Loading...
HomeMy WebLinkAboutRES 87-006 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF ST. ANTHONY Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102352 Box: 23 Folder: RES 1987 Document: RES 87-006 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CIN OF ST. ANTHONY e • RESOLUTION 87-006 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF ST. ANTHONY WHEREAS, the City of St. Anthony desires the Commissioner of Transportation to act as its agent in accepting federal aid on its 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. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony that the Mayor and City Manager are hereby authorized to execute the Minnesota Department of Transportation Agency Agreement on behalf of the City. Adopted this day of 1987. Mayor ATTEST: City Clerk Reviewed for administration: City .Manager SHORT EI-I1 T Ircr TECHNICAL SUPPORT SERVICES DIVISION A F C - 8 1986 TECHNICAL MEMORANDUM NO. 86-37-SA-4. ST. PAUL December 5, 1986 TO County Highway Engineers Distribution: I Municipal Engineers Distribution: J FROM Gordon M. Fay, Director Office of State Aid SUBJECT MN/DOT Agency Agreement and Official Newspaper Enclosed are two copies of the revised Minnesota Department of Transportation . Agency Agreement for your approval and execution. Please note that language in the agreement has been added to cover single audit requirements. Any. questions in this area should be directed to Karen O'Connor, State Aid Accounting Officer (612-296-8943). Return both copies to this office upon signature for further approval . We will return a fully executed copy for your files: • Because the Agency Agreement does not identify.y.our official newspaper, you will have- to submit to us by letter the .name and- address of your. official newspaper and also the day of the month when published.. The Personnel, .in .the Office of State Aid have enjoyed the excellent working- . relationships we have -had with 'all- of you this past year. - We extend to you and your employees best wishes for an enjoyable Holiday Season and Continued Success in the New Year. r n y, Director Office of State Aid Enclosures: (2) Agency Agreements Revised 11/1986 Office of State Aid • MINNESOTA DEPARTMENT OF TRANSPORTATION AGENCY AGREEMENT This Agreement made and entered into by -and between the City of St. Anthony herein after referred to as the "City" and the Commissioner ' of Transportation of the State of Minnesota hereinafter referred to as the "Commissioner", WITNESSETH: WHEREAS , 'pursuant to M.S. 161.36 the City of St. Anthony 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 That 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 local roads and bridges. Each contract will be in accordance with plans and special provisions for said projects on file in the Department of Transportation, State Transportation Building, St. Paul, Minnesota • Page No. 1 all said bids, the Commissioner shall duly cause all of said bids • to be tabulated and shall thereupon determine who is the lowest responsible bidder and shall award the contract to 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 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 personnel, services, supplies and . equipment as shall be necessary in order to properly supervise and carry. on said work. • (c) The Commissioner may make 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 • Page No. 3 (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. (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 a1.1 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 ) It is the policy of the United States Department of • Transportation and the Minnesota Department of Transportation that Disadvantaged 'Business Enterprises and Women Business Enterprises as defined in 49 CFR, Part 23, shall have the maximum opportunity to participate in the performance of -contracts financed in whole or- in part with federal funds. 'Consequently, ' the requirements of 49 CFR, Part 23, apply to this agreement. In this regard-, the Commissioner and- the City shall take all necessary and reasonable steps in accordance with- 49 CFR, Part 23, to- insure that Disadvantaged Business Enterprises and Women Enterprises have the .maximum opportunity to compete for and perform on contracts and subcontracts. The Commissioner and the. City shall. not discriminate on the basis of race, color, national origin, or sex • Page No. 5 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 Minnesota Rules Chapter 8820 .1500 Subp. 3. At regular monthly intervals after contractors shall have started work under 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 partial • estimates in accordance with the terms of said contracts let for said projects and the procedures established by the Office of Contract Administration and Maintenance, Minnesota Department of Transportation. The said engineer - in charge of said work' shall immediately after preparing each partial estimate, transmit the same to the Commissioner in duplicate. 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 Page No. 7 - 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 lawful claims 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 United States does not pay the same, and in all events, agrees to save the State of Minnesota and the Commissioner harmless from said claims and from any claims arising out of this agreement and to pay any and all expenses and costs connected with said projects or the construction thereof • which the United States does not pay. 7 - The City further agrees that: 1 ) All right-of-way acquisition and relocation will be conducted in accordance with 49 CFR Part 25. Procedures implementing their regulation are contained in Mn/DOT State Aid .Manual, Chapter 5-892. 310. (Additional guidance may be obtained by referring to the FHWA's Real Estate Acquisition Guide for Local Public Agencies ) . 2 ) If the City receives total direct and indirect federal assistance of: i Page No. 9 covering both years, if the government so requests. It shall also • honor. requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual; but only for fiscal years beginning before January 1, 1987. The audit shall be made- by an independent auditor. An independent auditor is a state or local government auditor or a public-accountant who meets the independence standards specified in the General Accounting Office.'s Standards for Audit of Governmental Organizations, Programs, Activities, and Functions. The audit report shall state that the audit was performed. in accordance with the provisions of OMB Circular A-128 (or A-110 as applicable ) . • The audit report shall include: A. The auditor 's report on financial statements and. on a schedule of federal assistance; the financial statements; and a schedule of federal assistance, showing .t.he total expenditures for each federal assistance program as identified in the Catalog of Federal Domestic' Assistance. Federal programs or grants that have not been assigned a catalog number shall be identified under the caption "other federal assistance" . B. The auditor 's report on the study and evaluation of internal control systems must identify the organization 's significant internal accounting controls, and those controls designed to provide reasonable assurance that federal programs are being managed in compliance with laws and Page No. 11 and comments on the status of corrective action taken on prior • findings.. If corrective action is not necessary, a statement describing the reason it is not should accompany the audit report. The City agrees that the grantor, the Legislative Auditor, and any independent auditor designated by the grantor - shall -have such access to grantee's records and financial statements as maybe necessary for the grantor to comply with the Single Audit Act and OMB Circular A-128 . Required audit reports must be filed with the Office of the State Auditor, Single Audit Division and state agencies providing federal assistance, within six months of the City's fiscal year end. If a federal cognizant audit agency has been assigned for. the City, copies of required audit reports will. • be filed with that agency also. - Recipients of more than $100 ,000 in federal assistance must also submit one copy of the audit report within 30 . days after issuance to the central clearinghouse. Audit reports . should -be sent to: Bureau of Census Data Preparation Division 1201 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse s Page No. 13 CITY OF ST. ANTHONY RECOMMENDED FOR APPROVAL BY Mayor Director, Office of State Aid BY City Manager Attest: Date City Clerk Date APPROVED AS TO FORM AND EXECUTION: STATE OF MINNESOTA BY Commissioner of Transportation DATE DATE (Seal) (Submit in Duplicate) Page N g o. 15