HomeMy WebLinkAboutContract 2284Minnesota Department of Transportation
~~~`'Nes°lq State Aid for focal Transportation
~ Mail Stop 500, 4th Floor
~ ~ 395 John Ireland Boulevard
~`~ St. Paul, MN 55155-1899
oF~.
Kevin Hansen
City of Columbia Heights
637 38th Avenue NE
Columbia Heights, MN 55421
SUBJECT: S.P. 113-010-17, TCSP 09MN(006)
Construction Engineering for Ped Bridge
Agency Agreement No. 96460
Dear Mr. Hansen:
Office Tel.: 651 366-3822
Fax: 651 366-3801
April 20, 2010
Attached is a fully executed agency agreement between the City of Columbia Heights and
MnfDOT, which allows for Mn/DOT to act as City's agent in accepting federal aid in
connection with the above referenced project.
Also attached is a sample billing summary. Please include this information on any invoices
you send me when requesting for payment. It must be signed or it will be returned for
signature.
If you have any questions, please feel free to contact me at 651.366.3822, or by e-mail at
Lynnette.Roshell @ state.mn.us.
Sincerely,
Lynnette Roshell, PE
Project Development Engineer
Enclosure
cc: Greg Coughlin-DSAE
Sandy Kamnikar-OIM
Kelly Hoffman-OIM
James Mulhern-OCR
File
22$4
Mn/DOT Agreement No. 96460
STATE OF MINNESOTA AGENCY AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
AND
CITY OF COLUMBIA HEIGHTS
FOR FEDERAL PARTICIPATION IN CONSTRUCTION ENGINEERING
AND ADVANCE CONSTRUCTION FOR
S.P. 113-010-17; M.P. TCSP 09MN(006)
This agreement is entered into by and between CITY OF COLUMBIA HEIGHTS
("City") and the State of Minnesota acting through its Commissioner of Transportation
Pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act as the
City's agent to accept and disburse federal funds for the construction, improvement, or
enhancement of transportation financed in whole or in part by federal funds, hereinafter referred
to as the "Project"; and
The City is proposing a federal aid project reconstruct the Pedestrian bridge which
crosses Trunk Highway 65 and approaches in the vicinity of 49`r Avenue and be reimbursed for
construction engineering and administration related activities, hereinafter referred to as the
"Construction Engineering"; and
The Project has been determined to be eligible for the expenditure of federal aid funds
and is programmed in the approved federally approved STIP for the fiscal year 2010; and the
project is identified in MnlDOT records as State Project 113-010-17, and in Federal Highway
Administration ("FHWA") records as Minnesota Project TCSP 09 (006); and
The City desires to proceed with the project in advance availability of the federal funds;
and
It is permissible under Federal Highway Administration procedures to perform advance
construction of eligible projects with non-federal funds, with the intent to request federal funding
for the federally eligible costs in a subsequent federal. fiscal year, if sufficient funding and
obligation authority are available; and
The City desires to temporarily provide City State Aid and/or other local funds in lieu of
the federal funds so that the project may proceed prior to the fiscal year designated in the STIP;
and
Mn/DOT requires that the terms and conditions of this agency be set forth in an agreement.
THE PARTIES AGREE AS FOLLOWS:
Agreement no. 9646()
I. DUTIES OF THE CITY.
A. DESIGNATION. The City designates Mn/DOT to act as its agent to accept and
disburse federal funds made available for the Project.
B. ELIGIBILITY /COSTS. The estimated cost of the Construction Engineering is
$312,500.
I . It is anticipated that 80% (up to $ 250,000) of the cost of the Construction
Engineering will be paid from federal funds made available by the FHWA, and
that the remaining 20% will be paid by the City. The City will pay any part of the
cost or expense of the work that the FHWA does not pay.
2. Any costs incurred by the City prior to January 12, 2010, will not be eligible for
federal participation.
3. Eligible cost and expense, if approved, may consist of the following:
a) The cost of construction engineering and administration of the pedestrian
bridge project and approaches.
b) The direct labor charges for City employees for the time that said employees
are performing work pursuant to this agreement. Said labor charges may
1nG1UC1C tRC prUrata share of laUUT aUU1l1VCSdpp11GQU1C to salU LdDUi L largos.
Costs to the City of "labor additives" consisting of holiday pay, vacation, sick
leave, retirement, pension, unemployment taxes, compensation and liability
insl~rance, lost time charges and similar costs incidental to labor employment
will be reimbursed only when supported by adequate records.
c) The applicable equipment rental charges far City owned equipment used by
the City and mileage charges for employee owned vehicles used by the City
on work performed pursuant to this agreement, at rates reflective of the City
actual cost.
d) Expenditures far materials, supplies, mechanical data processing and
equipment rental, limited to the actual expenditures for the purposes of this
agreement.
e) The cost incurred by the City to employ outside forces to perform any or all of
the work pursuant to this agreement, subject to the provisions of section I.D.
SUBLETTING.
4. Expenditures for general administration, supervision, maintenance and other
overhead or incidental expenses of the City are not eligible for federal
participation.
5. Acceptability of costs under this agreement will be determined in accordance with
Agreement no. 96460
-2-
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.
6. For costs expected to exceed $ 312,500, the City must request the preparation and
execution of a supplement to this agreement, prior to incurring such costs.
C. STAFFING.
1. The City will designate a publicly employed registered engineer, ("Project
Engineer"), to be in responsible charge of the Project and to supervise and direct
the 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. 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 technicai service agreements. If TvirvDOT furnishes the services
requested, and if Mn/DOT requests reimbursement, then the City will promptly
pay MrvDO1 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.
3. The City will furnish the personnel, services, supplies, and equipment necessary
to properly supervise, inspect, and document the work for the Project.
D. SUBLETTING. The City will prepare request for proposals in accordance with
Minnesota law and applicable Federal laws and regulations.
1. The City will solicit proposals for construction engineering services after
obtaining written notification from Mn/DOT that the FHWA has authorized the
Project. Any Project advertised prior to authorization will not be eligible for
federal reimbursement.
2. The City will prepare the request for proposal, which will include all of the
federal-aid provisions supplied by Mn/DOT.
3. The City will prepare and publish the proposal solicitation for the Project as
Agreement no. 96460
-3-
required by state and federal laws. The City will include in the solicitation the
required language for federal-aid contracts as supplied by Mn/DOT. The
solicitation will state where the City will receive the proposals.
4. 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.
5. The City will prepare proposal packages and prepare and distribute any
addendums, if needed
6. The City will receive open, and evaluate proposals.
7. After the proposals are opened, the City will consider the proposals begin
negotiations on the price of the Preliminary Engineering in accordance with the
practice commonly known as Quality Based Selection. 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 Equai Employment Opportunity Office.
8. 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.
E. CONTRACT ADMINISTRATION.
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 casts.
Failure to obtain such approval may result in such costs being disallowed for
reimbursement.
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 ail
records and reports in accordance with Mn/DOT`s record retention schedule for
federal aid projects.
3. Upon completion of the Project, the Project Engineer will determine whether the
work will be accepted.
F. PAYMENTS.
1. The entire cost of the Project 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 that is not paid by federal funds. The federal
funds have not currently been released to Minnesota by the FHWA.
Agreement no. 96460
-4-
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.
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:
(a) 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.
(b} The labor additive may be applied to total labor dollars, not including
overtime labor dollars.
(c) The equipment charges must be broken down by type of equipment times
the applicable rate and dates used to arrive at total equipment charges.
(d} A detailed breakdown of outside services used and supporting invoices
and documentation that costs of outside services have been paid.
(e) 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.
~ r. mt t t t t ~ nnn i r t • t t_ .. t' _ _ t_ t _ t_ _
~r~ i ne invoices win inciuue i uu ro of eiigio e charges appnca~iC to tue
Construction Engineering so that the prorata share of federal and City
participation can be applied to the total costs.
4. Following certiticatian, 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.
5. Reimbursement of costs under this agreement will be based on actual casts, but
limited to eligible items.
G. LIMITATIONS.
1. The City must comply with all applicable Federal, State, and local laws,
ordinances, and regulations.
2. Nondiscrimination. It is the policy of the FHWA and the State of Minnesota that
no person in the United States will, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal
financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for
nondiscrimination in Title VI and through parallel legislation, the proscribed
bases of discrimination include race, color, sex, national origin, age, and
Agreement no. 96460
-5-
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.
H. AUDIT.
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. 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 six
years. The City will be responsible for any costs associated with the performance
of the audit.
CLAIMS. The City acknowledges that Mn/DOT is acting only as the City's agent
for acceptance and disbursement of federal funds, and not as a principal or co-
principal with respect to the Project. The City will pay any and all lawful claims
arising out of or incidental to the Project including, without limitation, claims
related to contractor selection (including the solicitation, evaluation, and
acceptance or rejection of bids or proposals), acts or omissions in performing the
Project work, and any ultra vices acts. The City will indemnify, defend (to the
extent permitted by the Minnesota Attorney General), and hold Mn/DOT
harmless from any claims or costs arising out of or incidental to the Project,
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.
II. DUTIES OF Mn/DOT.
A. ACCEPTANCE. Mn/DOT accepts designation as Agent of the City for the receipt
Agreement no. 06460
-6-
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, 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 proposal solicitation and will provide the required Federal-aid
provisions to be included in the Proposal.
3. Mn/DOT will review and certify the DBE participation and notify the City when
certification is complete.
C. PAYMENTS.
1. Mn/DOT will receive the federal funds to be paid by the FHWA for the Project,
pursuant to Minnesota Statutes § 161.36, Subdivision 2. At such time that the
federal funding are received by Mn/DOT, Mn/DOT will reimburse to the City the
federal aid share of the federally eligible costs, previously provided by the City.
Reimbursement for City State Aid funds used in lieu of federal funds, will be
deposited in the City's State Aid Account. Reimbursement for other City funds
used in lieu of federal funds will be forwarded to the City.
2. Mn/DOT will review and certify each partial pay request. Following certification
of the partial estimate, MniDOT will reimburse the City, from said federal funds
made available to the Project, for each partial payment request, subject to the
availability and 'limits of those funds.
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
final payment request with a final audit.
4. No more than g0% of the reimbursement due under this agreement will be paid
until completion of the final audit and approval by Mn/DOT's authorized
representative.
5. In the event Mn/DOT does not obtain funding from the FHWA ar 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.
D. AUTHORITY. Mn/DOT may withhold federal funds, if Mn/DOT or the FHWA
determines that the Project was not completed in compliance with federal
requirements.
Ageement no. 96~6(l
-7-
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.
III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have
responsibility to administer this agreement and to ensure that all payments due to the
other party are paid pursuant to the terms of this agreement.
A. The City authorized representative is Kevin Hansen, City of Columbia Heights,
637 38th Avenue NE, Columbia Heights, MN 55421, or his successor.
B. Mn/DOT's authorized representative is Lynnette Roshell, Minnesota Department
of Transportation, State Aid for Local Transportation, 395 John Ireland
Boulevard, Mail Stop 500, St Paul, MN 55155, phone 651.366.3822, or her
successor.
IV. TORT LIABILITY. 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.
V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this
agreement without prior written approval of the other party.
VI. AMENDMENTS. 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.
VII. TERM OF AGREEMENT. This agreement will be effective upon execution by the City
and by appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and
will remain until all obligations set forth in this agreement have been satisfactorily
fulfilled.
VIII. TERMINATION. This agreement may be terminated 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 termination 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 termination subject to the terms of
this agreement.
Agreement no. 96~Ci0
-8-
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending
to be bound thereby.
CITY
City certifies that the appropriate pers s)
have executed the contract on its be ~ alf a~ required
by applicable resolutions, ordina,~ces, or~harter
provisions ~'`~
,~ ~ ~'~.~
Date: 1--~T~ t b
Title: ~„~~~-- ~~
~~~ ~
,ti , ~'
DEPARTMENT OF TRANSPORTATION
BY~ s
Title: Dire tor, State Ai for Local Transportation
Date:___~ tt3
COMMISSIO R OF AD INISTRATION
By:
By. ~~~~,~ -4~r
Date: ~ (~~; ti { "3 ,~ ~ f ~
Title: , -`- ,,, ~ti,.c~ v`. a~~a e a-
Agreement no. 96460
-9-
RESOLUTION N0.2010-26
BEING A RESOLUTION AUTHORIZING THE CITY OF COLUMBIA HEIGHTS TO
ENTER INTO AN AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF
TRANSPORTATION
AND
THE CITY OF COLUMBIA HEIGHTS
FOR FEDERAL PARTICIPATION IN CONSTRUCTION
BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of
Transportation be appointed as Agent of the City of Columbia Heights to accept as its agent,
federal aid funds which may be made available for eligible transportation related projects.
B T T OL I3, the Mayor and the City Manager, are hereby authorized and
directed far 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.96460, a copy of which. said agreement was before the City Council. and which is
made a part hereof by reference.
Dated this 1 nth day of April, 2~ 1 tt.
CITY ~l~ CC~LUMDIA flElc~iiTS
Offered by: Diehm
Seconded by: Kelzenberg
1Zo11 Call: Ayes; Petercpn, Williams, D~eh_m, lLelzenberg 1\Tay: TiTaurrc~cki
•° `~.
,"
~~; ~~~~n,~-,ate- ~ (,-~-,` •.
/Patricia Muscovi z, CMC
City Clerk
~,
... - ~
_, -aft
Mayor Gary L. Peterson
CERTIFICATION
State of Minnesota
County of Anoka
City of Columbia Heights
I, the duly appointed, qualified City Clerk of Columbia Heights, Minnesota, and the
keeper of the records thereof, do hereby certify that the attached is a true and correct
original of the City of Columbia Heights City Council Resolution No. 2010-26, being a
Resolution authorizing the City of Columbia Heights to enter into an agreement between
the Minnesota Department of Transportation and the City of Columbia Heights for
Federal Participation in Construction.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official City Seal
of Columbia Heights this 13`x' day of April 2010.
Seal
_~
atricia Muscov CMC
City Clerk
City of Columbia Heights