Title
Authorizing the City to enter into Agreement No.1033859 with the Minnesota Department of Transportation for federal participation in a force account for the Downtown Traffic Signal Enhancements Project.
Body
WHEREAS, the City is implementing a federal aid project to improve traffic operations in the Downtown Saint Paul area; and
WHEREAS, the Minnesota Department of Transportation (MnDOT) is the City’s agent to accept and disburse federal funds for construction, improvement, or enhancement of transportation finance in whole or in part by federal funds as per the Delegate Contract Agency Agreement No. 1030098 entered into between the City of Saint Paul and MnDOT in February of 2018; and
WHEREAS, a public interest finding has determined that construction of portions of the traffic signal interconnect work and the acquisition and implementation of improvements to the City’s central traffic signal system can be completed more economically as a Force Account; and
WHEREAS, the Force Account is eligible for the expenditure of federal aid funds, and is identified in MnDOT records as State Project 164-030-012, and in Federal Highway Administration records as Minnesota Project CMAQ 6219 (176); and
WHEREAS, the estimated cost of the Force Account is $256,000.00 and it is anticipated that 80% of the cost of the Force Account, up to a total of $204,800.00, is to be paid from federal funds and the remainder will be paid for by the City; and
WHEREAS, MNDOT is acting only as the agent for the acceptance and disbursement of federal funds, and not as a principal, or co-principal with respect for the project; and
WHEREAS, one of the terms of the agreement is an indemnification clause which requires the City to “indemnify, defend (to the extent permitted by the Minnesota Attorney General), and hold MnDOT harmless from any claims or costs arising out of or incidental to the Project, including reasonable attorney fees incurred by MnDOT”; and
WHEREAS, the Department of Public Work wishes to enter into this agreement; and
WHEREAS, the City Council finds that the promise of indemnification is appropriate; now, therefore, be it
RESOLVED, that the Mayor and the proper City Officials are hereby authorized and directed for and on behalf of the City to enter into MnDOT Agreement No. 1033859, a copy of which is before Council and is made a part hereof; and
FURTHER RESOLVED, that the Mayor and the proper City Officials are authorized to execute the Agreement and any amendments to the Agreement.
Financial Analysis
See Attachment.