.
Afte*11YA M.- 701019MUMMe 31 154"A
BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of
Transportation be appointed as Agent of the City of Cottage Grove to accept as its agent,
federal aid funds which may be made available for eligible transportation related projects.
BE IT FURTHER RESOLVED, the Mayor Myron Bailey and the City Clerk Caron Stransky are
hereby authorized and directed for and on behalf of the City to execute and enter into an
agreement with the Commissioner of Transportation prescribing the terms and conditions of
said federal aid participation as set forth and contained in "Minnesota Department of
Transportation Agency Agreement No. 97807", a copy of which said agreement was before the
City Council and which is part hereof by reference.
STATE OF MINNESOTA
COUNTY OF WASHINGTON
I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution
presented to and adopted by the City of Cottage Grove at a duly authorized meeting thereof
held on the 1st day of December, 2010, as shown by the minutes of said meeting in my
possession.
Passed this 1st day of December, 2010.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
N :9101 IL11 9 101 4 1 1Z[ WII tea
BE IT RESOLVED, that the City of Cottage Grove enter into an agreement with the Soo Line
Railroad Company (d/b/a Canadian Pacific Railway) and the Commissioner of Transportation
to enhance grade crossing safety by constructing safety improvements to Belden Blvd. and
providing construction oversight (including letting the project) in Cottage Grove, Minnesota,
and appointing the Commissioner of Transportation agent for the City to supervise said project
and administer available Federal Funds in accordance with Minnesota Statute, Section 161.36
The City's share of the cost shall be zero (0) percent of the total project cost
BE IT FURTHER RESOLVED, the Mayor Myron Bailey and the City Clerk Caron Stransky are
hereby authorized to execute said agreement and any amendments thereto for and on behalf
of the City.
Dated this 1 st day of December, 2010
STATE OF MINNESOTA
)ss CERTIFICATION
CITY OF COTTAGE GROVE
I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution
presented to and adopted by the City Council of the City of Cottage Grove at a duly authorized
meeting thereof held in the City Hall at Cottage Grove, Minnesota, on the 1st day of
December, 2010, as disclosed by the records of said City Council in my possession.
Passed this 1st day of December, 2010.
Attest
sm,
AGREEMENT
96778
USDOTNO
391259B (F -08
DATED
S.P.
82-00141
MINN. PROJ.
HSR 8210(089)
FUNDS
Federal & City
Railroad Crossing medians & upgrade,
roadway -
Belden Blvd.(MUN 55), Cottage Grove,
Washington County, Minnesota
o Line Railroad Company (d/h/a Can
Pacific Railway)
THIS AGREEMENT, made and entered into by and between the CITY OF COTTAGE
GROVE, hereinafter called the "City"; the SOO LINE RAILROAD COMPANY (D/B/A/
CANADIAN PACIFIC RAILWAY), hereinafter called the "Company"; and the
COMMISSIONER OF TRANSPORTATION, STATE OF MINNESOTA, hereinafter called the
"State", WITNESSETH:
WHEREAS, the Federal Highway Administration, when acting in, cooperation with the
State of Minnesota, is authorized by Section t 04(d)(2)(E) of Title 23 of the United States Code
to make Federal Aid available for the purpose of eliminating hazards at railroad grade crossings
on the Minneapolis/St. Paul-Chicago segment of the Midwest High Speed Rail Corridor within
the State of Minnesota; and
WHEREAS, the State, pursuant to Minnesota Statute Section 161.36, is authorized to
cooperate with the United States Government in contracting for the construction, improvement
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proposed selection of warning devices for the railroad grade'crossing and has determined that the
AGREEMENT NO. 96778
proposed selection is appropriate for said crossing.: and
WHEREAS, the State, Soo Line Railroad Company (d/b/a Canadian Pacific Railway)
worked with the City (Cottage Grove) to develop a plan to improve safety along the Company's
track in Cottage Grove, Washington County, MN; and
WHEREAS, The City has agreed to sponsor a federal aid project, by constructing safety
improvements including medians to a roadway and providing construction oversight (including
letting the project) hereinafter referred to as the "Road Construction" and "Construction
Engineering"; and
WHEREAS, the Construction Engineering and Road Construction are eligible for the
expenditure of federal aid funds, and is identified in Mn/DOT records as State Projects 82-
00141, S.A.P. 180-080-01, and in Federal Highway Administration ("FHWA") records as
Minnesota Project HSR-8210(089).
NOW, THEN, IT IS AGREED:
Exhibit.. "A", the location print; and Exhibit "B", the detailed cost estimate, are attached
hereto and made a part of this agreement.
2.1. The city designates Mn/DOT to act as its agent to, accept and disburse federal funds
made available for the Project.
2.2 Estimated cost for this project are $45,000 for Load construction, $9, for
construction engineering and $5,000.00 for flagging services.
2.2.2. It is anticipated that 100% of the cost of the road construction will be paid from
federal funds made available by the FHWA and anticipated. not to exceed
$60,000.00.
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Delegated Contract Process Agreement Number 97807.
2.2.4.2. The direct labor charges for City employees for the time that said
employees are engaged in the work to be performed by the City pursuant to
this agreement. Costs to the City of "labor additives" consisting of holiday
pay, vacation, sick leave, retirement, pension, unemployment taxes,
compensation and liability insurance, lost time charges and similar costs
incidental to labor employment will be reimbursed only when supported by
adequate records.
2.2.4.3. The applicable equipment rental charges for City owned equipment used
by the City and mileage charges for employee owned vehicles used by the City
on the work to be performed pursuant to this agreement, at rates reflective of
the City's actual cost.
2.2.4.4. Expenditures for materials, supplies, mechanical data processing,and
equipment rental, limited to the actual expenditures for the purposes of this
agreement.
2.2.4.5. The cost incurred by the City to employ outside forces to perform any or
all of the work pursuant to this agreement is subject to the provisions of section
2.4. SUBLETTING.
2.2.5. Expenditures for general administration, supervision, maintenance and other
overhead or incidental expenses of the City are not eligible for federal participation.
2.2.6. Acceptability of costs under this agreement will be determined in accordance with
the cost principles and procedures set forth in the applicable Federal Acquisition
Regulations, Contract Cost Principals and Procedures, 48 Code of Federal.
Regulations (CFR) 31 which is incorporated by reference and made a part of this
agreement.
2.2.7. If the amount of the lowest responsible bid is in excess of the amount estimated
for this project, the City shall request approval from Mn/DOT prior to the award of
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work to be performed under any construction contract let for the Project. If City
elects to use a private consultant for engineering services, the City will provide a
qualified, full -time public employee of the City, to be in responsible charge of the
Project. The services of the City to be performed pursuant to this agreement may not
be assigned, sublet, or transferred unless the City is notified in writing by Mn/DOT
that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law.
This written consent will in no way relieve the City from its primary responsibility
for performance of the work.
2.3.2. During the progress of the work on the Project, the City authorizes its Project
Engineer to request in writing specific engineering and/or technical services from
Mn/DOT, pursuant to Minnesota Statutes Section 161.39. Such services may be
covered by other technical service and/or partnership agreements. If Mn/DOT
furnishes the services requested, and if Mn/DOT requests reimbursement, then the
City will promptly pay Mn/DOT to reimburse the stag trunk highway fund for the
full cost and expense of furnishing such services. * The costs and expenses will
include the current Mn/DOT labor additives and overhead rates, subject to
adjustment based on actual direct costs that have been verified by audit. Provision of
such services will not be deemed to make Mn/DOT a principal or co- principal with
respect to the Project.
2.3.3. The City will furnish the personnel, services, supplies, and equipment necessary
to properly supervise, inspect, and document the work for the Project.
2.4.1. The City will prepare _request for proposals in accordance with Minnesota law and
applicable Federal laws and regulations.
2.4.2. The City will solicit proposals for construction engineering services after
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2.4.4. The City will publish the proposal solicitation for the Project as required by state
11
AGREEMENT NO. 96778
and federal laws. The solicitation will state where the City will receive the sealed
bids.
2.4.5. The City may not include other work in the contract for the authorized Project
without obtaining prior notification from Mn/DOT that such work is allowed by
FHWA. Failure to obtain such notification may result in the loss of some or all of
the federal funds for the Project.
2.4.6. The City will prepare and distribute any addendums, if needed.
2.4.7. The City will receive, open, and evaluate proposals.
2.4.8. After the proposals are opened, the City will consider the proposals and will
award the contract as required by state and federal laws, or reject all proposals. If
the proposal contains a goal for Disadvantaged Business Enterprises, the City will
not award the contract until it has received certification of the Disadvantaged
Business Enterprise participation from the Mn/DOT Equal Employment
Opportunity Office.
2.4.9. This written consent will in no way relieve the City from its primary
responsibility for performance of the work. Subcontractor agreements must contain
all appropriate terms and conditions of this agreement.
2.5.1. The City will request approval from Mn/DOT for all costs in excess of the amount
of federal funds previously approved for the Project prior to incurring such costs.
Failure to obtain such approval may result in such costs being disallowed for
reimbursement.
2.5.2. The City will prepare reports, keep records, and perform work so as to enable
Mn/DOT to collect the federal aid sought by the City. The City will retain all
records and reports in accordance with Mn/DOT's record retention schedule for
completion - Project Engineer determine whether the
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2.6.2. The City may request partial payments not more than once each thirty (30) days.
The Project Engineer will certify the amount of each partial estimate.
2.6.3. The invoice and supplements thereto, will contain all details that may be
necessary for a proper audit. Such details will consist of at least the following:
2.6.3.1. A breakdown of labor by individual, classification, dates and hours
worked times the applicable rate to arrive at a total dollar amount for each
individual.
2.6.3.2. The labor additive may be applied to total labor dollars, not including
overtime labor dollars.
2.6.3.3. The equipment charges must be broken down by type of equipment times
the applicable rate and dates used to arrive at total equipment charges.
2.6.3.4. A detailed breakdown of outside services used and supporting invoices.
Documentation that costs of outside services has been paid.
2.6.3.5. , Detail for materials, supplies, and other items with the description, units,
and unit prices included in the invoice. If materials or supplies are purchased
from an outside source, a copy of that invoice should be included.
2.6.3.6. The invoices will include 100% of eligible charges applicable to the Road
Construction and Construction Engineering (paid by the FHWA).
2.6.4. Following certification, by the Project Engineer, of the final estimate, the City
may request reimbursement for costs eligible for federal funds. The City's request
will be made to Mn/DOT and will include a copy of the certified final estimate
along with the required records.
2.6.5. Reimbursement of costs under this agreement will be based on actual. costs, but
limited to eligible items.
.# •
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receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the
mandate for nondiscrimination in Title VI and through parallel legislation, the
prescribed bases of discrimination include race, color, sex, national origin, age, and
'disability. In addition, the Title VI program has been extended to cover all
programs, activities and services of an entity receiving Federal financial assistance,
whether such programs and activities are Federally assisted or not. Even in the
absence of prior discriminatory practice or usage, a recipient in administering a
program or activity to which this part applies, is expected to take affirmative action
to assure that no person is excluded from participation in, or is denied the benefits
of, the program or activity.on the grounds of race, color, national origin, sex, age, or
disability. It is the responsibility of the City to carry out the above requirements.
2.7.3. Workers' Compensation. Any and all employees of the City or other persons
while engaged in the performance of any work or services required or permitted by
the City under this agreement will not be considered employees of Mn/DOT, and
any and all claims that may arise under the Workers' Compensation Act of
Minnesota on behalf of said. employees, or other persons while so engaged, will in
no way be the obligation or responsibility of Mn/DOT. The City will require proof
of Workers' Compensation Insurance from any contractor and sub - contractor
2.8.1. The City will comply with the Single Audit Act of 1984 and Office of
Management and Budget (OMB) circular A -133 including amendments and
successors thereto, which are incorporated herein by reference.
2.8.2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books,
records, documents, and accounting procedures and practices of the City are subject
r - • I WHOM 1 • - -
Legislative Auditor or the State Auditor as appropriate, for a minimum of six years.
The City will be responsible for any costs associated with the performance of the
audit.
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identified under Mn/DOT Agreement 96778.
2.10. CLAIMS
2.10.1. The City will pay any and all lawful claims arising out of or incidental to the
performance of the Project work. The City acknowledges that Mn/DOT is acting
only as the City's agent for receipt and disbursement of federal funds and not as
principal or co-principal with respect to the Project. In all events, the City will
indemnify Mn/DOT and hold Mn/DOT harmless from any claims arising out of the
Project.
3. WORK BY STATE
3.1. ACCEPTANCE
3.1.1: Mn/DOT accepts designation as Agent of the City for the receipt and
disbursement of federal funds and will act in accordance herewith.
12. PROJECT ACTIVITIES
3.2.1. Mn/DOT will make the necessary requests to the FHWA for authorization to use
federal funds for the Construction Engineering and Road, Construction, and for
reimbursement of eligible costs pursuant to the terms of this agreement.
1.2.2. Mn/DOT will provide to the City copies of the required Federal-aid clauses to be
included in the proposal solicitation.
3.2.3. Mn/DOT will review and certify the DBE participation and notify the City when
certification is complete.
3.3.1. Mn/DOT will receive the federal funds to be paid by the FHWA for the Road
Construction and Construction Engineering, pursuant to Minnesota Statutes §
3.3.3. Upon completion of the Project, the City will prepare a final payment request in
accordance with the terms of this agreement. Mn/DOT will review and certify the
M
3.3.4. No more than 90% of the reimbursement due under this agreement will be paid
until completion of the final audit and approval by Mn/DOT's authorized
representative.
3.3.5. In the event Mn/DOT does not obtain funding from the FHWA or other funding
source, or funding cannot be continued at a sufficient level to allow for the
processing of the federal aid reimbursement requests, the City may continue the
work with local funds only, until such time as Mn/DOT is able to process the federal
aid reimbursement requests.
3.4.1. Mn/DOT may withhold federal funds, where Mn/DOT or the FHWA determines
that the Project was not completed in compliance with federal requirements.
3.5. INSPECTION
3.5.1. Mn/DOT, the FHWA, or duly authorized representatives of the state and federal
government will have the right to audit, evaluate and monitor the work performed
under this agreement. The City will make available all books, records, and
documents pertaining to the work hereunder, for a minimum of seven years
following the closing of the construction contract.
4.1.1. The Company will provide the flagging and protective services to be invoiced to
the City (reimbursed by FHWA).
5.1. Each authorized representative will have responsibility to administer this agreement
I
and to ensure that all payments due to the other party are paid pursuant to the terms of
this agreement.
5.1.1. The City's authorized representative is Jennifer Levitt, City Engineer, Cottage
Grove, Washington County, 8635 W. Point Douglas Road, Cottage Grov e, MN
5.1.2. Mn/DOT's authorized representative is Gene Dahlke, Project Manager,
Minnesota Department of Transportation, Office of Freight and Commercial
Vehicle Operations, Mail Stop 470, 395 John Ireland Blvd., St. Paul, MN, 55155,
11
phone 651- 366 -3656, or his successor.
5.1.3. The Company's authorized representative is Jim Krieger, Manager of Public
Works, Soo Line Railroad Company (d/b /a Canadian Pacific Railway), 501
Marquette Ave. S., Ste 1510, Minneapolis, MN 55402, phone 612- 904 -5994, or his
successor.
6. TORT LIABILITY
6.1. Each party is responsible for its own acts and omissions and the results thereof to the
extent authorized by law and will not be responsible for the acts and omissions of any
others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes
Section 3.736, governs Mn/DOT liability.
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7.1. Neither party will assign or transfer any rights or obligations under this agreement
without prior written approval of the other party.
8. AMENDMENTS
8.1. Any amendments /supplements to this Agreement must be in writing and be executed by
the same parties who executed the original agreement, or their successors in office.
9.1. This agreement is to be effective upon execution by the City, Company and by .
appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and will
remain in effect for three (3) years from the effective date or until all obligations set
forth in this agreement have been satisfactorily fulfilled, whichever occurs first.
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10.1. This agreement may be terminated by the City, Company or Mn/DOT at any time, with
In
AGREEMENT NO. 96778
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed.
CITY OF COTTAGE GROVE SOO LINE RAILROAD COMPANY
(DB /A/ CANADIAN PACIFIC RAILWAY)
By: By:
Title: Title:
mated:
$y;
Title:
Dated:
Dated:
By:
Title:
Dated:
STATE OF MINNESOTA
Recommended for Approval: Commissioner of Transportation
By: By:
Manager, Railroad Administration Section Director, Freight and Commercial Vehicle Operations
Dated: Dated:
STATE ENC .:TMBRANCE VERIFICATION
individual certifi; s that funds have been encumbered as required by Minn. Stat. § § 16A.15 and 16C.05
Signed: Dated: MAPS:
APPROVED:
Department of Administration
By:
Authorized Signature
DETAILED COST ESTIMATE
Roadway Construction $45,000.00
Construction Engineering $9,000.00
Flagging $5,000.00
Total Estimated Cost $59,000.00
State Project:
USDOT No:
File No:
Railroad:
Location:
City:
82-00141
391259B
96778
F-0820
CP RR
Belden Blvd.
Cottage Grove
--1
Mn/DOT Agreement No. 97807
STATE OF MINNESOTA AGENCY AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
AND
CITY OF COTTAGE GROVE
This agreement is entered into by and between the City of Cottage Grove ("City") and the
State of Minnesota acting through its Commissioner of Transportation ("Mn/DOT"),
Pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act as the City's
agent in accepting federal funds on the City's behalf for the construction, improvement, or
enhancement of transportation financed either in whole of in part by federal funds, hereinafter
referred to as the "Project(s)"; and
Mn/DOT requires that the terms and conditions of this agency be set forth in an agreement.
THE PARTIES AGREE AS FOLLOWS:
I. DUTIES OF THE CITY.
A. DESIGNATION. The City designates Mn/DOT to act as its agent in accepting
federal funds in its behalf made available for the Project(s).
Page 1
(Mn/DOT Agreement No. 97807)
Mn/DOT, pursuant to Minnesota Statutes Section 161.39. Such services maybe
covered by other technical service agreements. If Mn/DOT furnishes the services
requested, and if Mn/DOT requests reimbursement, then the City will promptly
pay Mn/DOT to reimburse the state trunk highway fund for the full cost and
expense of furnishing such services. The costs and expenses will include the
current Mn/DOT labor additives and overhead rates, subject to adjustment based
on actual direct costs that have been verified by audit. Provision of such services
will not be deemed to make Mn/DOT a principal or co- principal with respect to
the Project(s).
C. LETTING. The City will prepare construction contracts in accordance with
Minnesota law and applicable Federal laws and regulations.
1. The City will solicit bids 'after obtaining written notification from Mn/DOT that
the Federal Highway Administration ( "FHWA ") has authorized the Project(s).
Any Project(s) advertised prior to authorization will not be eligible for federal
reimbursement.
2. The City will prepare the Proposal for Highway Construction for the construction
contract, which will include all of the federal -aid provisions supplied by
Mn/DOT.
3. The City will prepare and publish the bid solicitation for the Project(s) as
required by state and federal laws. The City will include in the solicitation the
required language for federal -aid construction contracts as supplied by Mn/DOT.
The solicitation will state where the proposals, plans, and specifications are
available for the inspection of prospective bidders, and where the City will
receive the sealed bids.
4. The City may not include other work in the construction contract for the
authorized Project(s) without obtaining prior notification from Mn/DOT that such
work is allowed by FHWA. Failure to obtain such notification may result in the
loss of some or all of the federal funds for the Project(s).
5. The City will prepare and sell the plan and proposal packages and prepare and
distribute any addendums, if needed.
6. The City will receive and open bids.
(Mn/DOT Agreement No. 97807)
Page 2
1. The City will prepare and execute a construction contract with the lowest
responsible bidder, hereinafter referred to as the "Contractor," in accordance with
the special provisions and the latest edition of Mn/DOT's Standard Specifications
for Construction and all amendments thereto.
2. The Project(s) will be constructed in accordance with plans, special provisions,
and standard specifications of each Project. The standard specifications will be
the latest edition of Mn/DOT Standard Specifications for Highway Construction,
and all amendments thereto. The plans, special provisions, and standard
specifications will be on file at the City Engineer's Office. The plans, special
provisions, and specifications are incorporated into this agreement by reference
as though fully set forth herein.
3. The City will furnish the personnel, services, supplies, and equipment necessary
to properly supervise, inspect, and document the work for the Project(s). The
services of the City to be performed hereunder may not be assigned, sublet, or
transferred unless the City is notified in writing by Mn/DOT that such action is
permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written
consent will in no way relieve the City from its primary responsibility for
performance of the work.
4. The City will document quantities in accordance with the guidelines set forth in
the Mn/DOT Contract Administration Manual Sections 410 and 420 that were in
effect at the time the work was performed.
5. The City will test materials in accordance with the Mn/DOT Schedule of
Materials Control in effect at the time each Project was let. The City will notify
Mn/DOT when work is in progress on the Project(s) that requires observation by
the Independent Assurance Inspector as required by the Independent, Assurance
Schedule.
6. The City may make changes in the plans or the character of the work, as may be
necessary to complete the Project(s)' and may enter into supplemental
agreement(s) with the Contractor. The City will not be reimbursed for any costs
of any work performed under a supplemental agreement unless Mn/DOT has
notified the City that the subject work is eligible for federal funds and sufficient
federal funds are available.
7. The City will request approval from Mn/DOT for all costs in excess of the
amount of federal funds previously approved for the Project(s) prior to incurring
such costs. Failure to obtain such approval may result in such costs being
disallowed for reimbursement.
' - •- -• x - •• •- • • • A-
(Mn/DOT Agreement No. 97807)
Page 3
in the Mn/DOT State Aid Manual, Delegated Contract Process Checklist,
available from Mn/DOT's authorized representative. The City will retain all
records and reports in accordance with Mn/DOT's record retention schedule for
federal aid projects.
9. Upon completion of the Project(s), the Project Engineer will determine whether
the work will be accepted.
F1111159.1"WROM
1. The entire cost of the Project(s) is to be paid from federal funds made available
by the FHWA and by other funds provided by the City. The City will pay any
part of the cost or expense of the Project(s) that is not paid by federal funds.
2. The City will prepare partial estimates in accordance with the terms of the
construction contract for the Project(s). The Project Engineer will certify each
partial estimate. Following certification of the partial estimate, the City will make
partial payments to the Contractor in accordance with the terms of the
construction contract for the Project(s).
3. Following certification of the partial estimate, the City may request
reimbursement for costs eligible for federal funds. The City's request will be
made to Mn/DOT and will include a copy of the certified partial estimate.
4. Upon completion of the Project(s), the City will prepare a final estimate in
accordance with the terms of the construction contract for the Project(s). The
Project Engineer will certify the final estimate. Following certification of the final
estimate, the City will make the final payment to the Contractor in accordance
with the terms of the construction contract for the Project(s).
5. Following certification of the final estimate, the City may request reimbursement
for costs eligible for federal funds. The City's request will be made to Mn/DOT
and will include a copy of the certified final estimate along with- the required
records.
1. The City will comply with all applicable Federal, State, and local laws,
ordinances, and regulations.
(Mn/DOT Agreement No. 97807)
Page 4
and disability. In addition, the Title VI program has been extended to cover all
programs, activities and services of an entity receiving Federal financial
assistance, whether such programs and activities are Federally assisted or not.
Even in the absence of prior discriminatory practice or usage, a recipient in
administering a program or activity to which this part applies, is expected to take
affirmative action to assure that no person is excluded from participation in, or is
denied the benefits of, the program or activity on the grounds of race, color,
national origin, sex, age, or disability. It is the responsibility of the City to carry
out the above requirements.
3. Workers' Compensation. Any and all employees of the City or other persons
while engaged in the performance of any work or services required or permitted
by the City under this agreement will not be considered employees of Mn/DOT,
and any and all claims that may arise under the Workers' Compensation Act of
Minnesota on behalf of said employees, or other persons while so engaged, will
in no way be the obligation or responsibility of Mn/DOT. The City will require
proof of Workers' Compensation Insurance from any contractor and sub-
contractor.
4. Utilities. The City will treat all public, private or cooperatively owned utility
facilities which directly or indirectly serve the public and which occupy highway
rights of way in conformance with 23 CFR 645 "Utilities" which is incorporated
herein by reference.
G. AUDIT.
1. The City will comply with the Single Audit Act of 1984 and Office of
Management and Budget (OMB) circular A -133, which are incorporated herein
by reference.
2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books,
records, documents, and accounting procedures and practices of the City are
subject to examination by the United States Government, Mn/DOT, and either
the Legislative Auditor or the State Auditor as appropriate, for a minimum of
seven years. The City will be responsible for any costs associated with the
performance of the audit.
H. MAINTENANCE. The City assumes full responsibility for the operation and
maintenance of any facility constructed or improved under this Agreement.
(Mn/DOT Agreement loo. 97807.)
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General), and hold Mn/DOT harmless from any claims or costs arising out of or
incidental to the Project(s), including reasonable attorney fees incurred by Mn/DOT.
The City's indemnification obligation extends to any actions related to the
certification of DBE participation, even if such actions are recommended by Mn/DOT.
A. ACCEPTANCE. Mn/DOT accepts designation as Agent of the City for the receipt
and disbursement of federal funds and will act in accordance herewith.
B. PROJECT ACTIVITIES.
1. Mn/DOT will make the necessary requests to the FHWA for authorization to use
federal funds for the Project(s), and for reimbursement of eligible costs pursuant
to the terms of this agreement.
2. Mn/DOT will provide to the City copies of the required Federal-aid clauses to be
included in the bid solicitation and will provide the required Federal-aid
provisions to be included in the Proposal for Highway Construction.
3. Mn/DOT will review and certify the DBE participation and notify the City when
certification is complete. If certification of DBE participation (or good faith
efforts to achieve such participation) cannot be obtained, then City must decide
whether to proceed with awarding the contract. Failure to obtain such
certification will result in the project becoming ineligible for federal assistance,
and the City must make up any shortfall.
4. Mn/DOT will provide the required labor postings.
C. PAYMENTS.
1. Mn/DOT will receive the federal funds to be paid by the FHWA for the
Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2.
2. Mn/DOT will reimburse the City, from said federal funds made available to each
Project, for each partial payment request, subject to the availability and limits of
those funds.
3. Upon completion of the Project(s), Mn/DOT will perform a final inspection and
verify the federal and state eligibility of all the payment requests. If the Project is
found to have been completed in accordance with the plans and specifications,
Mn/DOT will promptly release any remaining federal funds due the City for the
Project(s).
4. In the event Mn/D• T does not obtain funding from the Minnesota Legislature or
other funding source, or funding cannot be continued at a sufficient level to allow
for the processing of the federal aid reimbursement requests, the City may
continue the work with local funds only, until such time as Mn/DOT is able to
(Mn/DOT Agreement No. 97807)
Page 6
process the federal aid reimbursement requests.
D. AUTHORITY. Mn/DOT may withhold federal funds, where Mn/DOT or the FHWA
determines that the Project(s) was not completed in compliance with federal
requirements.
E. INSPECTION. Mn/DOT, the FHWA, or duly authorized representatives of the state
and federal government will have the right to audit, evaluate and monitor the work
performed under this agreement. The City will make available all books, records, and
documents pertaining to the work hereunder, for a minimum of seven years following
the closing of the construction contract.
Ill. TORT LIABILITY. Each party is responsible for its own acts and omissions and the results
thereof to the extent authorized bylaw and will not be responsible for the acts and omissions
of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes
Section 3.736, governs Mn/DOT liability.
IV. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this
agreement without prior written approval of the other party.
V. AMENDMENTS. Any amendments/supplements to this Agreement will be in writing and
executed by the same parties who executed the original agreement, or their successors in
office.
VI. AGREEMENT EFFECTIVE DATE. This agreement is effective upon execution by the
appropriate State officials pursuant to Minnesota Statutes Section 160.05.
VII. CANCELLATION. This agreement may be canceled by the City or Mn/DOT at any time,
with or without cause, upon ninety (90) days written notice to the other party. Such
termination will not remove any unfulfilled financial obligations of the City as set forth in
this Agreement. In the event of such a cancellation the City will be entitled to reimbursement
for Mn/DOT-approved federally eligible expenses incurred for work satisfactorily performed
on the Project to the date of cancellation subject to the terms of this agreement.
VIII. DATA PRACTICES ACT. The parties will comply with the provisions of the Minnesota
Government Data Practices Act (Minnesota Statutes chapter 13) as it applies to all data
gathered, collected, created, or disseminated related to this Agreement.
(Mn/DOT Agreement No, 97807)
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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby.
1. CITY
City certifies that the appropriate person(s)
have executed the contract on behalf of the City as required
by applicable articles, bylaws, resolutions or ordinances
2. DEPARTMENT OF TRANSPORTATION
-0
By:
Title:
Date:
By:
Title:
Date:
Title: Director,
State Aid for Local Transportation
Date:
3. COMMISSIONER OF ADMINISTRATION
By:
Date:
(MD/DOT Agreement No. 97807�
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