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IP #826PROJECT NO. 826 Transportation Grant Res. 07-105 7/23/07 Resolution approving State of Minnesota agency agreement between Department of Transportation and city of New Hope for federal participation in construction (improvement project no. 826) Item 6.17 1/14/08 Motion authorizing staff to proceed with the solicitation of quotes for three solar powered driver feedback signs for the Safe Routes to School grant program for Sunny Hollow Elementary School (improvement project 826). Res. 08-13 1/14/08 Resolution approving agency agreement between the city of New Hope and Minnesota Department of Transportation (MnDOT) allowing for MnDOT to act as the city's agent in accepting federal aid in connection with the Safe Routes to School project at Sunny Hollow Elementary School (improvement project 826) Res. 08-37 2/25/08 Resolution awarding contract to ACT Traffic Solutions, Inc. for construction of three (3) solar -powered driver feedback signs for the 2007 Safe Routes to School infrastructure improvements at Sunny Hollow Elementary School (improvement project no. 826) COUNCIL t} Originating Department Community Development By: Kirk McDonald, Acting City Manager and CD Director By. Eric Weiss, CD Intern 1111 SWOROMMULOR Approved for Agenda July 23, 2007 Agenda Section Consent Item No. 6.5 Resolution approving State of Minnesota agency; agreement between Department of Transportation and city of New Hope for federal participation in construction. Requested Action Staff requests that the City Council approve a resolution authorizing State of Minnesota agency agreement between Department of Transportation (Mn/DOT) and City of New Hope for federal participation in construction. The agreement permits Mn /DOT to act as the City's agent in accepting federal funds on the City's behalf for the Safe Routes to School program. Policy /Past Practice City departments periodically apply for grants that aid in the initiation and /or continuation of projects that will benefit the city and its residents. Background The Safe Routes to School grant program is intended to help cities improve walking/bicycle access to local K -8 schools. An application was submitted on behalf of Sunny Hollow Elementary and $31,200 was awarded for infrastructure and non - infrastructure improvements. The funds will be used to install three driver feedback signs in the Sunny Hollow School Zone and educational programs coordinated between faculty, the Police Department and city staff. City staff met with a Mn /DOT representative on May 30, 2007 to discuss the funding process and installation of the improvements. An update was forwarded to the Council after that meeting. See attached. Funding The Safe Routes to School Grant does not require a match from the city. The city has received a grant of $31,200, of which $29,200 is allocated for infrastructure improvements and $3,000 for non - infrastructure improvements. MOTION BY ZL ` SECOND BY TO: Lf C A(j -:.,) C) 7- /0 I: \RFA \PLANNING \Improvement Projects \Q &R -Safe Routes MnDot Fed Funding.doc Request for Action July 23, 2007 Next Steps Three applications (Cultural- Historical Review Mn/DOT -State Historical Preservation Office (SHPO), Mn/DOT Federal Endangered Species Review, and Mn /DNR State Endangered Species Review) required for the final application have been submitted. T11e Cultural- Heritage Review Mn /DOT -SHPO has been approved. Upon the approval from the other two agencies, the Project Memorandum will be submitted for final release of Federal funds. Staff recommends approval of the resolution. Attachments - Resolution - Agency Agreement. - Safer Route to School Grant Memo 6/14/07 City of New Hope Resolution No. 2007 -105 Resolution approving the State of Minnesota agency agreement between Department of Transportation and city of New Hope for Federal participation in construction for Safe Routes to School program. WHEREAS, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of New Hope to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. WHEREAS, the Mayor and City Manager are hereby authorized and directed 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. 91097 ". NOW, THEREFORE BE IT RESOLVED by the City Council of the city of New Hope, Minnesota, in accordance with Minnesota Statues 383B.77, subd. 3., supports the agency agreement between Department of Transportation and city of New Hope. Adopted by the City Colulcil of the city of New Hope, Hennepin County, Minnesota, this 23rd day of July, 2007. I: \RFA \PLANNING \Improvement Projects \Q &R -Safe Routes MnDot Fed Funding.doc Memorandum To: Kirk McDonald, CD Director From: Eric Weiss, CD Intern Date: June 14, 2007 Subject: Safe Routes to School Grant Attachment: Project Map Purpose: 1 f ti: This memo is intended to outline the process for installation and completion of the Safe Routes to School program. General Description: In order for Federal funds to be released for the project, which must be done before any money can be spent, three applications must be submitted. These include permit applications to: 1. Cultural- Historical Review Mn/DOT -State Historic Preservation Officer (SHPO) 2. Mn/DOT Federal Endangered Species Review 3. Mn/DNR State Endangered Species Review Because of the low invasiveness nature of the project all three applications should be accepted. This process alone is expected to take a couple of months to complete. Applications are in process and will be submitted soon. Upon receipt of the three agencies permission to move forward, a Project Memorandum will be completed and filed with the state. Once this application has been submitted, reviewed and accepted, Federal funding will be released and the project can move forward. Following release of funds, quotes can be taken and the bidding process can begin. I will work with Steve Mosin, Traffic Engineer from the City of Minneapolis to learn more on sign companies and the bidding process. Decisions then will be made on who will complete installation of the signs, either the chosen company or Public Works. Decisions will also need to be made on how non - infrastructure funds will be spent. Through coordination between New Hope Police Department and school faculty possibilities include school programming, safety programs and events, stickers and prizes. Timeline: June 2007: Complete and submit applications to Mn/DOT and Mn/DNR *August 2007: Receive permits from Mn/DOT and Mn/DNR. Mid - August 2007: Submit Project Memorandum to State September 2007: Begin bidding process October 2007: Award project. November 2007: Weather dependent, begin installation. 'August is a best -case scenario. The SHPO application can take months to receive back and could take much longer than August. If received later, this could move the entire project back. Installation of the signs before the beginning of the 2007 -2008 school year is highly unlikely, however, signs should be in place by spring of next year. St. Paul, MN 55113 SUBJECT: New Hope Agency DCP Agreement Agency Agreement No. 91097 Dear Mr. VANDERTOP: Attached are four copies of the agency agreement between the City of New Hope and Mn/DOT, which allows for Mn/DOT to act as the City's agent in accepting federal aid from the Federal Highway Administration. This agreement is intended to coverall project using FHWA funds rather than a specific project. Please review and if approved have all four copies signed. A Council resolution similar to the example attached, must be passed. The certified resolution should then be placed as the last page in cacti of the four copies of the agreement. Please verify that the personititle authorized to sign as stated in the resolution, corresponds to the signature (person/title) on the signature page. Please return all four copies of the agreement to me for Mn/DOT signatures. A fully executed copy will be returned to you. If you have any questions or need any revisions, please feel free to contact me at 651.366.3822. S�n�erely, Roshell, PE , elopment Engineer Enclo cc: MARK GIESEKE - -DSAE File (Mn /DOT Agreement No. ) N:TedAid \Agreement \latest samples \182- 000 -000 new hope DCP Agency Agreement 06.doc 2,'5 %00 Page 9 July 30, 2007 Ms. Lynnette Roshell Minnesota Department of Transportation State Aid for Local Transportation Mail Stop 500, 4 11, Floor 395 John Ireland Boulevard St. Paul, MN 55155-1899 Subject: New Hope Agency DCP Agreement Agency Agreement No. 91097 Dear Ms. Roshell: Enclosed are four copies of the agency agreement with Mn/DOT for federal participation in construction of the Safe Routes to School program. Certified copies of the resolution are also enclosed. The agreements have been executed by city officials. After all signatures are obtained, please provide a fully executed agreement to my attention. Sincerely, Valerie Leone, CMC City Clerk Enc. cc: Vince VanderTop, city engineer Kirk McDonald, acting city manager 4401 Xylon Avenue North * New Hope, Minnesota 55428-4898 ® www. ci.new-hope.mn.us City Hall: 763-531-5100 * Police (non-emergency): 763-531-5170 + Public Works: 763-592-6777 TDD: 763-531-5109 City Hall Fax: 763-531-5136 + Police Fax: 763-531-5174 + Public Works Fax: 763-592-6776 o �NNes Min Department of Tarp �o�°t tj n A State Aid for Local Transportation Mail Stop 500, 4th Floor � 5 e 305 John Ireland Boulevard Office Tel.: 651 366 -3822 oFTRP St. Paul, MN 55155 -1800 Fax: 651 366 -3801 September 5, 2007 Vince Vandertop New Hope City Engineer 2335 West TH 36 #703 St. Paul, MN 55113 SUBJECT: Agency DCP agreement Agency Agreement No. 9109 Dear Mr. Vandertop: Attached is a fully executed agency agreement between the City of New Hope and Mn/DOT, which allows for Mn/DOT to act as City's agent in accepting federal aid in connection with the above referenced project. For additional information on the Delegated Contract Process (DCP) please see our website at http: / /www. dot. state .mn.us /stateaid /res_dcp.html you may also contact anyone listed in the federal aid section for additional details. If you have any questions, please feel free to contact me at 651- 366 -382 , or by e -mail at Lynnette.Roshell a dot.state.mn.us. Cin( -441 Enclosure cc: Dan Erickson —DSAE Cyndi DegenerMS 215 File STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss CITY OF NEW HOPE ) I, the undersigned, being the duly qualified City Clerk of the City of New Hope, Minnesota, hereby attest and certify that: 1. As such officer, I have the legal custody of the original record from which the attached resolution was transcribed. 2. 1 have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 3. 1 find the attached resolution to be a true, correct and complete copy of the original: RESOLUTION NO. 07-105 Resolution approving the State of Minnesota agency agreement between Department of Transportation and city of New Hope for Federal participation in Construction for Safe Routes to School program 4. 1 further certify that the affirmative vote on said resolution was 5 ayes, 0 nayes, and 0 absent/abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such Clerk and the seal of said City, this 30th day of July, 2007. t . Valerie Leone, City Clerk (Seal) M i �+ 4401 Xylon Avenue North ® New Hope, Minnesota 55428 -4898 ® www. ci.new - hope.mn.us City Hall: 763- 531 -5100 ® Police (non - emergency): 763- 531 -5170 ® Public Works: 763- 592 -6777 ® TDD: 763- 531 -5109 City Hall Fax: 763 -531 -5136 ® Police Fax: 763 -531 -5174 ® Public Works Fax: 763 -592 -6776 City of New Hope Resolution No. 2007 -105 Resolution approving the State of Minnesota agency agreement between Department of Transportation and city of New Hope for Federal participation in construction for Safe Routes to School program. WHEREAS, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of New Hope to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. WHEREAS, the Mayor and City Manager are hereby authorized and directed 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. 91097 ". NOW, THEREFORE BE IT RESOLVED by the City Council of the city of New Hope, Minnesota, in accordance with Minnesota Statues 383B.77, subd. 3., supports the agency agreement between Department of Transportation and city of New Hope. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 23rd day of July, 2007. I: \RFA \PLANNING \improvement Projects \Q &R -Safe Routes MnDot Fed Funding.doc Mn/DOT Agreement No. 91097 STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF NEW HOPE FOR FEDERAL PARTICIPATION IN CONSTRUCTION This agreement is entered into by and between the City of New Hope ( "City ") and the State of Minnesota acting through its Commissioner of Transportation ( "Mn/DOT "), Pursuant to Mim7esota Statutes Section 161.36, the City desires Mn/DOT to act as the City's agent in accepting federal funds on the City's behalf for the construction, improvement, or enhancement of transportation financed either in whole or in part by federal funds, hereinafter referred to as the "Project(s)"; and Mn/DOT requires that the terms and conditions of this agency be set forth in an agreement. THE PARTIES AGREE AS FOLLOWS: I. DUTIES OF THE CITY. A. DESIGNATION. The City designates Mn/DOT to act as its agent in accepting federal funds in its behalf made available for the Project(s). B. STAFFING. 1. The City will furnish and assign a publicly employed licensed engineer, ( "Project Engineer "), to be in responsible charge of the Project(s) and to supervise and direct the work to be performed under any construction contract let for the Project(s). In the alternative where the City elects to use a private consultant for construction engineering services, the City will provide a qualified, full -time public employee of the City, to be in responsible charge of the Project(s). The services of the City to be performed hereunder 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(s), the City authorizes its Project Engineer to request in writing specific engineering and/or technical services from 1 (Mn. �DOT Agreement No. N:APedAldA Agreement \latestsamples \182 -000 -000 new hope DCP Agency Agreement 06.doc 2;5`00 Page 1 Mn/DOT, pursuant to Minnesota Statutes Section 161.39. Such services maybe covered by other technical service agreements. If Mn/DOT furnishes the services requested, and if Mn/DOT requests reimbursement, then the City will promptly pay Mn/DOT 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 Proj ect(s). C. LETTING. The City will prepare construction contracts in accordance with Minnesota law and applicable Federal laws and regulations. 1. The City will solicit bids after obtaining written notification from Mn/DOT that the Federal Highway Administration ( "FHWA ") has authorized the Project(s). Any Project(s) advertised prior to authorization will not be eligible for federal reimbursement. 2. The City will prepare the Proposal for Highway Construction for the construction contract, which will include all of the federal -aid provisions supplied by Mn/DOT. 3. The City will prepare and publish the bid solicitation for the Project(s) as required by state and federal laws. The City will include in the solicitation the required language for federal -aid construction contracts as supplied by Mn/DOT. The solicitation will state where the proposals, plans, and specifications are available for the inspection of prospective bidders, and where the City will receive the sealed bids. 4. The City may not include other work in the construction contract for the authorized Project(s) 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(s). 5. The City will prepare and sell the plan and proposal packages and prepare and distribute any addendums, if needed. 6. The City will receive and open bids. 7. After the bids are opened, the City Council will consider the bids and will award the bid to the lowest responsible bidder, or reject all bids. If the construction contract contains a goal for Disadvantaged Business Enterprises, the City will not award the bid until it has received certification of the Disadvantaged Business Enterprise participation from the Mn/DOT Equal Employment Opportunity Office. (Mn /DOT Agreement No. ) N:TedAid Agreement \latest samples\182- 000 -000 new hope DCP Agency Agreement 06.doc 2./5/00 Page 2 D. CONTRACT ADMINISTRATION. 1. The City will prepare and execute a construction contract with the lowest responsible bidder, hereinafter referred to as the "Contractor," in accordance with the special provisions and the latest edition of Mn/DOT's Standard Specifications for Construction and all amendments thereto. 2. The Project(s) will be constructed in accordance with plans, special provisions, and standard specifications of each Project. The standard specifications will be the latest edition of Mn/DOT Standard Specifications for Highway Construction, and all amendments thereto. The plans, special provisions, and standard specifications will be on file at the City Engineer's Office. The plans, special provisions, and specifications are incorporated into this agreement by reference as though fully set forth herein. 3. The City will furnish the personnel, services, supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project(s). The services of the City to be performed hereunder 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. 4. The City will document quantities in accordance with the guidelines set forth in the Mn/DOT Contract Administration Manual Sections 410 and 420 that were in effect at the time the work was performed. 5. The City will test materials in accordance with the Mn/DOT Schedule of Materials Control in effect at the time each Project was let. The City will notify Mn/DOT when work is in progress on the Project(s) that requires observation by the Independent Assurance Inspector as required by the Independent Assurance Schedule. 6. The City may make changes in the plans or the character of the work, as may be necessary to complete the Project(s), and may enter into supplemental agreement(s) with the Contractor. The City will not be reimbursed for any costs of any work performed under a supplemental agreement unless Mn/DOT has notified the City that the subject work is eligible for federal funds and sufficient federal funds are available. 7. The City will request approval from MrvDOT for all costs in excess of the amount of federal funds previously approved for the Proj ect(s) prior to incurring such costs. Failure to obtain such approval may result in such costs being disallowed for reimbursement. 8. 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. Required reports are listed (Mn'DOT Agreement No. 'r ) N: \FedAid`.Agreement\ latest samples \M -000 -000 new hope DCP Agency Agreement 06.doc 215100 Page 3 in the Mn/DOT State Aid Manual, Delegated Contract Process Checklist, available from Mn/DOT's authorized representative. The City will retain all records and reports in accordance with Mn/DOT's record retention schedule for federal aid projects. 9. Upon completion of the Project(s), the Project Engineer will determine whether the work will be accepted. E. PAYMENTS. 1. The entire cost of the Project(s) 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(s) that is not paid by federal funds. 2. The City will prepare partial estimates in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify each partial estimate. Following certification of the partial estimate, the City will make partial payments to the Contractor in accordance with the terms of the construction contract for the Project(s). 3. Following certification of the partial 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 partial estimate. 4. Upon completion of the Project(s), the City will prepare a final estimate in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify the final estimate. Following certification of the final estimate, the City will make the final payment to the Contractor in accordance with the terms of the construction contract for the Project(s). 5. Following certification 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. F. LIMITATIONS. 1. The City will comply with all applicable Federal, State, and local laws, ordinances, and regulations. 2. Nondiscrimination. It is the policy of the Federal Highway Administration 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 prescribed bases of discrimination include race, color, sex, national origin, age, (Mn /DOT Agreement No. ) WFedAid\Agreement,latest saniples\182 -000 -000 new hope DCP Agency Agreement 06.doc 215,'00 Page 4 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 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. 4. Utilities. The City will 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 23 CFR 645 "Utilities" which is incorporated herein by reference. G. AUDIT. 1. The City will comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A -133, which are incorporated herein by reference. 2. As provided under Minnesota Statutes Section 1.6C.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 seven years. The City will be responsible for any costs associated with the performance of the audit. H. MAINTENANCE. The City assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. I. 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 ofbids or proposals), acts or omissions in performing the Project work, and any ultra vines acts. The City will indemnify, defend (to the extent permitted by the Minnesota Attorney (Mn"DOT Agreement No. N: \FedAid \Agreemcnt\latest samplesA 82 -000 -000 new hope DCP Agency Agreement 06.doc 215;00 Page 5 General), and hold Mn/DOT harmless from any claims or costs arising out of or incidental to the Proj ect(s), 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 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 Proj ect(s), 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 bid solicitation and will provide the required Federal -aid provisions to be included in the Proposal for Highway Construction. Mn/DOT will review and certify the DBE participation and notify the City when certification is complete. If certification of DBE participation (or good faith efforts to achieve such participation) cannot be obtained, then City must decide whether to proceed with awarding the contract. Failure to obtain such certification will result in the project becoming ineligible for federal assistance, and the City must make up any shortfall. 4. Mn/DOT will provide the required labor postings. C. PAYMENTS 1. Mn/DOT will receive the federal funds to be paid by the FHWA for the Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2. 2. Mn/DOT will reimburse the City, from said federal funds made available to each Project, for each partial payment request, subject to the availability and limits of those funds. Upon completion of the Project(s), Mn/DOT will perform a final inspection and verify the federal and state eligibility of all the payment requests. If the Project is found to have been completed in accordance with the plans and specifications, Mn/DOT will promptly release any remaining federal funds due the City for the Project(s). 4. In the event Mn/DOT does not obtain funding from the Minnesota Legislature or 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 (Mn`DOT Agreement No. ) N:AFedAid \Agreement \latest samples \182 - 000 -000 new hope DCP Agency Agreement 06.doc 1'5"00 Page 6 process the federal aid reimbursement requests. D. AUTHORITY. Mn/DOT may withhold federal funds, where Mn/DOT or the FHWA determines that the Project(s) was not completed in compliance with federal requirements. 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. 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. IV. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this agreement without prior written approval of the other party. V. AMENDMENTS. Any amendments /supplements to this Agreement will be in writing and executed by the same parties who executed the original agreement, or their successors in office. VI. AGREEMENT EFFECTIVE DATE. This agreement is effective upon execution by the appropriate State officials pursuant to Minnesota Statutes Section 16C.05. VII. CANCELLATION. This agreement may be canceled 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 cancellation the City will be entitled to reimbursement for Mn/DOT- approved federally eligible expenses incurred for work satisfactorily on the Project to the date of cancellation subject to the terms of this agreement. (Mn,'DOT Agreement No. ) N:\.FedAid\,Agreement \latest samples \182- 000 -000 new hope DCP Agency° Agreement Wdoc 2115/00 Page 7 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 1. CITY City certifies that the appropriate person(s) have executed the contract on behalf of the City as required by appli ble articles bylawA,,f solutions or ordinances By: By 2. DEPARTMENT OF TRANSPORTATION By: C < ' Title: krector. State Aid for Local Transportation Title: Date: 7 OF ADMINISTRATION (Mn/DOT Agreement No. } N: \FedAid \.Agreement \latest samples \182- 000 -000 new hope DCP Agency Agreement 06.doc 2i5 /00 Page 8 COUNCIL 11 611116 1 18 1101 9 Originating Department I Approved for Agenda I Agenda Section Community Development January 14, 2008 Consent By: Kirk McDonald, City Manager By: & CD Director Eric Weiss, CD Intern Item No. 6.16 Resolution approving agency agreement between the city of New Hope and Minnesota Department of Transportation (Mn/DOT) allowing for Mn/DOT to act as the city's agent in accepting federal aid in connection with the Safe Routes to School project at Sunny Hollow Elementary School (Improvement Project Requested Action Staff requests that the City Council approve a resolution authorizing approval of an agency agreement between the City of New Hope and Mn/DOT for the Safe Routes to School 2007 grant program. The grant will provide for traffic management improvements that will improve the safety of children walking or bicycling to Sunny Hollow Elementary. The resolution will allow Mn/DOT to accept federal funding relating to the project on behalf of the city. Funds will be distributed to the city from Mn/DOT on a reimbursement basis. Policy /Past Practice City departments periodically apply for grants that aid in the initiation and /or continuation of projects that will benefit the city and its residents. Background The Safe Routes to School grant program is intended to help cities improve walking/bicycle access to local K -8 schools. The city applied for, and was awarded, a grant in the amount of $31,200 for infrastructure and non - infrastructure improvements at Sunny Hollow Elementary School. The infrastructure improvements will include $28,200 in federal funding available for the purchase and installation of three (3) solar powered driver feedback signs in the school zone surrounding Sunny Hollow Elementary. Two signs will be installed on Medicine Lake Road, one facing the east traffic and one facing the west traffic. The third sign will be installed on Boone Avenue facing the south traffic. Non - infrastructure funds, in the amount of $3,000, will be used for educational and program improvement at the school relating MOTION BY t j SECOND BY 1 I: \RFA \PLANNING \Improvement Projects \Q & R- Safe Routes Agency Agreement.doc Request for Action, Page 2 of 2 January 14, 2008 to traffic and pedestrian safety. Funding The Safe Routes to School Grant does not require a match from the city. The city was awarded a grant of $31,200 for the improvements. The project will be a reimbursement project. The city will apply to 1V1n/DOT for reimbursement funds, and upon approval of expenses, will be refunded for project related costs. Next Steps Following resolution approval, the city will be able to begin expenditure of funds. The city will solicit bids for the purchase and installation of the three (3) solar powered driver feedback signs. Weather permitting; the signs will be installed sometime in the spring of 2008. Non - infrastructure improvements will begin in the spring as well. Project costs will be reimbursed periodically. Attachments - Resolution - Agency Agreement City of New Hope Resolution No. 08 -13 A RESOLUTION APPROVING AGENCY AGREEMENT BETWEEN THE CITY OF NEW HOPE AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION ALLOWING FOR THE DEPARTMENT OF TRANSPORTATION TO ACT AS THE CITY'S AGENT IN ACCEPTING FEDERAL AID IN CONNECTION WITH THE SAFE ROUTES TO SCHOOL PROJECT AT SUNNY HOLLOW ELEMENTARY SCHOOL (IMPROVEMENT PROJECT NO. 826) BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, the Federal Highway Administration (FHWA), the Minnesota Department of Transportation (Mn/DOT) and the City of New Hope have been considering State Project No. 182 - 591 -01, the purchase and installation of three (3) solar powered driver feedback signs and the educational program improvements relating to traffic and pedestrian safety at Sunny Hollow Elementary School located at Medicine Lake Road and Boone Avenue, and WHEREAS, $31,200 in FHWA funds has been made available for the project, of which $28,000 are available for infrastructure improvements and $3,000 for non - infrastructure improvements. Project No. 182- 591-01 will require the city to be reimbursed with federal funds, and WHEREAS, the city will be responsible for maintenance and operation costs associated with the project improvements, and WHEREAS, Mn/DOT has submitted the attached Agency Agreement between the Department of Transportation and the City of New Hope, and NOW, THEREFORE, BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of New Hope to accept its agent, federal aid funds which may be made available for eligible transportation related projects, and BE IT FURTHER RESOLVED, the Mayor and the City Manager 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 in "Minnesota Department of Transportation Agency Agreement No. 92206 ", a copy of which said agreement was before the City Council and which is made a part hereof by reference. Mayor Attest: f / E��.C �r?'1 �1• City Clerk Kirk McDonald Acting City Manager and Community Development Director 4401 Xylon Avenue North New Hope, MN 55428 SUBJECT: SP 182 - 591 -01 and 182- 591 -02, SRTS 2708(075) and 2708(072) Brief description of project Agency Agreement No. 92206 Dear Mr. McDonald: Attached are three copies of the agency agreement between the City of New Hope and Mn/DOT, which allows for Mn/DOT to act as the City's agent in accepting federal aid in connection with the above referenced project. Please review and if approved, have all three copies signed. A Council resolution similar to the example attached, must be passed. The certified resolution should then be placed as the last page in each of the three copies of the agreement. Please verify that the person /title authorized to sign as stated in the resolution, corresponds to the signature (person/title) on the signature page. Please return all three copies of the agreement to me for Mn/DOT signatures. A fully executed copy will be returned to you. If you have any questions or need any revisions, please feel free to contact me at 651 -366- 3822 . (let ely, tte Roshell, PE Development Engineer Enclosures cc: Greg Coughlin - -DSAE File 0 013110164,11 BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of New Hope to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the * (Mayor) and the * (Clerk) 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 in "Minnesota Department of Transportation Agency Agreement No. 92206 ", a copy'of which said agreement was before the City Council and which is made a part hereof by reference. *Titles ofpersons authorized to sign on behalf of the City* STATE OF MINNESOTA COUNTY OF I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented to and adopted by the City of New Hope at a duly authorized meeting thereof held on the day of , 20_, as shorn by the minutes of said meeting in my possession. Cleric Notary Public My Commission expires (SEAL) Minnesota Department of Transportation ��NNEs State Aid for Local Transportation Mail Stop 500, 4th Floor Q 395 John Ireland Boulevard (0 St. Paul, MN 55155 -1899 Office Tel.: 651 366 -3822 Fax: 651 366 -3801 February 7, 2008 Kirk McDonald Acting City Manager and Community Development Director 4401 Xylon Avenue North New Hope, MN 55428 SUBJECT: S.P. 182- 591 -01 and 182- 591 -02, SRTS 2708(075) and 2708(072) . Brief description of project Agency Agreement No. 92206 Dear Mr. McDonald: Attached is a fully executed agency agreement between the City of New Hope and Mn/DOT, 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 Lyn.nette.Roshell@dot.state.nm.us. Si nette Roshell, PE ect Development Engineer Enclosure cc: Greg Coughlin —DSAE Cyndi Degener —MS 215 Richard Walker —MS 215 Betty Brott —OIM Agreement projects and AC agreements only. Delores Bryant - -OCR File Y our organization •. TO: Minnesota Department of Transportation Date: State Project number: SP 182- 591 -01 and 182 - 591 -02 Federal Project number: SRTS 2708(075 ) and 2708(072) Agreement number: 92206 Invoice number: Partial or Final Payment (circle one) Dates this invoice covers danuag 2006 to ,Tune 2006 (for example) Agreement amount List total amount o�project(local and federal share) Work completed to date Briefly list what work has been done Percentage complete: �%. Amount requested this invoice $ddd, ddd, ddd. Amount requested to date $ddd ddd ddd Please forward payment to: Payment requested by: Project manager must sign Approval to pay: GREG COUGHLIN Date: xx/xx/xxxx Enclosures (Include all backup documentation) Mn/DOT Agreement No. 92206 STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF NEW HOPE FOR FEDERAL PARTICIPATION IN PRELIMINARY ENGINEERING and FORCE ACCOUNT FOR S.P. 182 - 591 -01 and 182 - 591 -02; M.P. SRTS 2708(075) and 2708(072) This agreement is entered into by and between City of New Hope ( "City ") and the State of Minnesota acting through its Commissioner of Transportation ( "Mn/DOT "), Pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act as the City's agent in accepting federal funds on the City's behalf for the construction, improvement, or enhancement of transportation financed either in whole or in part by federal funds, hereinafter referred to as the "Project "; and The City is proposing a federal aid project to improve safety for pedestrians and bicyclists in the are of Sunny Hollow Elementary School, A public interest finding has determined that the direct purchase of solar powered traffic calming signs for the project can be completed more economically as a Force Account hereinafter referred to as the "FORCE ACCOUNT"; and The FORCE ACCOUNT is eligible for the expenditure of federal aid funds, and is identified in Mn/DOT records as State Project 182- 591 -01, and in Federal Highway Administration ( "FHWA ") records as Minnesota Project SRTS 2708(075; and The City is proposing a federal aid project in conjunction with the installation of the solar powered signs to educate and encourage school children to walk to school hereinafter referred to as the "Preliminary Engineering;" and The Preliminary Engineering is eligible for the expenditure of federal aid funds, and is identified in Mn/DOT records as State Project 182 - 591 -02, and in Federal Highway Administration ( "FHWA ") records as Minnesota Project 2708(072); and Mn/DOT requires that the terms and conditions of this agency be set forth in an agreement. THE PARTIES AGREE AS FOLLOWS: I. DUTIES OF THE CITY. (Mn /DOT Agreement No. 92206) Page 1 A. DESIGNATION. The City designates Mn/DOT to act as its agent in accepting federal funds in its behalf made available for the Project. B. ELIGIBILITY / COSTS. 1. It is anticipated that 100% (up to $ 3,000) of the cost of the Preliminary Engineering is to be paid from federal funds made available by the FHWA. The City will pay any part of the cost or expense of the work that the FHWA does not pay. 2. It is anticipated that 100% (up to $ 28,200) of the cost of the FORCE ACCOUNT is to be paid from federal funds made available by the FHWA. The City will pay any part of the cost or expense of the work that the FHWA does not pay. 3. Any costs incurred by the City prior to authorization of the Federal Funds, will not be eligible for federal participation. 4. Eligible cost and expense, if approved, may consist of the following: a) The cost of conducting the education and encouragement of biking and walking to school at Sunny Hollow Elementary program. The cost of purchasing the necessary equipment for installation of solar powered traffic calming signs. b) Expenditures for materials, supplies, mechanical data processing and equipment rental, limited to the actual expenditures for the purposes of this agreement. c) 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. 5. Expenditures for general administration, supervision, maintenance and other overhead or incidental expenses of the City are not eligible for federal participation. 6. Acceptability of costs under this agreement will be determined in accordance with 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 hereby incorporated by reference and made a part of this agreement. C. STAFFING. 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 performed under any contract let for the Project. If City elects to use a private consultant for engineering services, the City will provide a qualified, full- (Mn /DOT Agreement No. 92206) Page 2 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 technical service agreements. If Mn/DOT furnishes the services requested, and if Mn/DOT requests reimbursement, then the City will promptly pay Mn/DOT 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 Preliminary Engineering 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 proposals solicitation for the Project as 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 sealed 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 (Mn /DOT Agreement No. 92206) Page 3 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 bid until it has received certification of the Disadvantaged Business Enterprise participation from the Mn/DOT Equal 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 costs. 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 all 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. 2. The City may request partial payments not more than once each thirty (30) days. The Project Engineer will certify each partial payment. 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 detailed breakdown of outside services used and supporting invoices and documentation that costs of outside services have been paid. (b) 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. (c) The invoices will include 100% of eligible charges applicable to the Preliminary Engineering and Force Account so that the prorata (Mn /DOT Agreement No. 92206) Page 4 share of federal and City participation can be applied to the total costs. 4. Following certification 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 costs. G. LIMITATIONS. 1. The City will 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 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 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 M11/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 (Mn /DOT Agreement No. 92206) Page 5 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. I. MAINTENANCE. The City assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. J. 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 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. If certification of DBE participation cannot be obtained, then the City must decide whether to proceed with awarding the contract. Failure to obtain such certification will result in the project becoming ineligible for federal assistance, and the City must make up any shortfall. C. PAYMENTS. 1. Mn/DOT will receive the federal funds paid by the FHWA for the Project, pursuant to Minnesota Statutes § 161.36, Subdivision 2. 2. Mn/DOT will review and certify each partial pay request. Following certification of the partial estimate, Mn/DOT will reimburse the City, from said federal funds (Mn /DOT Agreement No. 92206) Page 6 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 90% 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. If Mn/DOT does not obtain funding from the FHWA or 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 M1i/DOT or the FHWA determines that the Project was not completed in compliance with federal requirements. 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 Kirk McDonald, Acting City Manager and Community Development Director, 4401 Xylon Avenue North, New Hope, MN 55428, phone 763 - 531 -5119 or his successor. B. Mn/DOT's authorized representative is Lynnette Roshell, Minnesota Department of Transportation, State Aid for Local Transportation, 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 (Mn /DOT Agreement No. 92206) Page 7 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 in effect for five (5) years from the effective date or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs first. 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. Remainder of page left intentionally blank (Mn /DOT Agreement No. 92206) Page 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 person(s) have executed the contract on its behalf as required by applicable resolutions, ordinances, or charter provisions By: -a Date: t IGL 6 t.,C tt ✓```f ca��l Title: DEPARTMENT OF TRANSPORTATION By: C �� cs �nn Title: Director State Aid for Local Transportation Date: / b Page 9 (Mn /DOT Agreement No. 92206) STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss CITY OF NEW HOPE ) I, the undersigned, being the duly qualified City Clerk of the City of New Hope, Minnesota, hereby attest and certify that: 1. As such officer, I have the legal custody of the original record from which the attached resolution was transcribed. 2. 1 have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 3. 1 find the attached resolution to be a true, correct and complete copy of the original: RESOLUTION NO. 08-13 RESOLUTION APPROVING AGENCY AGREEMENT BETWEEN THE CITY OF NEW HOPE AND MINNESOTA DEPARTMENT OF TRANSPORTATION (MN /DOT) ALLOWING FOR MN /DOT TO ACT AS THE CITY'S AGENT IN ACCEPTING FEDERAL AID IN CONNECTION WITH THE SAFE ROUTES TO SCHOOL PROJECT AT SUNNY HOLLOW ELEMENTARY SCHOOL (IMPROVEMENT PROJECT 826) 4. 1 further certify that the affirmative vote on said resolution was 5 ayes, 0 nayes, and 0 absent/abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such Clerk and the seal of said City, this 17th day of January, 2008. Valerie Leone, City Clerk (Seal) • i 4401 Xylon Avenue North + New Hope, Minnesota 55428 -4898 + www. ci.new - hope.mn.us City Hall: 763- 531 -5100 + Police (non - emergency): 763- 531 -5170 + Public Works: 763- 592 -6777 + TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 + Police Fax: 763- 531 -5174 + Public Works Fax: 763- 592 -6776 City of New Hope Resolution No. 08 -13 A RESOLUTION APPROVING AGENCY AGREEMENT BETWEEN THE CITY OF NEW HOPE AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION ALLOWING FOR THE DEPARTMENT OF TRANSPORTATION TO ACT AS THE CITY'S AGENT IN ACCEPTING FEDERAL AID IN CONNECTION WITH THE SAFE ROUTES TO SCHOOL PROJECT AT SUNNY HOLLOW ELEMENTARY SCHOOL (IMPROVEMENT PROJECT NO. 826) BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, the Federal Highway Administration (FHWA), the Minnesota Department of Transportation (Mn/DOT) and the City of New Hope have been considering State Project No. 182 - 591 -01, the purchase and installation of three (3) solar powered driver feedback signs and the educational program improvements relating to traffic and pedestrian safety at Sunny Hollow Elementary School located at Medicine Lake Road and Boone Avenue, and WHEREAS, $31,200 in FHWA funds has been made available for the project, of which $28,000 are available for infrastructure improvements and $3,000 for non - infrastructure improvements. Project No. 182- 591-01 will require the city to be reimbursed with federal funds, and WHEREAS, the city will be responsible for maintenance and operation costs associated with the project improvements, and WHEREAS, Mn/DOT has submitted the attached Agency Agreement between the Department of Transportation and the City of New Hope, and NOW, THEREFORE, BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of New Hope to accept its agent, federal aid funds which may be made available for eligible transportation related projects, and BE IT FURTHER RESOLVED, the Mayor and the City Manager 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 in "Mirulesota Department of Transportation Agency Agreement No. 92206 ", a copy of which said agreement was before the City Council and which is made a part hereof by reference. Mayor Attest: City Clerk COUNCIL M(a� Originating Department I Approved for Agenda I Agenda Section Community Development February 25, 2008 Development and Planning Item No. 8.3 By: Kirk McDonald, City Manager ' By: Eric Weiss, CD Intern Resolution awarding contract to ACT Traffic Solutions, Inc. for construction of three (3) solar - powered driver feedback signs for the 2007 Safe Routes to School infrastructure improvements at Sunny Hollow Elementary School (improvement project no. 826) Requested Action Staff requests approval of a resolution awarding the contract for the 2007 Safe Routes to School infrastructure improvements to the low and responsible bidder, ACT Traffic Solutions, Inc., in the amount of $23,555.84. Policy /Past Practice City departments periodically apply for grants that aid in the initiation and /or continuation of projects that will benefit the city and its residents, Background The Safe Routes to School grant program is intended to help cities improve walking/bicycle access to local K -8 schools. An application was submitted on behalf of Sunny Hollow Elementary and $31,200 was awarded for infrastructure and non - infrastructure improvements. The funds will be used to install three driver feedback signs in the Sunny Hollow School Zone and educational programs coordinated among faculty, the Police Department and city staff. The proposed 2007 Sunny Hollow infrastructure project includes improvements in the area of Boone Avenue and Medicine Lake Road. The proposed project involves installation of three solar - powered driver feedback signs intended to improve the safety of students walking and bicycling to school. The City Council authorized staff to proceed with plans and specifications and advertising for bids at its January 14, 2008, meeting. Four bids were received by the February 8 deadline. Two bids included the cost for Motion by Second by I: \RFA \PLANNING \Improvement Proiects \Q & R- Safe Routes Award Contract.doc Request for Action February 25, 2008 Page 2 the purchase and installation of three signs, while the remaining two bids included only the cost for the purchase of the signs. Staff requested two quotes, if possible, from the companies submitting bids. This was done for several reasons. In discussing the project with a variety of sign companies, it was determined that the signs could be installed in -house if the purchase of the signs made installation cost prohibitive. Staff also requested two types of bids so that companies from outside the region could submit bids. There are a limited number of companies that sell solar- powered driver feedback signs and, of those, some are outside Minnesota and do not have Minnesotan contractors to do sign installation. Allowing for two bids, one without installation costs and one with installation costs, opened the application to a wider variety of companies. Funding Bids were received from four firms by February 8, 2008 (see attached listing), with the low bidder being ACT Traffic Solutions, Inc., at $23,555.84. This bid includes the purchase and installation of the three signs. Staff determined that due to low bid amount for the purchase of the signs it would be best to contract ACT Traffic Solutions for the installation as well. The bid is well under the allotted budget of $29,200. The Safe Routes to School Grant does not require a match from the city. The city has received a grant of $31,200, of which $29,200 is allocated for infrastructure improvements and $3,000 for non - infrastructure improvements. The grant is reimbursable by MnDOT. The quote shall remain valid until April 1, 2008. The bid included a completion date of June 1, 2008. Now, staff is contemplating a construction date following the completion of the school year (June 5). Staff has contacted ACT Traffic Solutions, who has stated a later completion date is not an issue and would not change the bid amount. Attachments - Resolution awarding the contract - Copies of the bid tabulations *Includes sales tax Driver Company Location Sign Size Feedback Si g n --- -- 3 Signs Total - Installation Installation of 3 signs Sales Tax Included Shipping Included Project Total $22,118.16 *$23,555.84 ACT Traffic Solutions 3M Shorewood, MN - St. Paul, MN 24 X 30 24 X 30 $5,982.72 $6,775.00 $17,948.16 $20,325.00 $1,390.00 $4,530.50 $4,170.00 $13,591.50 No Yes Yes No $33,916.50 36 X 48 $7,505.00 $22,515.00 $4,601.85 $13,805.55 Yes No $36,320.55 $14,835.00 *$15,799.28 All Traffic Solutions State College, PA $4,815.00 $14,445.00, NA NA No $390.001 Traffic Safety Solutions Spring Valley, NY 30 X 42 $5,958.00 $17,874.00 NA NA Y [ es No $17,874.001 *Includes sales tax City of New Hope Resolution No. 083 7 Resolution awarding contract for construction of three (3) solar- powered driver feedback signs for the 2007 Safe Routes to School infrastructure improvements at Sunny Hollow Elementary School. WHEREAS, driver feedback signs have been shown to be effective in improving the safety of school zones; and, WHEREAS, the faculty at Sunny Hollow Elementary support the construction of three solar - powered driver feedback signs to improve the safety of students walking and bicycling to and from school; and, WHEREAS, the city has received four quotes for the purchase of three solar - powered driver feedback signs, two of which include quotes for installation; and, WHEREAS, the bid in the amount of $23,555.84 from ACT Traffic Solutions, Inc. for the purchase and installation of three solar- powered driver feedback signs is the lowest responsible bid submitted; and, WHEREAS, city staff has recommended that Council award the contract to ACT Traffic Solutions, Inc. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That a contract in the amount of $23,555.84 for the purchase and installation of three solar - powered driver feedback signs is awarded to ACT Traffic Solutions, Inc., and, 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 25th day of February 2008. -) Attest: fT) City Clerk Ma or 31521 City of New Hope Contract With ACT Traffic Solutions, Inc. For valuable consideration as set forth below, this contract dated the 10 day of March, 2008, is made and signed by the City of New Hope (hereinafter "City") and ACT Traffic Solutions, Inc. (hereinafter "Contractor"). 1. CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and specifications, all of which are incorporated hereby by this reference. This Contract shall compromise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Contractor under this Contract (hereinafter the "Work "), is defined in the Quote Proposal Form (request for quote). Any modifications to the work defined in Quote Proposal Form will be made in writing. 3. CONTRACT PRICE The City agrees to pay the contractor $23,555.84 dollars (Twenty Three Thousand five hundred fifty five dollars and 84 cents), payable in accordance with the payment terms of the City of New Hope Instruction to Bidders. Contractor will be charged liquidated damages assessed in the amount of $100 per day for every calendar day that the contract remains uncompleted beyond the 31 st day of October, 2008. Total amount of this contract shall not exceed $23,555.84. Contractor shall complete his performance under this Contract by the 31 day of October 2008. (hereinafter "Completion Date "). 5. INSURANCE /BOND Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C. -701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: $1,000,000.00 b. Automobile Liability for all Automobiles: $1,000,000.00 c. Workman's Compensation: Statutory Amounts Contract Page 2 This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days after the Completion Date and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that the contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City's streets or right -of -ways by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. 6. LAWS REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. 7. INDEMNIFICATION The Contractor agrees to indemnify, defend and hold the City harmless from any damages, including costs and attorney's fees, from any claims, demands, actions or causes of action arising out of any act or omission on the part of the Contractor or its agents, servants or employees in the performance of or with relation to any of the work or services performed or furnished by the contractor under this Contract. 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or notation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. Contract Page 3 9. NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this contract shall be Josh Friesz, ACT Traffic Solutions, Inc., 23585 Yellowstone Trail, Shorewood, MN 55331, (952) 288 -4828. The address of the City for purposes of giving notices and any other purpose under this contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. The contact person for this contract is Shawn Markham, Contract Manager, (763) 592 -6763 IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CIT M M • -7 Its City Manager Contract Page 4 STATE DFMINNESOTA ) )oa. COUNTY OF HENNEPIN The foregoing oknowl edbefore me this 0 day of Yj L&4�� _, 2008, by Martin E. Opem, Sr. and Kirk McDonald, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. VALERIE LEONE lk� NOTARY PUBLIC - MINNESOTA My Commission Expires Jan, 31,2010 Notary Public STATE OFMINNESOTA > )ou. COUNTY OFHENNEP|N ) The foregoing was acknowledged before me on this ;2 9 day of Notary Public NOTARY PUBLIC - MINNESOTA ACT Traffic Solutions ACT Traffic Solutions Inc 23585 Yellowstone Trail Shorewood, MN 55331 Brett Lievers Sales brett . ,acttrafficsolutions.com direct phone: 952 -288 -4830 fax: 952-960-8002 Josh Friesz Sales josh@acttrafficsolutions.com direct phone: 952- 288 -4828 fax: 952- 960 -8002 Page 1 of 1 http:// aettrafficsolutions .com/12222.html 5/1/2008 From: 6 „ett lievers Fax: +1 (952) 960 -8002 To: City of New Hope Fax: +1 (763) 592 -6776 Page 5 of 5 6/26/2008 10:65 CERTIFICATE LIABILITY I MAD LATE P1DC 06 -26 -2008 PRt70t1L'ER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION WAJSAU SIGNATURE AGENCY INC f PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 715081 P.-(866)467-873D F.-(877)538-8295 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, PO SOX 29611 CHARLOTTE NC 28229 INSURERS AFFORDING COVERAGE lummb 111 II M INSURER A: Hartford Casualty Ins Co INSURER B: INSURER C: INSURER D: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ INSR TYPFOFlNBLdft4NCE pOLKy I POLICYEPPEC7YVE POLICYEXPIRAlYON tNN ?8 A C,EAEEAAtL1ABltJTY COMMERCIAL GENERAL LIABILITY CLAIMS MADE L_I '. OCCUR X General Llab 41 SPIM ItTS153 01/14/08 - - 01 EACH OCCURRENCE 41 000,000 _ -. FREDAMAGEfAny one fire) 8380,000 M ED EXP tAny one per ton) 010,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE o2 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PDLICy PRO- X LOC PRODUCTS - COMi'!DP AGG SEXOluded A AUTOAdOd![ELAdKtTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS .: 41 SBM IJ8153 01/14/08 ... 01/14/09 1 - COW EsaeBcdeD's1NGLEUMIT $1,000,000 BODIL” INJURY (Per person) $ X BOlLy INJURY (Per eccldenf) e X PROPERTY DAMAGE (Per. accident) 9 GARAGELIAMtTY ANY AUTO . -_ - AUTO ONLY - EA ACCIDENT e OTHER THAN EA ACC AUTO ONLY: AGG e $ EXGESSL445KlTY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION 9 EACH OCCURRENCE A AGGREGATE 9 4 9 WORKERS COAWNSATIM AAV EA9PLOYEI7&' LLABILITY - WC STATU- 'OTFI- E,L, EACH ACCIDENT " -- e E DISEASE - EA EMPLOYEE 4 El DISEASE - POLCY L MIT e OTHER D ESCRIPTIONGFOPWAYXWMGGA770NI8lV MGLWlEXCLL4WNS AD "DBYENOORBEMfWISPEC/ALFROW &ON8 Those usual to the Insured's Operations, City of New Hope 'is an Additional Insured per the Business Liability Coverage Farm SSOCOB. CERTIFICATE HOLDER X I AD6/TIONALnsisEb;lNSt/RERLmnn A City of New 'Hope 4401 XYLON AVE N NEW HOPE,MN,55428 CANCELLATION SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE,ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE (10 DAYS. FOR NON- PAYMENTI TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AD77iQAWDREPR88F1VTATM .. ACORD 25 -S (71971 ACORD CORPORATION 1886 JUN -26 -2008 10:03AM FAX:6506556633 ID:NEW HOPE PUBLIC WORK PACE:005 R =95%