4.3. SR 02-24-1997ITEM 4.3.
City of
iver
MEMORANDUM
Mayor & City Council
FROM: Pat Klaers, City Administrator
DATE: February 24, 1997 '~~
SUBJECT: MnDOT Agreement
Attached for your review is the Agreement between the city and MnDOT
which covers the responsibility for maintenance of the three lights that are in
the Park and Ride on the east side of Highway 169 south of Main Street.
Consistent with our previous agreements, the attached document requires
that the city be responsible for the cost of the electricity and the maintenance
of the lights. MnDOT financed the purchase and installation of the lighting
system. We have entered into similar agreements with MnDOT in the past
which covered signals and lights at signalized intersections.
Recommendation
It is recommended that the City Council approve the attached MnDOT/City
lighting Agreement.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
MINNESOTA TRANSPORTATION DEPARTMENT
HIGHWAY LIGHTING
AGREEMENT NO. 74812M
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF ELK RIVER
FOR
Maintenance and Electrical Energy for the Highway Lighting System
at the Park and Ride Lot on Trunk Highway No. 169 South of Main
Street in Elk River, Sherburne County, Minnesota.
C.S. 7106
Prepared by Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE
None
AMOUNT ENCUMBERED
None
Otherwise Covered
THIS AGREEMENT made and entered into by and between the
State of Minnesota, Department of Transportation, hereinafter
referred to as the "State", and the City of Elk River,
hereinafter referred to as the "City", WITNESSETH:
WHEREAS, Minnesota Statutes Section 161.20 (1994)
authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority
for the purposes of constructing, maintaining and improving the
Trunk Highway system; and
WHEREAS, it was considered mutually desirable to
install a highway lighting system at the Park and Ride Lot on
Trunk Highway No. 169 South of Main Street; and
WHEREAS, the City and State will share in the
maintenance and electrical energy of the highway lighting system
as hereinafter set forth;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The State has installed said highway lighting
system, at its own cost and expense in accordance with the plan,
and as shown in Exhibit "A" attached hereto and made a part
hereof.
2. At the highway lighting system provided for
herein, and as shown in Exhibit "A", it shall be the City's
responsibility, at its cost and expense, to provide the necessary
electrical energy for the operation of the highway lighting
system, and to perform all highway lighting system maintenance,
74812M
excluding knockdowns of the highway lighting units, which shall
be the State's responsibility, at its own cost and expense.
3. Any and all persons engaged in the aforesaid work
to be performed by the State shall not be considered employees of
the City and any and all claims that may or might arise under the
Worker's Compensation Act of this State on behalf of said
employees while so engaged, and any and all claims made by any
third party as a consequence of any act or omission on the part
of said employees while so engaged on any of the work
contemplated herein shall not be the obligation and
responsibility of the City. The State shall not be responsible
under the Worker's Compensation Act for any employees of the
City.
74812M
2
APPROVED AS TO FORM:
CITY OF ELK RIVER
City Attorney
By
Mayor
(City Seal)
By
City Administrator
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION
District Engineer
Operations Division
By
Assistant Commissioner
Dated
APPROVED AS TO FORM AND EXECUTION:
DEPARTMENT OF ADMINISTRATION
Assistant Attorney General
State of Minnesota
By
Dated
DEPARTMENT OF FINANCE
By
Dated
74812M
3
RESOLUTION
BE IT RESOLVED that the City of Elk River enter into an
agreement with the State of Minnesota, Department of
Transportation for the following purposes, to wit:
To provide certain maintenance and electrical energy
for the highway lighting system at the Park and Ride
Lot on Trunk Highway No. 169 South of Main Street in
accordance with the terms and conditions set forth and
contained in Agreement No. 74812M, a copy of which was
before the Council.
BE IT FURTHER RESOLVED that the proper City officers be
and hereby are authorized to execute such agreement, and thereby
assume for and on behalf of the City all of the contractual
obligations contained therein.
CERTIFICATION
State of Minnesota
County of Sherburne
City of Elk River
I hereby certify that the foregoing Resolution is a
true and correct copy of a resolution presented to and adopted by
the Council of the City of Elk River at a duly authorized meeting
thereof held on the day of , 1997, as
shown by the minutes of said meeting in my possession.
(Seal)
Ciny Clerk
O p.p, *'l