3.7. SR 09-13-1999
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** ITEM 3.7. **
Howard R. Green Company
CONSULTING ENGINEERS
August 30, 1999
File: 800110J-0601
Mr. Pat Klaers
City Administrator
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: TYLER STREET AND STORM DRAINAGE PROJECT
Dear Mr. Klaers:
Recently Lori Johnson and I had an opportunity to meet with officials of MnlDOT regarding the
financing of the Tyler Street. As you are aware, the City of Elk River has been granted a low
interest loan from the Transportation Revolving Loan Fund (TRLF). This loan will cover the
majority of the City's 20% contribution to this project. It became clear as we were meeting with
MnlDOT and representatives of the TRLF that it would be to the City's advantage to use the
Delegated Contract process for this project.
The Delegated Contract process allows the City to be in charge of the bidding and the
construction administration of the project, rather than have MnlDOT bid the project and award
the contract. By using the Delegated Contract process the City will not have to up-front the 20%
local share. Basically, as we have pay estimates due to the contractor we will bill Mn/DOT for
the federal share or 80% and the TRLF for the remaining 20%. If we do not use the Delegated
Contract process Mn/DOT will require us to up-front the 20% share to them before they award
the project.
In order to initiate the Delegated Contract process, Mn/DOT requires the attached resolution to
be adopted by the City Council and the attached four agreements to be signed by the City
officials.
If you have any questions regarding any this information please call.
Sincerely,
Howard R. Green Company
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1326 Energy Park Drive. St. Paul, MN 55108 . 651/644-4389 fax 651/644-9446 toll free 888/368-4389
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RESOLUTION 99 -
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION OF THE CITY OF ELK RIVER REGARDING
THE DELEGATED CONTRACT PROCESS
WHEREAS The city has determined that it is in their best interests to utilize the Delegated
Contract process in the upcoming Tyler Street project; and
WHEREAS Mn/DOT requires an agreement between the City and Mn/DOT in order to have
the City proceed with the Delegated Contract process;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota:
That the Mayor and the City Administrator 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 and "Minnesota Department
of Transportation Agency Agreement Number 79404", a copy of which said
agreement was before the City Council and which is made apart hereof by
reference.
. STATE OF MINNESOTA
COUNTY OF SHERBURNE
I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution
presented to and adopted by the City of Elk River at a duly authorized meeting thereof held on
the 13 day of September 1999, as shown by the minutes of said meeting in my possession.
Sandra A. Piene, Clerk
Notary Public
My Commission expires
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AGREEMENT NO. 79404
MINNESOTA DEPARTMENT OF TRANSPORTATION
DMSION OF STATE AID FOR LOCAL TRANSPORTATION
AGENCY AGREEMENT WITH
THE CITY OF ELK RIVER
This Agreement made and entered into by and between the City
of Elk River (hereinafter "City") and the State of Minnesota acting
through its Department of Transportation (hereinafter "Mn/DOT"),
WHEREAS, pursuant to Minnesota Statutes Section 161.36 (1998),
the City desires Mn/DOT to act as its agent in accepting federal
aid on the City's behalf for construction, improvement, or
maintenance of roads, bridges, or transit facilities financed
either in whole or part with federal monies (hereinafter
"Projects"); and
WHEREAS, Mn/DOT is willing to act as the City's agent in
accepting federal funds for the City;
WHEREAS, Minnesota Statutes Section 161.36 (1998) requires
that the terms and conditions of this agency be set forth in an
agreement; and
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
That pursuant to Minnesota Statutes Section 161.36 (1998), the City
does hereby appoint Mn/DOT its agent with respect to the receipt of
all transportation related federal funds made available to the City
for said Project(s).
I. AGREEMENT EFFECTIVE DATE
This agreement shall become effective upon such date as it is
approved and executed by the City, Mn/DOT, and the appropriate
State officials, pursuant to Minnesota Statutes Section 16C. 05
(1998) .
II. DUTIES OF THE CITY
A. Contract Letting Requirements.
In the letting of a contract for a Project, the City shall
first obtain written authorization from Mn/DOT for the Project to
proceed to letting. After authorization is obtained, the following
procedure shall be followed in accordance with Minnesota Law.
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Agreement No. 79404
1.
Advertisements for Bids
The City shall publish the advertisements calling for
bids on Projects in the Construction Bulletin, and in the
officially designated newspaper of the City.
. The advertisement shall state where the proposals, plans,
and specifications will be available for the inspection of
prospective bidders.
2. Bid Openings
Bids received in response to advertisements for bids
shall be opened by an official of the City. After the bids are
opened, the City shall first consider the.bids and thereupon
award the Project to the lowest responsible bidder.
B. Contract Administration and Supplemental Agreements
The City shall administer and have charge of the Projects.
The City may make changes in the plans or the character of the
work, and may enter into supplemental agreements with the
contractor for the performance of the extra work or work occasioned
by any change in plans or construction, as may be necessary to
complete the proj ect. Any work performed under a supplemental
agreement shall not be eligible for reimbursement by MnjDOT unless
the supplemental agreement has been approved by MnjDOT and
sufficient federal funds are available.
C. Construction Duties.
1. Construction Requirements
Projects shall be constructed in accordance with plans,
special provisions, and standard specifications for each
Project. The plans and specifications for each project shall
be on file in the City Engineer's Office. The standard
specifications shall qe the latest edition of Standard
Specifications for Highway Construction promulgated by MnjDOT,
and all amendments thereto. The plans, special provisions and
specifications are a part of this agreement by reference as
though fully set forth herein.
2. Construction Supervision
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The City shall furnish and assign a publicly employed
registered. engineer (hereinafter "proj ect Engineer") to be
responsible for the Projects and to supervise and direct the
work to be performed under any contract let for the Projects,
on behalf of MnjDOT. The City shall furnish such other
personnel, services, supplies, and equipment as shall be
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Agreement No. 79404
necessary in order to properly supervise, inspect, and
document the work for the Project.
During the progress of the work on the Projects the City
authorizes its Project Engineer to request from Mn/DOT,
specific engineering services to be performed by skilled
employees of the Department of Transportation. Mn/DOT may,
but is not obligated to, furnish the requested services. If
Mn/DOT furnishes the services requested, then the City shall
reimburse Mn/DOT for the full cost and expense of furnishing
such services. The costs and expenses shall include the
current Mn/DOT labo~ additives and overhead rates, subject to
adjustment based on actual direct costs that have been
verified by audit.
3. Construction Reporting
The City shall prepare reports, keep records, and perform
work so as to enable Mn/DOT to collect the federal aid sought
by the City. All records and reports shall be retained by the
City in accordance with Mn/DOT's record retention schedule for
federal aid Projects.
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At regular monthly intervals after work has started under
a contract for a proj ect , the City, through its proj ect
Engineer, shall prepare partial estimates in accordance with
the terms of the contract for the Project and the procedures
established by Mn/DOT. Partial estimates must be submitted to
Mn/DOT for the City to receive reimbursement. Each partial
estimate shall be certified by the Project Engineer in charge
and by the individual, firm, or corporation contracting for
and undertaking prosecution of the prescribed work
(hereinafter "Contractor").
Upon completion of a Project, the Project Engineer shall
prepare and submit to Mn/DOT the final estimate data, together
with the required project records in accordance with the terms
of the contract let for..the proj ect .
Quantities listed on partial and final estimates shall be
documented in accordance with the guidelines set forth in the
Minnesota Department of Transportation Documentation Manual
for Construction Pay Quantities.
D. Construction Funds
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The entire cost of the Projects is to be paid from funds made
available by the United States by way of federal aid, and by the
City, and by state or state-aid funds. If for any reason the
United States fails to pay any part of the cost or expense of the
Projects, then the City shall be responsible for the amount of
money that the federal funds would have paid.
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Agreement No. 79404
E.
Contractor Payments
Contracts to be let under this Agreement for the construction
of Projects shall provide that the Contractor shall be paid partial
payments designated in said contract as partial estimates, from
time to time as the work progresses. The City shall require the
contract to provide that the Contractor shall be paid a final
payment, designated in said contract as a final estimate, for all
work performed, upon completion and accept~nce of Project work.
F. Civil Rights Act
During the performance of this Agreement, the City, for
itself, its assignees and successors in interest, shall comply with
Title VI of the Civil Rights Act of 1964, as amended. Accordingly,
49 C.F.R. 21 through Appendix Hand 23 C.F.R. 710.405 (b) are made
a part hereof by reference with the same force and effect as though
fully set forth herein.
G. Final Inspection
When Project work is completed on any Project, the City shall
request final inspection from Mn/DOT. If the Projects are found to
have been completed in accordance with the plans and specifications
for the Projects, Mn/DOT shall then release any remaining funds due
to the City for the respective Project.
H. Utilities
The City shall 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
"A Policy for the Accommodation of Utilities on Highway Rights of
Way" as approved on April 5, 1988 by the United States Department
of Transportation, Federal Highway Administration, Minnesota
Division, which is made a part hereof by reference.
I. Maintenance
The City shall assume full responsibility for upkeep,
maintenance and operation of any facility constructed or
reconstructed by a Project under this Agreement.
J. Claims
The Ci~y shall pay any and all lawful claims or demands of any
kind or nature whatsoever arising out of or incidental to the
performance of the Project work under any contract let for the
Projects, in the event that the federal government does not pay the
same. In all events, the City shall hold the Department of
Transportation and Mn/DOT harmless from the claims and from any
claims arising out of this Agreement and to pay any and all
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Agreement No. 79404
expenses and costs connected with the Projects or the construction
thereof which the federal government does.not pay.
III. DUTIES OF Mn/DOT
Mn/DOT accepts appointment as Agent of the City and agrees to
act in accordance herewith.
A. PaYments
Mn/DOT shall receive the funds to be paid by the United States
as federal aid funds for the Projects, and shall reimburse the City
for the eligible federal share of each partial paYment made to the
contractor, after the paYment has been made, and as vouchers for
such partial paYments are submitted to Mn/DOT requesting
reimbursement.
B. Authority of Mn/DOT
Mn/DOT retains the authority to suspend unsatisfactory work,
demand corrective measures, or withhold federal and/or state-aid
funds as may be appropriate, as provided in Minnesota Rules
8820.3000, subpart 6 (1997).
On behalf of the City, Mn/DOT may perform any other actions
necessary to complete the Projects in a satisfactory manner.
Mn/DOT may enter into any agreement for and on behalf of the
City with the United States or any officer or agent thereof that
may be required or necessary for the purpose of procuring and
actually causing to be paid the federal aid funds available for any
Project. To that end, Mn/DOT may bind and commit the City in such
agreement to the performance of any and all things required by any
law of the United States, or any regulation issued by federal
authority pertaining thereto, necessary for the purpose of
procuring and having paid the federal aid available for said
Projects.
Mn/DOT may perform on behalf of the City any other acts as may
be necessary or required under any law of the United States or of
any regulation issued by proper federal authority in order to cause
the Projects to be completed and to obtain and receive the federal
aid made available therefore.
The decision of Mn/DOT on final acceptance of the project, and
other matters necessary to complete the Project, shall be final,
binding, and conclusive on the parties hereto.
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Agreement No. 79404
IV. NONDISCRIMINATION: Mn/DOT TITLE VI REQUIREMENTS
It is the policy of the Federal Highway Administration and the
State of Minnesota that no person in the United States shall, 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 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 shall be the responsibility of the City to carry
out the above requirements.
V.
AUDITING
As provided under Minnesota Statutes Section 16C.05,
subdivision 5 (1998), 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 .0
The City shall comply with the Single Audit Act of 1984 and
Office of Management and Budget (OMB) circular A-133, and shall be
responsible for any costs associated with the performance of the
audit.
VI. TERMINATION
Mn/DOT or the City may terminate this Agreement at any time
with or without cause, by giving the other party ninety (90) days'
advance written notice of termination.
VII. AGREEMENT LIMITATIONS
All provisions of this Agreement shall be subject to
limitations provided in Federal and State of Minnesota laws.
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Agreement No. 79404
IN WITNESS WHEREOF, the parties have caused this Agreement to be
duly executed intending to be bound thereby.
CITY OF ELK RIVER
By:
Title: Mayor
Date: September 13, 1999
MINNESOTA
DEPARTMENT OF TRANSPORTATION
By:
Title: Director, Division of State Aid
Date:
By: Approved as to Fonn and Execution by the
Office of the Attorney General:
Title: City Administrator
Date: September 13, 1999
ACKNOWLEDGMENT
This instrument was acknowledged before
me this
day of
199_,
By
Title
and
Title
of
(Name of Agency)
and did execute this instrument on behalf of
the agency intending to be bound thereby.
NOTARY PUBLIC
My Commission Expires:
By:
Title:
Date:
DEPARTMENT OF ADMINISTRATION
By:
Date:
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