IV.7. Subordinate Funding Agreement 08 - SW LRT; ElverumSeptember 26, 2018 Council Report 2018-113
SUBORDINATE FUNDING AGREEMENT 08– SOUTHWEST LRT
Proposed Action
Staff recommends adoption of the following motion: Move to approve Subordinate
Funding Agreement (SFA 08) between the City of Hopkins and the Metropolitan
Council.
With this motion the Subordinate Funding Agreement will be executed.
Overview
Throughout the course of planning for the SW LRT, the City of Hopkins has requested
additional work be added to the project scope in order to achieve our goals for the
station areas. The City has entered into Subordinate Funding Agreements with the
Metropolitan Council, committing the City to pay for the work.
In order to assure that the project stays on schedule through construction, the SW LRT
project office staff have requested that cities execute an agreement that would give city
and Metropolitan Council staff the ability to execute change orders on the work without
Council approval.
The maximum change order that could be approved by staff, without bringing it forward
for City Council approval, is $50,000. The cumulative amount of change orders, without
City Council action, is capped at $250,000. The City Engineer is the designated signer
for the City of Hopkins.
Primary Issues to Consider
The change order terms, as outline in this agreement, are viewed as reasonable and
would be typical of the process used on other major construction projects in the City.
Supporting Information
• Subordinate Funding Agreement (SFA 08)
___________________________
Kersten Elverum
Director of Planning & Development
Financial Impact: $ unknown Budgeted: Y/N __Y___ Source:
Related Documents (CIP, ERP, etc.): _______________________________________
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Reference Numbers:
SWLRT Project: 61001
Metropolitan Council: 14I059H
City of Hopkins: _____________
PROJECT: SOUTHWEST LIGHT RAIL TRANSIT PROJECT
MASTER AGREEMENT: Master Funding Agreement – City of Hopkins
PARTIES TO AGREEMENT: • Metropolitan Council (“Council”)
• City of Hopkins (“City”)
SUBORDINATE FUNDING AGREEMENT
City of Hopkins – 08 (Change Orders)
This Subordinate Funding Agreement (“SFA”) with the City of Hopkins is entered into by and between
the above-named Parties.
WHEREAS:
1. The Parties entered into a Southwest Light Rail Transit Project (“Project”) Master Funding
Agreement (“MFA”) effective April 1, 2015. The parties subsequently amended the MFA on May
14, 2015.
2. The Parties provided in the MFA that certain aspects of funding for the Project would be
determined in subsequent SFAs.
3. The Project scope includes Locally Requested Capital Improvements, hereby referred to as “Local
Work,” for which the City will fund.
4. The Parties contemplate from time to time that the City will authorize transfers to the Council for
changes to Project and Local Work components and agree that execution of a single SFA that
allows the Parties to process multiple small transfers would benefit both parties.
5. The City has delegated authority to its officers and staff as set forth below to enter into change
order agreements under this SFA, where the value of the services provided by the Council for a
single change order does not exceed $50,000 and the aggregate value does not exceed $250,000.
6. The Council has delegated authority to its officers and staff as set forth below to enter into change
order agreements under this SFA, where the reimbursement from the City for a single change order
does not exceed $50,000 and the aggregate reimbursement does not exceed $250,000.
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7. The Parties desire to enter into this SFA in order to facilitate transfers of City funds to the Council
as described below.
NOW, THEREFORE, in reliance on the statements in these recitals, the Parties hereb y agree as follows:
1. Amount of Authorized Funding. The aggregate amount of funding authorized shall not exceed
$250,000, unless authorized in a subsequent agreement or an amendment to this SFA.
2. Specific Funding Agreement The activities to be performed by the Council and reimbursed by
the City will be described in the Change Order Authorizations, substantially in the form outlined
in Attachment 1. Upon execution, the Change Order Authorization is integrated into and made part
of this SFA. The City will reimburse the Council within 30 days after the execution of the Change
Order Authorization.
3. Project Activity Periods. The project activity period for the purposes of this SFA shall be
effective upon execution and shall terminate on the date all costs under this SFA have been
reimbursed, unless terminated earlier consistent with the terms of the MFA.
4. Authorized Signers. In order for a Change Order Authorization under this SFA to be binding on
the City, it must be signed by the City Engineer. In order for the Change Order Authorization to
be binding on the Council, it must be signed by one of the following authorized signers: Council
Authorized Representative (up to $10,000), Construction Manager (up to $20,000), Assistant
Director of Construction (up to $50,000), Director of Construction (up to $100,000), Deputy
Project Director (up to $250,000), Project Director (up to $350,000) or Program Director (up to
$500,000).
5. Incorporation. The terms, conditions, and definitions of the MFA are expressly incorporated into
this SFA except as modified herein.
CITY OF HOPKINS METROPOLITAN COUNCIL
By: By:
Its: Mayor ____ Its:
Date: __________ Date: __________
By:
Its: City Manager
Date: __________
Attachment 1
SUBORDINATE FUNDING AGREEMENT
City of Hopkins – 08 (Change Orders)
Change Order Authorization #
1. Authorized work scope/description of the change funded by this Change Order
Authorization:
.
2. Construction Contract Number # .
3. Construction Change Order # .
4. Amount payable by the City to the Council for this Change Order shall not exceed $
without further authorization from the City.
5. The asset that is the subject of this Attachment will, upon completion of the Project, be
owned by the: [City] or [Council].
6. The terms, conditions, and definitions of the Southwest Light Rail Transit Project Master
Funding Agreement dated ## and SFA ##, entered by and between the Parties, are
expressly incorporated into this Change Order Authorization.
CITY OF HOPKINS METROPOLITAN COUNCIL
By: By:
Its: Its:
Date: Date: