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HomeMy WebLinkAboutCCRes_79-05CITY OF FALCON HEIGHTS:. Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Falcon Heights, Minnesota was held on the 10th day of January, 1979• The following members were present: Mayor Warkentien, Councilmembers Black, MaGough, Steele and Brown, and the following were absent: None. Councilmember Steele introduced the following Resolution and moved its adoption. RESOLUTION ?9-5 A RESOLUTION PERMITTING THE COMNLISSIONER OF TRANSPORTATION OF THE STATE OF MINNESOTA TO ACT AS THE CITY'S AGENT IN ACCEPTING FEDERAL AID ON BEHALF OF THE CITY FOR ROAD AND BRIDGE CONSTRUCTION UNDER M. S. 161.36. WI33HIH;AS, pursuant to M.S. 161.36 the City of Falcon Heights desires the Commissioner to act as its agent in accepting federal aid on the City's behalf, for road and bridge construction and in contracting for the construction, improvement or maintenance of roads or bridges financed either in whole or part with federal moneys: and WHEREAS, M.S. 161.36, Subdivision 2, requires that the terms and con- dition of the agency be set forth in an agreement: • NOW THEREFORE, it is agreed by the City Council of the City of Falcon Heights that said agreement shall be executed by the Mayor and Clerk in behalf of the City of Falcon Heights and attached hereto known as Exhibit ~'A". Councilmeanber Brown seconded the motion and upon a vote being taken the following voted "aye": Mayor Warkentien, Councilmeanbers Black, McGough,' Steele and Brown, and the following voted "nay": None. WHEREUPON, the foregoing Resolution was adopted. ~~ ~ ,ter ; ~< ~, .~ .~ Willis C. A. Warkentien, Mayor Attest: Dewan B. Barnes, Clerk Administrator Regular Council Me®ting of January 10, 1979 . Exhibit A ~Mn/DOT 30774 (Revised 11/78) ~J MINNESOTA DEPARTMENT OF TRANSPORTATION AGENCY AGREEMENT This Agreement made and entered into by and between the City of Falcon Heights, Minnesota herein after referred to as the "City" and the Commissioner of Transportation of the State of Minnesota herein- after referred to as the "Commissioner", WITNESSETH: WHEREAS, pursuant to M.S. 161.36 the City of Falcon Heights desires the Commissioner to act as its agent in accepting federal aid on the City's behalf, for road and bridge construction and in contracting for the construction, improvement or maintenance of roads or bridges financed either in whole or part with federal moneys: and WHEREAS, M.S. 161.36, Subdivision 2, requires that the terms and • condition of the agency be set forth in an agreement: NOW, THEN, IT IS AGREED: - 1 - Ttiat pursuant to M.S. 161.36, the City does hereby appoint the Commissioner its agent with respect to all federally funded projects, to accept and receive all Federal funds made available for said projects and to let contracts pursuant to law for the construction and improvement of City streets. Each project to be covered by this agreement shall be programmed by the submission to the Commissioner of a programming form together with a certified copy of the resolution of the City Council requesting the Com- missioner to obtain federal approval for the project(s). • Page No. 1 Each contract will be in accordance with plans and special pro- • visions for said projects on file in the Department of Transportation, State Transportation Building, St. Paul, Minnesota 55155, and the latest edition of Standard Specifications for Highway Construction promulgated by the Com- missioner and all amendments thereof, which said plans, special provisions and specifications are made a part of this agreement by referenced as though fully set forth herein. In the letting of said contract, it is hereby agreed that the fol- lowing procedure shat] be followed, to-wi.t: (a) The Commissioner shall cause the advertisements calling for bids on said work to be published in the Construction Bulletin. He shall also cause advertisements for bids to be published in the officially de- signated newspaper of the City. Said advertisement or call for bids shall specify that sealed proposals or bids will be received by the City Clerk of Falcon Heights on behalf of the Commissioner as agent of said City. Proposals, plans and specifications shall be available for the in- spection of prospective bidders at the office of the Department of Trans- portation, St. Paul, Minnesota 55155, and at the office of said City Clerk and the advertisement shall so state. The bids received in response to said advertisements for bids shall be opened for and on behalf of the Com- missioner by a District Director of the Department of Transportation or such other engineer of the Department of Transportation as may be from time to time selected by the Commissioner. After said bids shall have been opened, the City Council shall first consider the same and thereupon transmit to the Commissioner all bids received together with its recommendation that the lowest bid submitted by a responsible bidder be accepted or that all • Page No. 2 bids be rejected. Upon receipt of all said bids, the Commissioner shall duly • cause all of said bids to be tabulated in accordance with law and shall thereupon determine who is the lowest responsible bidder or shall reject all bids. (b) The Commissioner shall supervise and have charge of the construction of said projects after the same has been let. The City agrees to furnish its City Engineer or such other registered engineer and assign him to the active supervision and direction of the work to be performed under any contract let for the aforesaid projects, Said engineer so assigned shall act under the supervision and direction of the Commissioner. The City further agrees to furnish such other men, services, supplies and equipment as shall be necessary in order to properly supervise and carry on said work. (c) The Commissioner may make such changes in the plans or the character of the work as shall be recommended by the engineer in charge of • the work. If he concurs in such recommendations, the Commissioner may enter into for and on behalf of the City supplemental agreements with the contractor for the performance of any extra work or work occasioned by any necessary, advantageous, or desirable change in plans or construction. It is understood by the City that the Commissioner cannot personally investigate and pass judgment on the various items of extra work and plan changes necessary and desirable during the construction of the projects but that he must delegate such duties to engineers under his supervision and control that are employed by the Department of Transportation. Page No. 3 • The City does hereby authorize these engineers, so delegated by the Commissioner, to enter into for and on behalf of the City the supplemental agreements specified in the preceding paragraph hereof. (d) The City hereby authorizes its City Engineer for and on behalf of the City, from time to time, during the progress of the work on said projects, to request the Commissioner to furnish for use on said projects specific engineering services to be performed by skilled employees of the Department of Transportation. The Commissioner may but is not obligated to furnish the services so requested. If the Commissioner in compliance with such request shall furnish for the use of the City on Said projects the services of any Minnesota Department of Transportation employee, then and in that event, the City agrees to reimburse the Trunk Highway Fund for the full cost and expense of the furnishing of such services including all costs and expenses of any kind or nature whatsoever arising out of, connected with, or incidental to the furnishing of such services. (e) The Commissioner shall receive the funds to be paid by the City and the funds to be paid by the United States as federal aid funds, for said projects and to pay therefrom when due any and all sums that may become due the contractor to whom the contract is awarded, and upon final completion and acceptance of the work, to pay from said funds the final estimate to said contractor for said work. (f) The Commissioner shall perform on behalf of the City all other acts and things necessary to cause said projects to be completed in a satisfactory manner. Page No. 4 • (g) The Commissioner 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 said projects and to that end to 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 of any rule and regulation issued by federal authority pertaining thereto necessary for the purpose of procuring and having paid the federal aid available for said projects. (h) The Commissioner may perform on behalf of the City any other and further acts as may be necessary or required under any law of the United States or of any rule or regulation issued by proper federal authority in order to cause said projects to be completed and to obtain and receive the • federal aid made available therefor. - 2 - The City agrees that it will from time to time, after the execution of this agreement, make such reports, keep such records and perform such work in such manner and time as the Commissioner shall from time to time request and direct so as to enable the Commissioner as its agent to collect for it the federal aid sought. Said records and reports shall be retained by the City in accordance with the Co~nissioner's record retention schedule for federal aid projects.. - 3 - It is anticipated that the Federal Government will pay to the Commissioner as the agent of the City the federal aid funds available to said City toward the construction of said projects. It is • Page No. S . further anticipated that the contracts to be let by the Commissioner as the agent of the City for the construction of said projects shall provide that the contractor, as the work progresses, shall, from time to time, be paid partial payments designated in said contract as partial estimates and on the completion and acceptance of said work to be paid a final payment designated in said contract as a final estimate for all work performed. The City further agrees that any City funds and/or Municipal State Aid funds to be applied to any contract covered by this agreement shall be deposited with the Commissioner in accordance with 14 MCAR Section 1.5032. At regular monthly intervals after the contractors shall have started work under the contracts let by the Commissioner as agent for the City for the construction of said projects, the engineer assigned to and in charge of said work shall prepare a partial estimate in accordance with the terms of • said contracts let for said projects and the procedures established by the Office of Construction, Department of Transportation. The said engineer in charge of said work shall immediately after preparing each partial estimate, transmit the same to the Commissioner i_n quintuplicate. Each such partial estimate, shall be certified by the engineer in charge and by the contractor performing such work. The said engineer assigned to and in charge of said work shall also prepare and submit to the Commissioner- the final estimate data, together with the required project records in accordance with the terms of said contracts let for said projects. Quantities listed on said partial and final estimates shall be documented in accordance with the guidelines set forth in the applicable documentation manual. After the approved final estimate has been Page No . 6 • submitted to the Commissioner, the City will pay to the Commissioner that amount which together with the federal funds received for that project will be sufficient to pay all the contract costs of the project. - 4 - When the contractor shall have completed the work on said projects, the City agrees to inspect the same and forthwith upon the completion of said inspection advise the Commissioner whether or not the work performed should be, by the Commissioner as its agent, accepted as being performed in a satisfactory manner. In the event the City should, after said inspection, recommend to the Commissioner that he should not accept said work, then the City shall at the time such recommendation is made specify in particularity the defects i.n said work and the reasons why the work should not be accepted. It is further agreed that any recommendations made by the City are not binding • on the Commissioner but that he shall have the right to determine whether or not the work has been acceptably performed and to accept or reject the work performed under any said contract. - 5 - It is further agreed that the decision of the Commissioner on the several matters herein set forth shall be final, binding and conclusive on the parties hereto. - 6 - It is anticipated that the entire cost of said projects is to be paid from funds made available by the United States, by way of federal aid, and by the City. If for any reason the United States fails to pay any part of the cost or expense of said projects, then and in that event the City agrees to pay the same. The City further agrees to pay any and all claims • Page No. 7 O or demands of any kind or nature whatsoever arising out of or incidental to • the performance of the work under any contract let for said projects in the event that the federal government does not pay the same, and in all events, agrees to save the State of Minnesota and the Commissioner harmless and to pay any and all expenses and costs connected with said projects or the con- struction thereof which the federal government does not pay. - 7 - The City further agrees that 1) Where there is federal aid in right-of-way -- The City will meet the requirements contained in the Federal Aid Highway Program Manual Volume 7. Note: If there is federal aid just in relocation, the contract discussed in Chapter 5, Section 1, Paragraph lOC, of said Volume 7, must be executed. 2) Where there is federal aid in construction only -- The City • will meet the requirements of the Uniform Relocation Assistance-and Real Property Acquisition Policy Act of 1970 together with FHWA regulations im- plementing Title II of the Act on relocation (FHPM Volume 7, Chapter S); and Federal Aid Highway Program Manual Volume 7, Chapter 1, Section 4, Para- graph 5A pertaining to civil rights. - 8 - All references to statutes and rules shall be construed to refer to the statutes and rules as they may be amended from year to year. - 9 - The Commissioner accepts this said appointment as agent of the City and agrees to act in accordance herewith. • Page No. 8 • • ~J DATE RECOMMENDED FOR APPROVAL Direc*_or, Office of State Aid Falcon Heights CITY OF - _ r ~ ,..% BY ~ / ~ ~ . ,~ ,G ~ ~~ z'Z.y' ~~~ ~.~~4~.r~ Mayor Attest : / ,, <' 1'taar ~,.,L,,.,,i ~.-- Date City Clerk APPROVED AS TO FORM AND EXECUTION: DATE (Submit in Duplicate) Page No. 9 STATE OF MINNESOTA BY DATE Commissioner of Transportation (SEAL) a Mn/DOT 30774 (Revised 11/78) MINNESOTA DEPARTMENT OF TRANSPORTATION FEDERAL AID FORM N0. III Be it resolved that pursuant to Section 161.36, Subdivision 1 through 6, Minnesota Statutes, 1978 the Commissioner of Trans- portation be appointed as agent of the City of Falcon Heights to let as its agent, contracts for the construction of portions of Municipal Streets, and the Mayor and the Clerk are hereby authorized and directed for and on behalf of the City Council to execute and enter into a contract with the Commissioner of Transportation prescribing the terms and conditions of such contracts in the form as set forth and contained in "Minnesota Department of Transportation Agency Agreement Form No. 30774" a copy'of which said form • was before the Council, assuming on behalf of the City all of the obligations therein contained. (SEAL) (Submit in duplicate) Note: Attach certification by City Clerk with each copy of resolution. • Page No. 10 `''~.. • CT'l~`~TFT~ATTnPJ "T/1TE ~F MI'~.?~!T; `;CT11 ) C~'r'J'i'Y CF R.~.M `~'Y ) ss CTT~ OF F/IT.C~~~:! liT?T(',IJ'T'~ ) I, the ~zndersigned, bei.np; the dial~~ c~,zalified Clerk-Administrator of the Cite of Falcon Ilei~hts, Minnesota, hereby certify that I hive caref~zll,y compared the atte.ched and foregoing extract of the minutes o.f a ref;,zlar meeting; of the Cite Cotmcil of said City held January 10, 1979 with the original thereof on file in m~• office and +.he same is a Bill, true, and complete transcript therefrom. ~T~`~C, 1"'v hand officiallZT as s~~ch Clerk-Administrator and • the corporate seal of the Citti~ of Falcon Heights this 16th day of January, 1979 J' C1 er•k-Adm.i.nlstrator -'-'-"- Cit,y of Falcon heights, Minnesota •