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1f. Approve Agreement of the Metropolitan council Transit Capital Financial Assistance for Villages on the Pond
. CITYOF - 2 .., .i, 0., , CHANHASSEN 0 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Action by City Administrator Endorsed V DWA" MEMORANDUM Modified Rejected TO: Don Ashworth, City Manager Date--4., / T 4 2,_. Date Submitted to Commissir,^ FROM: Bob Generous, Senior Planner -- --- Date SuCn;+t;d to Council DATE: February 18, 1997 SUBJ: Grant Agreement between the Metropolitan Council and the City of Chanhassen for a Transit Facility within the Villages on the Ponds Project BACKGROUND In July 1996, the City of Chanhassen was awarded a $190,000 competitive grant through the Metropolitan Council's Regional Transit Capital Funds program for a transit facility within the Villages on the Ponds development. Included in the transit project were bus shelters, bus cut- outs, plaza paving, sidewalks, and street furniture. Staff has been working with the developer's engineer and project architect to develop a final design for the entire project. Since the improvements are for public infrastructure, no site plan review will be required. However, staff will provide the City Council with the final design plans when they are completed. DISCUSSION The development of the transit facility will be undertaken by the developer of the Villages on the Ponds project, AUSMAR Development Company, L.L.C. A separate agreement between the City and the developer will be made specifying the scope of the project. As part of the funding of the project, the City will reimburse the developer for construction of the improvements and then submit a reimbursement request and progress report to the Metropolitan Council. A separate account must be established relating to receipts and expenditures of the grant funds. Maintenance of the completed facility will be the responsibility of the Association for Villages on the Ponds. Southwest Metro will provide bus service using the facility. RECOMMENDATION Staff recommends that City Council authorize the Mayor and City Manager to execute the agreement. Don Ashworth February 18, 1997 Page 2 ATTACHMENTS 1. Agreement 2. Letter from Sunny Jo Emerson to Robert Generous dated 2/12/97 3. Letter from Mark W. Fuhrmann to Robert Generous dated 7/15/96 g:∎planWgUticag�.doc Contract No. SG- 97 -PF -43 ( 1996 Award) AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND CITY OF CHANHASSEN FOR TRANSIT CAPITAL FINANCIAL ASSISTANCE THIS AGREEMENT is entered into this day of , 19, by THE METROPOLITAN COUNCIL, ( "the Council "), and CITY OF CHANHASSEN ( "the Grantee "). WHEREAS, the Council is authorized by Minnesota Statutes § 473.39 to issue bonds to provide funds to implement the Council's transit capital improvement program ( "the Transit CIP "); and WHEREAS, the Transit CIP provides for funding of capital projects such as vehicle acquisition or refurbishment, public transit and support facilities, computer /communication equipment acquisition, transit equipment acquisition, and demonstration projects to assist in providing safe and convenient access to transit services; and WHEREAS, the Council is authorized by Minnesota Statutes § 473.375 to provide financial assistance to operators of public transit in the metropolitan area; and WHEREAS, the Grantee is an eligible recipient for transit capital financial assistance and has applied to the Council for a transit capital grant; and WHEREAS, the proposed project is consistent with the Council's Transit CIP, and the Council desires to assist the Grantee by the award of a transit capital grant. NOW, THEREFORE, the Council and the Grantee agree as follows: L DEFINITIONS 1.01 "Project" means the entire work effort funded in whole or in part by Council grant funds, described in Exhibit A. 1.02 "Council bond proceeds" means funds received by the Council from the intended issuance of Metropolitan Council general obligation bonds to accomplish the Council's Transit CIP. II. GRANT AMOUNT, GRANT PERIOD, AND PAYMENT OF PROCEEDS 2.01 Grant Amount. The Council agrees to make available to the Grantee during the grant period a total grant amount of 5190,000 for the purpose of performing the Project set forth in Exhibit A, which is attached to and incorporated in this agreement. In no event will the Council's obligation under this agreement exceed the total grant amount. The Council shall bear no responsibility for any cost overruns which may be incurred by the Grantee in the performance of the Project. 2.02 Grant Period. The grant period shall commence upon the execution of this agreement and remain in force and effect until December 31, 1998. After that date, all grant funds which have not been expended shall revert to and become part of the Council's Transit Capital Fund and may be reallocated or expended by the Council for other transit capital projects. 2.03 Reimbursement Payments of Grant Proceeds. Except as provided in paragraph 2.04, all payments to the Grantee shall be made on a Reimbursement basis following submission by the Grantee to the Council of satisfactory documentation of grant - eligible expenditures. All documentation of expenditures shall be submitted in a form acceptable to the Council. The Council shall reimburse all grant eligible expenditures not in excess of the total grant amount within thirty (30) days of the receipt of satisfactory documentation from the Grantee. The documentation shall be subject to review and acceptance or rejection by the Council's Regional Administrator. Documentation shall be deemed to be accepted if it is not rejected in writing within ten (10) working days of receipt. 2.04 Joint Payment of Large Expenditures. In the event of an anticipated grant- eligible expenditure in a liquidated amount in excess of $50,000, the Grantee may request a check from the Council for payment of grant proceeds made out jointly to the Grantee and to the contractor or vendor to whom the grant eligible payment is owed. The Council shall issue such a check within thirty (30) days of receipt of satisfactory documentation from the Grantee of a grant - eligible expenditure in excess of $50,000. All documentation shall be submitted in a form acceptable to the Council. The documentation shall be subject to review and acceptance or rejection by the Council's Regional Administrator. Documentation shall be deemed to be accepted if it is not rejected in writing within ten (10) working days of receipt. The Grantee's endorsement on the check will be deemed to be a certification by the Grantee that the full amount of the check is for payment to the joint payee on the check and that no portion of the proceeds of the check will be paid to or retained by the Grantee. 2.05 Reimbursement Request/Progress Reports. To obtain reimbursement under this agreement, the Grantee shall submit a Reimbursement Request/Progress Report on forms provided by the Council. Reimbursement Request/Progress Reports may be submitted once per month, but must be submitted at least semi - annually by December 1 and June 1 of each calendar year of the grant period. The Grantee shall describe the activities undertaken in connection with the grant and shall provide sufficient documentation of grant- eligible expenditures and such other information as the Council's staff reasonably requests. 2.06 Council Fund Requirement. Notwithstanding anything to the contrary in this agreement, the payment of grant proceeds shall be made by the Council within the time frames specified in this article only if the Council has adequate transit bond funds on hand at the time that payment is due. The Grantee acknowledges that, at the time of execution of this grant agreement, the Council may not have issued the Council bonds, the proceeds of which will be used to fund the Council portion of this agreement. III. AUTHORIZED USE OF GRANT PROCEEDS 3.01 Project Costs. The costs of performing the Project as detailed in Exhibit A after July 15, 1996, and before expiration of the _rant period are eligible for payment or reimbursement out of grant proceeds. 3.02 Professional Services Costs. The costs of legal, engineering, architectural, construction site management. design services, soils testing, preparing bidding or proposal specifications, or project management services directly necessary to perform the Project are eligible for payment or 9--' • reimbursement out of grant proceeds. Such services must be performed by outside firms or individuals. Direct staff costs incurred by the Grantee for these types of services are not grant - eligible costs. The amount of grant proceeds which may be used for these professional services costs must not exceed seven percent (7 %) of the total grant amount. 3.03 Administration Costs of Grant. The Grantee agrees to maximize the use of its own personnel and internal services in taking the steps necessary to perform the Project and minimize the administrative costs associated with the performance of the Project. Grant proceeds may not be used to fund any grant administrative costs. 3.04 Regional Use. The Grantee agrees to perform, operate, and maintain the Project capital assets in a manner consistent with the Council's Transit CIP, and further agrees that it will not adopt any rules or restrictions hindering regional use of the Project capital assets or sell or remove the Project capital assets from regional use without the express written consent of the Council, either during the grant period or for a period of twenty (20) years following. IV. ACCOUNTS, RECORDS, AND AUDIT REQUIREMENTS 4.01 Separate Account; Records. The Grantee agrees to establish and maintain a separate account for the Project and to maintain accurate and complete records and accounts relating to the receipt and expenditure of any and all grant funds. Such accounts and records shall be kept and maintained for a period of at least three (3) years following the expiration of the grant period. All costs charged to the Project must be supported by proper documentation, including properly executed payrolls, time records, invoices, contracts, or vouchers, evidencing in detail the nature and propriety of the charges. 4.02 Audit. The above accounts and records of the Grantee are subject to audit by the Council and may be inspected on the Grantee's premises or otherwise by individuals designated or authorized by the Council at any time following reasonable notification during the grant period and for a period of three (3) years thereafter. V. GENERAL CONDITIONS 5.01 Consultation. The Grantee agrees specifically to review and solicit recommendations and advice from the Council's staff at the earliest possible time if and when the Grantee expects that the following will or may occur: a. The costs for any portion of the Project will be higher than the Grantee's projected costs for that portion of the Project; or b. The total cost of the Project will exceed the total grant amount. If the Grantee, for any reason, determines that the Project or any portion of it should not be undertaken, or that there should be a change in the scope or costs of the Project or any portion of it, the Grantee shall submit to the Council's Regional Administrator a statement describing the situation and giving the reasons for the Grantee's determination. The Grantee may, simultaneously with the submission of the statement or within a reasonable time thereafter, recommend for Council approval alternative projects, activities, uses, expenditures, or allocations of grant funds. -3- 5.02 Compliance With Law. The Grantee agrees to comply with the provisions of all applicable state and federal laws, including those laws pertaining to the use of bond proceeds. This grant is financed with bonds issued in accordance with Federal arbitrage restrictions. The Grantee will not use the grant funds in any way which would cause the bonds to be classified as "Arbitrage Bonds" under the Internal Revenue Code. The Grantee will not take any action that would adversely affect the exemption from federal income taxation of the bonds or omit to take any action necessary to maintain such tax exempt status. Further, the Grantee agrees that it is the Grantee's obligation and responsibility, and not the Council's, to comply with all other laws, regulations, and rules relating to activities undertaken in performing the Project. 5.03 Liability. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The Council's liability shall be governed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes chapter 466, and other applicable law. 5.04 Amendments. The terms of this agreement may be changed by mutual agreement of the parties. Changes shall be effective only upon execution of written amendment(s) signed by authorized representatives of the Council and the Grantee. 5.05 Title to Equipment and Vehicles. Title to any equipment or vehicles purchased with grant funds must remain in the Grantee's name for the time period indicated in paragraph 3.04. Accordingly, the Grantee shall take reasonable measures to protect and defend its title interest and shall keep the equipment and vehicles free and clear of any liens, encumbrances, or other claims. 5.06 Operations and Maintenance. The Grantee agrees to be responsible to operate and maintain the Project in good working order for the time period indicated in paragraph 3.04 and to be responsible for any costs of operation and maintenance of the Project. 5.07 Risk of Loss. The Grantee bears the risk of loss of, damage to, or destruction of any equipment and vehicles purchased with grant funds and any buildings or other improvements to land accomplished in whole or in part with grant funds. At a minimum, the Grantee shall secure appropriate insurance or establish a fund for appropriate self - insurance to cover full replacement value and to protect the Council's investment of regional funds for the time period indicated in paragraph 3.04. 5.08 Equal Opportunity; Affirmative Action. The Grantee agrees to comply with all applicable laws, rules, and regulations relating to nondiscrimination and affirmative action in public purchase, involvement, and use. In particular, the Grantee agrees not to discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, sexual orientation, national origin, marital status, disability, status with regard to public assistance, membership or activity in a local civil rights commission, or age, and to take affirmative action to insure that applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation, and selection for training. In addition, the Grantee agrees to include affirmative action and equal employment provisions in any written contract entered into after the date of execution of this agreement which involves the provision of work or services which will be paid for in whole or in part out of the grant proceeds. 5.09 Permits, Bonds, and Approvals. The Grantee is responsible for obtaining all applicable local and state licenses, permits, bonds, and authorizations necessary for performing the Project. -4- / 5.10 Acknowledgments. The Grantee shall appropriately acknowledge the financial assistance provided by the Council in any promotional materials, press releases, reports, and publications relating to the Project. 5.11 Construction. This agreement is intended to assist in implementing the Council's Transit CIP and Transportation Policy Plan /Development Guide Chapter and shall be interpreted consistently with them. 5.12 Effect of Project Close -out. The Grantee agrees that Project close -out does not invalidate continuing obligations imposed on the Grantee by this agreement. Project close -out does not alter the Council's authority to disallow costs and recover funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any funds due to the Council as a result of later refunds, corrections, or other transactions. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives on the day first written above. METROPOLITAN COUNCIL Approved as to form: By: James J. Solem, Regional Administrator Lynn M. Belgea Assistant General Counsel CITY OF CHANHASSEN By: Its: By: capstd96.doc Its: -5- EXHIBIT A DESCRIPTION OF PROJECT The funds granted under this agreement shall be used to accomplish the project described in the Grantee's original Regional Transit Capital Funds (1996) application excerpt in this exhibit. A -1 A 11:le UpUI1Ld[ L'OL1[IL:II a.:r` =I.1_0 ..AA Working for the Region, Planning for the Future rl I ' F.36 R EGIONAL TRANSIT CAPiTAL(RTC) FUNDING APPLICATION Alin r. " TRUC IONS: Complete and return to Mark Fuhrmann, Office of Transportation and Transit Development, ° n•QUiO'" Metropolitan Council, Mears Park Centre, 230 E. Itth.rtreet, Si . Paul, Minnesota- 55101, so as to be received no later than 5:00 ..m. on 1996. Ph: (612)229 -2722 1. GENERAL INFORMATION APPLICANT city- nf Chpoh;aS. en •. JURISDICTIONAL AGENCY (IF DIFFERENT) MAILING ADDRESS P. 0. Box 147 _ CITY Chanhazsen I STATE MN ZIP CODE55317 4. COUNTY Carver - CONTACT PERSON - Robert Generous TITLE Senior Planner PHONE: 6 )9 . 3 "i7 7 - - 1 7 90 9 0 FAX ( 2 .47 - 5 7 9 II. PROJECT INFORMATION PROJECT NAME Lake Drive East Transit Facility (Villages on the Ponds) BITE PROJECT DE S:.RIPTION Transit facility located with a mixed use development. The facility shall include bus cut -outs, heated bus shelter, pedestrian plaza, and street furniture, signaoe and lightinc. 3 PROJECT AREA- (Area to be served by the project, example, County, City, etc) City of- _Chanhasse.n PROJECT CATEGORY - Check the relevant pores for the type of oroect under either Major or Minor Project category beelow (Choose only ONE Category) ajor Projects: (Total Cost over 525,000) Minor Projects: (Total Cost: s1o,o00 to 525,000) Purpose Replace Rehabilitate New Purpose Replace Rehabilitate New ❑ Vehicle Acquisition ❑ ❑ ❑ ❑ Vehicle Acquisition ❑ ❑ ❑ Public and Support Facilities ❑ ❑ © ❑ Public and Support Facilities ❑ ❑ ❑ ❑ Computer /Communciation ❑ ❑ ❑ ❑ Computer /Communciation ❑ ❑ ❑ ❑ Other Equipments ❑ ❑ ❑ ❑ Other Equipments ❑ ❑ ❑ ❑ Demonstration Projects ❑ ❑ ❑ ❑ Demonstration Projects ❑ ❑ ❑ Y❑ Construction ❑ ❑ © ❑ Construction ❑ ❑ ❑ Complete the Check on the reverse side of this form III. PROJECT FUNDING 1. NON- REGIONALS273 , 000.00 _ .12. REGIONAL S (RTC FUNDS): 190,000. 00 }TOTAL PROJECT COST s' 46. , 000.00 14. PROJECT YEAR(S1 (CIRCLE) 1996 1957 11 3NATUR 4LL �.TITL J� ■e• r" — R0.v\✓t e -TDAT to/q4, r ` TE: Proposals must specifically and direct /v address each criterion to qualify and receive points. Pages in each proposal should be numbered with this pace as number 1. - - _ - . - A -2 Metropolitan Council Working for the Region, Planning for the Future FLE3 February 12, 1997 Robert Generous City of Chanhassen PO Box 147 Chanhassen MN 55317 RE: SG -97 -43 Dear Mr. Generous: Enclosed are two copies of the above noted grant. Please have each copy signed by the authorized official and return both copies to me for execution. After I receive the signed grants and they have been executed, I will return a copy to you with original signatures for your files. Sincerely, - r. Sunny Jo Emei Sr. Finance Clerk 230 East Fifth Street St. Paul, Minnesota 55101 -1634 (612) 291 -6359 Fax 291 -6550 TDD /TTY 291 -0904 Metro Info Line 229 -3780 An Equaf Opportunity Employer AA Metropolitan Council /i Working for the Region, Planning for the Future July 15, 1996 Mr. Robert Generous RECEIVED City of Chanhassen P.O. Box 147 JUL 17 RECD Chanhassen, MN 55317. CITY OF CHANHASSEN RE: Regional Transit Capital Funds Applications - Competitive Selection of Awards for the year 1996 Dear Mr. Robert Generous: The selection process for the above project has been completed by the Metropolitan Council. The following are results relating to application(s) submitted by your organization: Project Name: Regional Dollars Final Results: Requested: Lake Drive East $190,000 funded Competitive selection of applications for funding was based on the recommendations of the Regional Transit Capital Evaluation Committee and subsequent approval by the Metropolitan Council. As the resources available for funding regional transit capital improvements have been very limited, it was not possible to fund all application requests. We hope that during the 1997 legislative session additional funding resources will be made available allowing us to solicit applications for this competitive selection process next year as well. We thank you for participating in the process and hope you would avail of the opportunity to seek funds through this process next year. All applicants are invited to attend a debriefing session at the Mears Park office of Metropolitan Council on Monday, July 29,1996 at Room 2A between 2:00 p.m. and 3:30 p.m to discuss respective grant agreements, funding schedules etc. If you have questions, please call me at 229 -2722 or V.R. Sridhar at 229 -2756. Sin CJ Ls), Mark W. 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