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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