HomeMy WebLinkAbout4G, Resolution 2010-076 Approving an Agency Agreement - Safe Routes to School�
-�i�EN�HILLS
Request for Council Action
..____._.____.._ _.------.___ _._ _.. _
Prepared By:
Michelle Olson, Parks and Recreatipn Manager Cour►cil Meeting Date: December 13, 201Q
Resolution 201�-076: Approving an Agency Agreement #'or the non-infrastructure porEiou
of the Safe Routes to School Grant
Bu�geted Amount: Actual Amount: Funding Source:
$1,OQ0 $ I,000 Park Fund, reimbursed by
Safe Routes to School Grani
Recommendatinn:
Motion to approve Resolution 2010-07G: Approving an Agency Agreement Authorizing the Delegated Contract
Process foz- Pederal Aid Projects.
Suppol'iin� Documents:
1. Memarandum dated December 13, 2010 from Michelle Olson, Parks and Recreation Manager
2. Resolution 201Q-076
3. Agency Agreement for non-infrastructure portion of Safe Routes to School Grant
�
�i�]EN HILLS
MEMORANDUM
DATE: December 13, 2Q10
TO: Honorable Mayor and City Council
Patrick Klaers, City Administrator
FRQM: Michelle Olson, Parks and Recreation Manager `�'n�
SUBJECT: Resolution 2010-076: Appraving an Agency Agreement for the non-
infrastruciure portion of the Sa% Routes to School Grant
Action R�quested
Motion to adopt Resolution 2010-076: Appraving an Agency Agraement Authorizing the
Delegated Contract Process for F�c�eral Aid Projects.
Back�round
City Staff is working on finalizing the Safe Routes to School Project. Mn/DOT natified the City
of an ov�rsight on their part regarding the non-infrastructure portion of the grant ($1,000
designated far educaiion and encouragernent support). A separate Agency Agreement needed to
be approved %r both the infrastructure and non-infrastructure portions of ihe grant. The City
approved an agreement for the infrasii-uciure po�ion of the grani in July o� 2008.
Therefore, Mn/DOT is asking the City to approve a sizniiar agreement for the non-infrastruciure
reimbursement.
Funds for the Non-Infrastructure portion of the Safe Routes to School Grant were utilized far
proixaotional items, prizes and equipment for two pragrarns a� Valentine Hills Elernentary:
1. Walk to School Day
2. Expazision of the "Wa1k Across Azxierica Program" that was already in place
at the schaoi.
City ofgrden Hrlls
City Councrl Meeting - December 13, 2010
IlMetro-inet.uslardenhillslPR&PW1ParkslMemoslCouncil Memos1I2i32010 - Resolution 2010-076- Approving Agency Agreement for
Noninfrastruchtre portion of SRT3 grant.doc
Recoinmendation
Staff recorr�nends a motion to adopt Resolution 2010-076: Approving an Agency Agreement
Authorizing the Delegated Contraci Process for Fed�ral Aid Projects.
City of�2rden Hills
City Council Meeting - December I3, 2010
Page 2 of 2
11Metro-inet.uslardenhillsl�'R&PWII'arkslMemoslCouncil Memos112132d i0 - Resolution ZO10-076- Approving Agency Agreement for
Noninfrastructure portion of SRTS grant.doc
�
EN HILLS
CITY OF ARDEN HILLS
COUNTY OF RAM�EY
STATE OF MTNNESOTA
RESOLUTION NO. 2010-076:
RESOLUTION APPROVING AN AGENCY AGREEMENT AUTHORIZING THE
DELEGATED CONTRACT PROCESS FOR FEDERAL AID PROJECTS
WHEREAS, the County Road E-2 Safe Routes to Schoal project will be funded in
part by Federal Funds through the Minnesota Depart�nent of Transportation; and
WHEREAS, the City of Arden Hills plans to provide education and encouragernent
support for its Sa�e Routes to School program; and
NOW THEREFORE, BE YT RESOLVED: That pursuant ta Minnesota Statutes
Section 1b1.36, the Commissioner of Transpor�ation be appainted as Agent of the City of
Arden Hills to accept as its agent, federal aid �unds which may be made available for eligible
transportation related projects; and
NOW THEREFORE, SE IT FURTHER RESOLVED: The Mayor and the City
Administrator are hereby authorized and directed �or and on behalf of the City to execute and
enter into an agreement wi�h the Commissaoner of Transportaiion prescribing the terms and
conditions of said federal aid participation as set forth and contained in "Minnesota
Departme�t of Transporta�ion Agreement No. 98Q3Q", a copy of which said agreement was
before the City Council and which is made a part hereof by reference.
ADOPTED SY THE CITY COUNCIL OF THE CITY OF ARDEN HYLLS
TH�S 13� DAY OF DECEMBER, 2014.
ATTEST:
Patrick Klaers, CITY ADMINISTRATOR
STATE OF MINNESOTA
COUNTY OF RAMSEY
Stanley D. Harpstead, MAYOR
llMetro-inet.us\ardenhillsYAdminSCouncillResolutions520 1 0124 1 0-07 6, Approving Agency Agreemenl Aulhorizing delegaled wntract process for federal aid projects.doc
MnIDOT Agreement No. 98030
STATE OF MiNNESOTA AGENCY AGR��MENT
BETWEEN
DEPARTMENT OF TRANSPORTATlON
A#VD
CITY OF ARDEN H1�LS
FOR �EDERAL PARTICIPATION �N PREL[MINARY ENGINEERING
�oR
S.P. 187-591-OQ2; M.P. SRTS 6�09{Ofi5)
T�is agreerr�ent is en#ered i�to by and b�hnreen City o#.Arden Hiffs ("City "j and ihe Sta:te
of Minnesota ac#ing fhrough its Commissioner o� Tra�tsportatian �"Mn1D�T"),
Purs�ant to �Ilin�e�o#a Siatutes Sectian 161.36, the City desires Mn/D07 to ac# as t�e
City's agent in acceptir�g federa! funds on #he City's behalf for #he constructian, improv�rnent, or
enf�ancem�n# af transportation finar�ced either in vvhale or in par# by federal funds, hereinafter
referred to as the "ProjecY'; and
The City is proposing a federal aid project to provide education and encouragemeni
support for its Safe Rovtes to Schon! Program, hereinafter referred to as the "Preliminary
Engineering;" and
The Prefimir�ary Engineering is eligif�le for the expendiiure of federal aid funds, and is
identi�ed in MnlD4T records as S#ate Project 987-591-002, and In Federai Highway
Administration ("�HWA") records as Minnesota Prvjec# SRTS 6109{p65}; and
MnIDOT requires tha# the terms and conciitiar�s ofi this agency be sei #orth in an
agreernent.
THE PARTEES AGREE AS FOLLOWS:
DUTIES OF THE CITY .
A. DESiGNATiON. The City d�sigr�ates MnlDOT to act as its agent in accepting
federaf funds �n its behaff made available far the Project.
B. ���GlB1tITY / COSTS. The estimated cost of the Preliminary Engi�eering is $1,Q00.
1_ it is anticipated that 100°10 (up to $ 1,000) of the cos# ot ti�e Preliminary
Engir�eering is to be �aid from federal funds rnade avaifable by the �HWA_ T�e
City wiH pay any par� o# t�e cost or expense of the work that the FHWA does not
pay.
2. Any casis inc�rred by t�e City priar to authorizaiion of ihe �ederal Funds, wiii not
be eligible for federal partici�ation.
3. Eligible cast and expense, i# aPproved, may cansist of the foflowing:
(Mn/DOT Agreement No. 9803Q}
Page 1
a} The cost of cor�ducting a kicicaff program to celebrate ihe comp[e#ion o# tt�e
trai# and to enco�rage sfucfents to waik to sc�ool. Th�se #unds wiil pay #or
prorraotional items, prizes and equipment for this e�ent. Ir� additivn a por#�on
of the funds will be used to expand ihe "Walk Across America" program
aiready in pface ai #he school_ F�nds for this program will be used to
purc�tase prornotional iiems and prizes_
b} T�e direct ia#�or charges for City employees for the kime that saici ernployees
are performing work pursuar�t ia #�is agreement must be doeumer�ted in a
P�bfic Interest �'indEng and approved �ay the FHWA_ Said labor chafges may
include ihe prorata share of "labor additives" applicaE�le to said labor charges.
Costs to the City of "labor additi�es" consisting of hoiiday pay, vacation, sick
lea�e, retiremen#, p�nsion, unemployment taxes, compensa#ion and liabiii#y
i�st�rance, iost time charges and sirnilar costs i�cidental #o fabor employ�ner�t
wil] be reimbursed only when supported by adequate records.
c) The ap�licable equipment renial charges for City owned equipmer�t used by
the Ciry anc� mil�age cha�ges for ernpioy�e owned �ehicies �sed by the City
an work perfarmed pursuant to this agreeme�t, at rates refi��ciive of the City
actuaf cast_
d) Expenditures #or materials, supp[ies, r�echanical da#a processing and
equiprnen# rentaf, lirnited to the actual exp�ndit�res far the pur�oses of this
agreemeni.
4. Expenc�itures for general administration, supervision, rnair��enance anci oif�er
overhead ar incidentai exper�ses of the Ci�y are not eligible #or �ederai
participatior�_
5. AcceP#ability of cQsts u�der this agreement wEl1 be determi�ed in accordar�ee with
the cost }�rinciples and procedures set fo�th in the applicabfe Federal Acquisition
Regulations, Car�tract Cos� Prir�cipais and Procedures, G8 Code of Federal
Regulations {CFR) 31 whrch is hereby incorporated by reference and made a
part o# this agr�erne�t.
6. For costs expected fo exceed $ 1,0�0, #he City must request the preparatior� and
execution af a su}��fernent to this agreeme�t, prior to incurring such costs_
C_ STAFFfNG.
1_ Tt�e City wilf designate a pubTcly empJoyed projec� manager, {"Praject
Manager"), to b� in respo�sib�e charge of the Project and ta supervise and direct
the work performed und�r any contract let for ihe Project. 1# City e��cts to �se a
private consuliar�t far engfneering services, the City w�lE provide a qualifed, f�11-
time pubiic empioyee of the City, ta be ir� respor�sibl� charge of the Project. The
serv�ces of fhe City to be perfarmed purs�an# to this agreer�ent may not be
assigned, sublet, ar trar�sferred unless the City is notifiied in wri�ir�g by MnIDOT
that such actio� is permitted under 23 CFR �.33 a�d 23 CFR 635.'EQ5 and state
law. Tf�is written consent wili in no way reEie�e the City from its primary
resportsibility for perFormance o# the �nrork.
2_ During the progress of the work on the Pro�ect, the City authorizes its Praject
Manager to reguest in writir�g specifrc eng�neerin� ar�dlor iechnical services frorrt
(Mrl/DOT Agreement No. 98030]
Paga 2
Mr�lD4T, pursuan� ta Min��so#a S#aiutes Section �6i.39. Such services may be
co�ered by ather technical service agreeEnents. If MnID4T iurnishes the services
r�quested, ancf if MnlDOT requests reimbursem�n�, then the City wifl promptfy
pay Mr�1DOT io reimburse the staf� trunk highvs�ay fund for the #ul! cost ancf
expe�se of furnishing suc� services. The costs and �xpenses wiii incEucfe th�
currer�t Mn/DOT labor additi�es a�cf overh�ad rates, su�ject fo adjustment based
on actual direc# costs thai ha�e been �erifed by a�dit. Pro�ision of such services
will rtot be deemed to make Mn/�OT a princlpal ar co-principai with respect ta
the Project.
3. The City will furnish the personr�el, services, sup�lies, and �q�iprnent necessary
to properfy supeNise, inspect, and dacumen# #I�e work for #i�e Pr�ject_
D_ CONTRAGT ADMINISTRATiON.
1_ The City wili request appro�al from MnIDOT for ail cosis in excess of the amo�ni
of federal funds previously appro�ed for the Pro�ec# prior to incur�ing such casts.
Failure to obtain such appro�ai may resu�t in such costs being disallowed for
reimbursement_
2. T�e City will prepare reparts, keep �ecords, and perform work sa as to er�able
Mr�IDOT to coElect tt�e #ederal aid sought by ihe City_ The City wil[ retair� al!
recards ar�tf reports in accordance with MnIDOT's recard reter�tior� scheduie far
federal aid projects_
3. U�an corn�letion of ihe Pro�ec#, the Project Manager wi[I d�termine whether the
work will be acce��ed.
E.
PAYMENTS.
�. The e�iire cost o€ the Project is to be paic! from #ed�ral funds made a�ai�able by
the �HWA and by other funds pro�ided by the City_ The City will pay ar�y par� of
the cost or expense of the Project thai is not paid hy #ederal funds_
2_ Tl�e City rnay request par#ial payments not more than once each thir�y (30) days.
The Project Manager will cer�ify each �artiaf payment.
3. The in�oice and supp��rnents theretq wiEl contain all detaiks fhat rnay be
�ecessary for a proper audit. Such details wiil consist of at least the following:
(a}
t�)
A�reaicdovvn of la�or by indi�iduaf, classification, dates and hours
worked times the applicabEe raie ta arrive ai a total dollar amo�nt
for each individua!_
The labor addit�ve shall be applied to total �abar doElars.
{c) The equipment charges shaEl be bro�Cen dowr� by type of
equipmenk t�mes t�e a}apficai�le rate and dates used to arrive at
to�al ec{uipr�ent charges.
td} A detaiied breakdawn of outside services used and st�ppor#ing
ir��oices and documeniaiion that costs of autside ser�ices ha�e
been paid.
(Mn/DOT Agreement No. 98�3a)
Page 3
(e) Detail for ma#er�als, sup}�lies, and other ifems with the descri�tion,
units, and ur�it prices included in the invoice. If materials or
supplies are purchased from an autside source, a copy of thai
invoice should be included.
(f} The ir��oices will indude � Oi3°10 of efigi�le charges ap�alicahfe to
i�e Preiiminary Engirteering so ti�at the prorata share of federaf
and City participatior� can be applied to the totaE costs_
4. Followir�g ce�#ification of the fnal estimate, the City may req�aest reimburs�ment
for cosis eligible for federal funds. The City's requss# wili b� made to M�1DOT
and wiiE inciude a copy af the certified �na1 �stitnate alor�g with the r�qui�ed
records.
5. Reimburserr�ent o# costs under this agreem�nt wiEl be based on actuaf costs_
�_ LIMITATIONS_
The City wi11 camply with al! appJicable Federal, Stafe, and local 1aws,
ordinances, ar�d regulatipns.
2_ Nond]scrimination. It is the poiicy of the �HWA and tk�e State of Minr�esota that
no persnr� in the Uniied States wili, or� the gra�nds of race, co1�r, or natior�al
origin, be exclude�l from par#icipation in, be denied the benefits of, or b�
subjected to discrimination under any program or activiiy receiving Federai
financiai assistance (42 U.S_C. 20a0d)_ ThrougY� expansion of the rnar�date for
nondiscrimination in Title VI ar�d through parailel iegislation, the proscribed bases
of discrirnination i�clude race, colar, sex, nationai origir�, age, and disability. In
addition, the Tiiie Vf prograrn has been �xter�ded to covef ail programs, acti�ities
and services of an entity receivir�g Federal fnanciaf assistance, whefiher such
programs and activii�es are Federaily assisted or r�a#. E�en in tf�e absence af
prior discriminatory practice or usage, a recipient in admir�istering a program or
acti�ity to which this part applies, is expected to take affirmafi�e actior� to assure
thaf no persan is excluded frotn �articipation in, or is denied the benefts o#, the
program or acti�i�y an the gro�nds of race, calor, natianal origin, sex, a�e, ar
disability. it is the responsibility o# the City to carry out the above requiTements.
3. Workers' Compensatio�. Any and a11 employees of the City or other persor�s
while engaged in #he p�rf'ormar�ce o# any wor[c or services required or permiited
by �he City under this agreemen# wii� not be considered empioyees af Mn/DOT,
and ar�y and afl cEaims that may arEse under the Workers' Campensation Act oi
Minnesota an beha�# of said employees, or other persor�s while sa engaged, will
in no way be #he obligation or r�sponsibilify of Mn1DOT. The Ciiy wi11 require
proof af Work�rs' Compensatian insurance from any cflr�iractor and sub-
contractor.
G. AUD1T.
1. The City vvilf com�ly witit #�e Single Audit Act o� � 984 anc� Office o# Management
and Budget (OMB) circuiar A-133 including ar�endrnents and successors theretq
which are ir�corparated herein by referenc�.
(Pin/DOT Agreement Nn. 9803t3}
Page 9
2. As pro��ded under Minnesota S#atutes Sect�on 16C.05, subdi�isior� 5, alI boo�Cs,
records, documen#s, and accountir�g procedures and prac#ices of the Ci#y are
subject to exatninatian by the United States Go�ernm�nt, MnIDOT, and ei#her
�he Legislative Auditor or the Stat� Auditor as apprapriate, for a mir�imum of six
years. `f�e C�ty will be responsibfe for any c�sts associated wifh the
performa�ce of the audit.
H_ MAINTENANCE. The City �S5UCTIES #ull responsibili#y for the operation and
mair�tenance a# any facifity cor�s#ructed ar irr3proved under this Agreement.
CLAIMS. The City acknowledges that Mn/DOT is ac#ing only as the City's ager�t
for accepta�ce and tfisbursemeni of federal #unds, and riat as a principa! or co-
pr�ncipal with respect to the Project. The Gity wil! pay any and all lawfu! cfairns
arising o�t ofi o� incidenia! io the Project includir�g, without limitaiior�, clairns
related #o co�tractor selection �inciud�ng the so�iciiation, e�aluation, and
acceptance or rejection of bids or proposals), acts or ornissions in perfor�nir�g th�
Pro�ect work, and any ultra vires acts. The Ci�y will inder�nify, defend (ta the
extent permi#ted by the Minneso#a Ai�o�ney General}, ar�d hoid MnIDOT
harmless frar� ar�y claims or costs arisi�g out of or incidenial to the Praject,
ir�cluding reasonable attarney fees ir�curred by Mn/DOT_ Tf�e City's
indemnifcation ob9igatian extends ta any actior�s related ta the certification af
DBE participatio�, e�en if suc� actions are rec�mrnended by MnIDOT.
fl_ DUTIES OF MnIDOT.
A. ACCEPTANCE. Mn/DOT acc�pts designafior� as Agent of ihe City for the receip#
ancE disburseme�# of f�deral fur�cis ar�d will act in accordance herewith_
B_ PROJECT ACTIViTIES.
1. Mr�lDOT will make tt�e r�ecessary requests to th� FHWA for authorization to use
federaE funds for the Prajeci, and far reimbursement of eligibfe cosis pursua�t io
the terms of this agreem�nt.
2. MnID�T will provide to the City copies o# the required �ed�ral-aid clauses to be
i�ctud�d in the propasa! soiicitation and wilf pro�ide the required Federal-aid
pra�isions to be i�cluded in the Proposaf_
3. Mn/DQT will review and certify t�e DBE part�cipation and notify the City wh�n
certificat�o� is compiete. If certifcation of DBE �articipation cannot be o�tained,
then the City must decici� whet�er to proceed with awarding #he �ontract_ FaiEure
to obtain such certificatior� will resul# ir� ihe project becor�ing ineligible far federal
assistance, and the City must make up any st�ori#all_
C. PAYMENTS.
MnIDOT will receive ti�e federa! funds paid by the �HWA far th� Project,
pursuar�t �o Minnesata Statut�s § 1fi�_36, Subdivisior� 2.
2. Mn/�OT wili re�iew a�d certify each partial pay rec�uest_ �ollowing certifcation of
the partial estimafe, Mn1�4T wilf reimburse t�e City, from said federal funds
made a�ailable #o the Praject, for each partia� payment request, subj�ci #a the
a�ailability ar�d �imits of #hose funds.
(Mn/DOT AgreeiaenC No. 98�30)
Page 5
3. Upan cornpletian of ##�e Project, the City will prepare a#inal payment rec�ues# in
accordanc� ►tvith tl�e ierms of this agreemen#. MNDOT will re�iew and certify the
final payment requesi with a fi�al a�dit_
4. No mare than 9�% of the reimburs�rr�ent due ur�der this agreement will b� paid
until completion of the �inal audit and a�pro�al by MNDOT's autharized
represer�ta#i�e.
5. If Mr�/D4T does not obtain fur�ding from #he FHWA or other funding source, ar
funding cannot be contfnuec! at a st�#ficier�t le�e! io aElow for the pracessing of the
federal aid reimbursement requests, the City may contin�e ihe work with local
funds only, until such tirne as MnIDOT is abie to process the federal aid
reimb�rs�ment requests.
D. AU�HORITY. Mn/DOT rr�ay w�thhoid federai funds, if MnIDOT or the �HVIIA
determines that th� Praject was not completed in compliance with #ederai
requireme�ts.
E. INSPECTION. MnIDOT, the FHWA, a� duly authorized representati�es of the
staie and fed�ra! ga�ernrnent wi!! ha�e the righ# to audit, evaluate and r�toni#ar
t�e work pe�#ormed under �his agreement_ The City wil� r�ake a�ailable a!1 boo�Cs,
records, and documents pe�tainEng t4 the wark hereund�r, for a mir�irnum of
seven years following ihe closi�g of #he co�struction contract.
111_ AUTHORIZED REPRESENTATIVES. Eacf� au##�orized representati�e wili have
responsibiiity to admir�ister this agreement and to ensure tha# afl payme�ts due to the
other party are paid pursuant to the terms of this agreetnent.
A_ The City authorized representative is Michel�e Olson, Parks anc! Recreation
Manage�, City of Arder� Hills, '[245 W. Highway 96, Arden Hills, Minnesota
55i 12, or her successor.
B. MnIDOT's authorized represeRtati�� is Lynne#te Rosneii, Mir�nesota Departmen#
of Trartsportation, State Air� #or Local T�anspa�tation, 395 Joh� Ire�and
Boule�ard, Mail Stop 500, St Pau�, MN 55155, phone 65'f-366-3822, or her
successor.
1V. TORT �.iAB#L�TY. Each party is responsible for i#s own acts and omissfons at�d the
res�its thereaf to the exte�t authorized by faw and wil! not be resPonsible for the acts
and omissions of any others and the results thereof. T�e Minneso#a Tor� Claims Act,
Minneso#a Statu#es Seciion 3.736, go�err�s MnIDOT GabElity.
V. ASStGNMENT. Nei#her party wilt assign or #ransfer any rights or obliga#ions under th�s
agreernent withou� prior writte� approval of #he oiher party_
VE. AMENDMENTS. Any arnendmentslsu�piernents to this Agreerrter�t must be fn writing
and be executed by the same parties who executed the original agreement, or their
successors in offce_
Vil. TERM OF AG�2EEMENT. TF�is agreement will be effective upon execution by #he City
and by apprapriate State officials, pursua�� io Minnesota Statutes Section 16C.05, and
wiEl rernain in effect for f�e (5) years frorr� the efFecti�e date or unti! ali obiigations sei
iMn/DOT Agrzement Mo. 98030}
Page 6
fort� in this agreement ha�e been satisfactorily fulflled, whichever occ�rs �rst.
Vfll. TERMlNATIQN. This agreement may be termir�ated by the Ciry or MnIDOT ai any time,
with or withaut cause, upan �inety (90) days written r�otice to the �ther pariy_ Such
#ermination will not remove any t�nfulf�tled fiir�ancial obligations of ihe City as s�t forth in
this Agr�emer�t. �n il�e event of such a t��rnirtatian the City vvill ba entiiled ta
reimbursemer�t for Mr�IDQT-approved federally eligib}e exper�ses ir�curred for work
satisfactoriiy p�rformed on #he Prajecf to the date af term�nation subject to the terrns of
this agreement.
Remainder of this page left intent�onally blank
{Mn/�OT Aqreement No. 98030}
Page 7
�N WITNESS WHEItEOF, the parties have caused this Agreert�ent to be du�y executed intending
to be bound thereby.
C [TY
City certi#�ies that the appcopriate person(s)
have executed the contract on its behaifas required
}�y appiica6te resolutians, ordinances, or cha�ter
provisions
By: _
Date:
Titie:
By:
Date:
T�tle:
�EPARTMENT OF TRANSPORTAT[ON
�y:
Title; Director.
State Aid for Laca! TransportaEion
Date:
COMM[SSiONEROE ADMiN�STRAT[�N
�
(Mn/DOT AgreernenC No. 96030}
Fage 8