6.3. SR 06-09-2003 Howard R, Green Oompany
Item # 6.3.
June 4, 2003
File: 816600-0060
The Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: TRUNK HIGHWAY 10/MAIN STREET INTERSECTION IMPROVEMENTS
Dear Council Members:
As I reported to the City Council in the past, we have been working on preparing the plans and
specifications for the improvement of the Trunk Highway 10 and Main Street intersection. The federal
documentation has been submitted to MnDOT and approved. The plans have been submitted,
revised, and resubmitted and are relatively close to final approval. This project has federal funding
dedicated to it in fiscal year 2005. There is a provision in the MnDOT rules that allows an advance
from the General Municipal State Aid System Account to advance construct federally funded projects.
Essentially, the federal funds would then reimburse the General Municipal State Aid Account in fiscal
year 2005.
Attached for the City Council's consideration arc two resolutions relative to this project. The first
resolution requests MnDOT to advance $338,632.00 (the federally funded portion of the project) from
the General Municipal State Aid Account to allow this project to be constructed in 2003. The second
resolution adopts the attached agency agreement between MnDOT and the City of Elk River, which
allows MnDOT to act as the City's representative in dealing with the federal funds. This is similar to
agreements that have been adopted on other federally funded projects in the past few years. We
would recommend approval of both resolutions.
We arc currently talking to the various stakeholders relative to the timing of the completion of this
project. The most important of these, staff has determined, is the downtown businesses, so we will be
visiting with them first. I have already discussed this with Jeff Gongoll, President of the Elk River
Chamber of Commerce. From his agency's perspective, he will work with whatever timing we work
out with the downtown businesses. We will then follow up with other stakeholders such as Groat
River Energy, the school district, and City police and fire departments. When we have completed this
work, we will report back to the Council with a recommendation relative to the construction time frame
for the improvements.
If you have any questions regarding this information, I will be available at your June 9, 2003 City
Council meeting.
Sincerely,
Howard R. Green Company
Terry J/Maurer, P.E.
TJM:sw
Enclosures
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
RESOLUTION 03-
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION ADOPTING MINNESOTA DEPARTMENT OF TRANSPORTATION AGENCY
AGREEMENT NO. 85163 REGARDING TRUNK HIGHWAY 10/MAIN STREET
INTERSECTION IMPROVEMENTS
BE IT RESOLVED that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of
Transportation be appointed as Agent of the City of Elk River 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. 85163, a copy of which said agreement
was before the City Council and which is made a part hereof by reference.
Passed and adopted this 9th day of June, 2003._
Stephanie A. Klinzing, Mayor
STATE OF MINNESOTA
COUNTY OF SHERBURNE
I hereby certify that the foregoing Resolution is a true and correct copy of the
Resolution presented to and adopted by the City of Elk River at a duly authorized meeting
thereof held on the 9th day of June, 2003, as shown by the minutes of said meeting in my
possession.
Notary Public
My commission expires
Sandra A. Peine, City Clerk
(SEAL)
O:\PROJ\816600J\Res-060203.doc
RESOLUTION 03-
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION
TO APPROVE ADVANCE FUNDING FOR THE TH 101MAIN STREET IMPROVEMENT
(SP 7102-99) FROM GENERAL MSAS ACCOUNT
WHEREAS
the City of Elk River is planning to construct SP 7102-99 (204-113-12) in 2003
which has been programmed by the ATP in the STIP or work plan for 2005, and
WHEREAS
said City is prepared to proceed with the construction of said project through the
use of advance encumbrance from the General CSAH/MSAS Account to
supplement the available fund in their State Aid Construction Account, and
WHEREAS repayment of the funds so advanced will be made from Federal funds no later
than the year in which the project has been programmed by the ATP.
NOW, THEREFORE, BE IT RESOLVED that the Commissioner of Transportation be and is
herby requested to approve this advance for financing SP 7102-99 (204-113-12) of the City of
Elk River in an amount up to $338,632 in accordance with Minnesota Rules 8820.1500,
Subparagraph 9 or Subparagraph 10b, and to authorize repayments from their state aid account
or from local funds within a requested approved repayment schedule should said project fail to
receive Federal funds for any reason.
Stephanie A. Klinzing, Mayor
I hereby certify that the above is a true and correct copy of a resolution presented to,
and adopted by, the City of Elk River, State of Minnesota, on the 9th day of June, 2003.
ATTEST:
Sandra A. Peine, City Clerk
O:\PROJ\816600J\Res-060203-State Aid.doc
Mn/DOT Agreement No. 85163
STATE OF MINNESOTA AGENCY AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
AND
CITY OF ELK RIVER
FOR FEDERAL PARTICIPATION IN ADVANCE CONSTRUCTION
FOR
S.P. 204-113-12; M.P. STPX 7105(009)
This agreement is entered into by and between the City of Elk River ("City") and the
State of Minnesota acting through its Commissioner of Transportation ("Mn/DOT"),
Agency Agreement No. 84231 has been executed between the City and Mn/DOT, which
appoints Mn/DOT as agent for the City with respect to the receipt of transportation related
federal funds, and sets forth duties and responsibilities .for letting, payment, and other procedures
for a federally funded contract let by the City; and
The City is proposing a federal aid project to reconstruct the intersection of Trunk
Highway 10 and Main Street, revise the intersection and construct turnlanes, hereinafter referred
to as the "Project"; and
The Project has been determined to be eligible for the expenditure of federal aid funds
and is programmed in the approved STIP for the fiscal year 2005; and the project is identified in
Mn/DOT records as State Project 204-113-12, and in Federal Highway Administration records as
Minnesota Project STPX 7105(009); and
The City desires to proceed with the construction of the project in advance of the year it
is programmed for the federal funds; and
It is permissible under Federal Highway Administration procedures to perform advance
construction of eligible projects with non-federal funds, with the intent to request federal funding
for the federally eligible costs in a subsequent federal fiscal year, if sufficient funding and
obligation authority are available; and
The City desires to temporarily provide City State Aid and/or other local funds in lieu of
the federal funds so that the project may proceed.
Mn/DOT requires that the terms and conditions of this agency be set forth in an
agreement.
(Mn/DOT Agreement No. 85 1 {53)
Page 1
II.
III.
IV.
THE PARTIES AGREE AS FOLLOWS:
DUTIES OF THE CITY.
Ao
The City will let a contract and construct the Project in accordance with Agency
Agreement No. 84231. Payment provisions for federally eligible costs will be as
stated herein.
Bo
It is estimated that the total cost of the Project is $ 423,300 and that the
anticipated federal funding will be capped at $ 338,632. The remaining share will
be paid by the City.
Co
Request for reimbursement of the federal aid share of the federally eligible costs
will be made after October 1, 2004, or earlier if funding and obligation authority
are available (subject to the Area Transportation Partnership (ATP) policy).
Do
If the project is converted to federal funding before completion and final
acceptance, requests for reimbursement will occur as partial estimates in
accordance with Agency Agreement No. 84231.
Eo
The City will pay any part of the cost or expense of the Project that is not paid by
federal funds.
DUTIES OF Mn/DOT.
Ao
Mn/DOT will make the necessary requests to the FHWA for authorization to use
federal funds for the Project and designation as an Advance Construction project.
Bo
Mn/DOT will request the conversion of the Project to federal funding of eligible
costs, between October 1, 2004 and January 31, 2005, or earlier if funding and
obligation authority are available.
At such time that the project is converted to federal funding and such funding is
received by Mn/DOT, Mn/DOT will reimburse to the City the federal aid share of the
federally eligible costs, previously provided by the City. Reimbursement for City
State Aid funds used in lieu of federal funds, will be deposited in the City's State Aid
Account. Reimbursement for other City funds used in lieu of federal funds will be
forwarded to the City.
ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this
agreement without prior written approval of the other party.
TERM OF AGREEMENT. This agreement is effective upon execution by the
appropriate State officials, 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.
(M/ffDOT Agreement No. 85163)
Page 2
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.
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 performed on the Project to the date of cancellation subject to the terms of
this agreement.
(Mn/DOT Agreement No. 8fi ] 63)
Page 3
1. CITY
City certifies that the appropriate person(s)
have executed the contract on behalf of the City as
required by applicable articles, bylaws, resolutions, or ordinances
By:
2. DEPARTMENT OF TRANSPORTATION
By:
Title: Director,
State Aid for Local Transportation
Title:
Date:
By:
Date:
3. COMMISSIONER OF ADMINISTRATION
By:
Title:
Date:
Date:
4. ATTORNEY GENERAL
As to form and execution
By:.
Date:
(MnlDOT Agreement NO. 8.5 163)
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