4.8. SR 09-16-2013 City of
Elk - Request for Action
River O.
To Item Number
Mayor and City Council 4.8
Agenda Section Meeting Date Prepared by
Consent September 16, 2013 Justin Femrite, City Engineer
Item Description Reviewed by
Cooperative Agreement with MnDOT for Cal Portner, City Administrator
Placement of Mississippi River Trail Signage Reviewed by
Action Requested
Adopt by motion attached resolution approving the Mayor and City Engineer to execute a cooperative
agreement with MnDOT for the signage of the Mississippi River Trail (MRT) on city streets.
Background/Discussion
MnDOT is preparing plans and contracts to sign the Mississippi River Trail through Minnesota. The
segment of the route through Elk River is scheduled to be signed in 2014. Attached are the documents
that have been prepared for approval to allow MnDOT and their contractor access to the city right-of-
way for placement of the required signage. Staff has reviewed the sign plan and had MnDOT incorporate
a number of suggested modification that include the placement of the MRT signs on existing sign posts
to reduce the number of obstructions along the roadway in already congested locations.
Financial Impact
There is no direct financial impact associated with this request. Through the agreement MnDOT is fully
responsible for the costs of installing the proposed signs. The city will be responsible for the costs of
future replacements when needed.
Attachments
• Resolution
• Cooperative Agreement
• Sign Plan
P a w E A E U a r
NaA f RE]
City of
Elk
River
Resolution 13-
A Resolution of the City of Elk River to Enter into an Agreement
Authorizing MnDOT to Install Mississippi River Trail Signage
BE IT RESOLVED that the City of Elk River ("City") enter into MnDOT Agreement No.
04445 with the State of Minnesota,Department of Transportation ("State"), to provide for
the State to enter upon city right-of-way to install Mississippi River Trail signing along the
designated Mississippi River Trail route on City roadways and for the City to provide for
proper maintenance of the route signing. Such work will be conducted under State Project
No. 8825-486.
IT IS FURTHER RESOLVED that the Mayor and the City Engineer are authorized to
execute the Agreement and any amendments to the Agreement.
Passed and adopted this 16f day of September,2013.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
row € R10 8
NATUREI
Mn/DOT Contract No: 04445
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY OF ELK RIVER
COOPERATIVE CONSTRUCTION
AGREEMENT
State Project Number(S.P.): 8825-486 Estimated Amount Receivable
Fed.Project Number(S.P.): SB11MN(007) None
Trunk Highway Number(T.H.): Various Routes
State Aid Project Number(S.P.): 088-060-002
State Aid Project Number(S.P.): 091-060-103
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation("State") and
CITY OF ELK RIVER acting through its City Council("City").
Recitals
1. The State will perform Mississippi River Trail(MRT) sign installation construction and other associated
construction upon, along and adjacent to various Trunk Highways, County Roads, City Streets,Township
Roads, or trails according to State-prepared plans, specifications and special provisions designated by the
State as State Project No. 8825-486 ("Project");and
2. The City has stated its support of the development of the Mississippi River Trail(MRT)which traverses City
roadways and trails in accordance with Resolution of Support dated September 17, 2012; and
3. The State wishes to sign the route and will do so through a construction contract; and
4. The State requests that the City grant the State and its contractor the right to enter upon City right of way or
property for the purpose of installing the MRT signs, including posts and hardware as needed, along the
designated routes; and
5. The State requests and the City agrees to maintain the signs in accordance with City standard maintenance
practices; and
6. Minnesota Statutes § 160.266, subdivision 4 authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority to establish, develop, maintain, and operate
the bikeway and to interpret associated natural and cultural resources.
Agreement
1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits
I.I. Effective elate. This Agreement will be effective on the date the State obtains all signatures required by
Minnesota Statutes § 16C.05, subdivision 2.
1.2. Expiration date.This Agreement will expire when all obligations have been satisfactorily fulfilled.
1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive
in order to give effect to their meaning will survive the expiration or termination of this Agreement,
including, without limitation, the following clauses: 4. Maintenance by the City; 7. Liability; Worker
Compensation Claims; 9. State Audits; 10. Government Data Practices; 11. Governing Law; Jurisdiction;
Venue; and 13. Force Majeure.
1.4. Renewal of Contract. At the time the MRT sign panels require systematic renewal,the parties will review
this agreement.
-1-
Mn/DOT Contract No: 04445
1.5. Plans,Specifications,Special Provisions. Plans, specifications and special provisions designated by the
State as State Project No. 8825-486 are on file in the office of the Commissioner of Transportation at
St. Paul, Minnesota, and incorporated into this Agreement by reference. ("Project Plans")
1.6. Exhibits. Exhibits A (Resolution of Support)for MRT and a proposed route attached and incorporated into
this Agreement.
2. Construction by the State
2.1. Contract Award The State will advertise for bids and award a construction contract to the lowest
responsible bidder according to the Project Plans, at no cost to the City. The State has obtained funding for
the fabrication of the panels and the installation of the signs from the Mississippi River Parkway
Commission of Minnesota agreement SB11MN(007).
2.2. Direction,Supervision and Inspection of Construction.
A. Supervision and Inspection by the State. The State will direct and supervise all construction activities
performed under the construction contract, and perform all construction engineering and inspection
functions in connection with the contract construction. All contract construction will be performed
according to the Project Plans.
B. Inspection by the City. The City sign installation construction covered under this Agreement will be
open to inspection by the City. If the City believes the City participation construction covered under this
Agreement has not been properly performed or that the construction is defective,the City will inform the
State District Engineer's authorized representative in writing of those defects. Any recommendations
made by the City are not binding on the State. The State will have the exclusive right to determine
whether the State's contractor has satisfactorily performed the City participation construction covered
under this Agreement.
3. Permit to Construct
The City, at no cost to the State, hereby grants to the State and its contractor, an immediate right of entry and
permit to perform the sign installation construction,the location of such work is available on the Project Plans.
4. Maintenance by the City.
A. Upon completion of the project, the City agrees to maintain the signs in accordance with City standard
maintenance practices.
B. The State will fabricate a limited number of additional sign panels to replace those panels that may
become damaged or destroyed. The City may request replacement of damaged or destroyed MRT sign
panels, and if available they will be provided at no cost.
5. Authorized Representatives
Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give
and receive any notice or demand required or permitted by this Agreement.
5.1. The State's Authorized Representative will be:
Name/Title: Tim Mitchell, Bicycle and Pedestrian Coordinator, (or successor)
Address: 395 John Ireland Boulevard, Mailstop 315, St. Paul, MN 55155
Telephone: (651)-366-4162
E-Mail: tim.mitchellgstate.mn.us
-2-
Mn/DOT Contract No: 04445
5.2. The City's Authorized Representative will be:
Name/Title: Justin Femrite, City Engineer (or successor)
Address: 13065 Orono Parkway, P.O. Box 490, Elk River, MN 55330
Telephone: (763)635-1051
6. Assignment; Amendments; Waiver; Contract Complete
6.1. Assignment. Neither parry may assign or transfer any rights or obligations under this Agreement without the
prior consent of the other party and a written assignment agreement,executed and approved by the same
parties who executed and approved this Agreement, or their successors in office.
6.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original Agreement, or
their successors in office.
6.3. Waiver. If a party fails to enforce any provision of this Agreement,that failure does not waive the provision
or the party's right to subsequently enforce it.
6.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and
the City.No other understanding regarding this Agreement, whether written or oral, may be used to bind
either party.
7. Liability; Worker Compensation Claims
71. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law
and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes
§ 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other
applicable law govern liability of the City.
7.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
8. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
9. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5,the City's books, records, documents, and accounting
procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor
or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.
10. Government Data Practices
The City and State must comply with the Minnesota Government Data Practices Act Minnesota Statutes Chapter
13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected,received,
stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota
Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State.
11. Governing Law; Jurisdiction; Venue
Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal
proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
12. Termination; Suspension
12.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties.
-3-
Mn/DOT Contract No: 04445
12.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if finding cannot be continued at a
level sufficient to allow for the performance of contract construction under the Project. Termination must be
by written or fax notice to the City.
12.3.Suspension. In the event of a total or partial government shutdown,the State may suspend this Agreement
and all work,activities and performance of work authorized through this Agreement.
13. Force Majeure
Neither parry will be responsible to the other for a failure to perform under this Agreement(or a delay in
performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a
party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God,
labor disputes,acts of war or terrorism, or public health emergencies.
[The remainder of this page has been intentionally left blank]
-4-
Mn/DOT Contract No: 04445
CITY OF ELK RIVER DEPARTMENT OF TRANSPORTATION
The undersigned certify that they have lawfully Recommended for Approval:
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions or ordinances, By:
(District Engineer)
t`
By: Date:
Title: ` Approved:
Date: �(J C.�� ✓_ �1 /C�� 26�/`�� By
(State Design Engineer)
By: / Date:
Title:
Date:. f- D 20 J COMMISSIONER OF ADMINISTRATION
By:
(With delegated authority)
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS
EXECU'T'ION.
-5-
CITY OF ELK RIVER
RESOLUTION
IT IS RESOLVED that the City of Elk River enter into Mn/DOT Agreement No. 04445 with the
State of Minnesota, Department of Transportation for the following purposes:
To provide for the State to enter upon City Right of Way to install Mississippi River Trail
signing along the designated Mississippi River Trail route on City roadways and for the City to
provide for proper maintenance of the route signing. Such work will be conducted under State
Project No. 8825-486, on various Trunk Highway routes.
IT IS FURTHER RESOLVED that the and the
(Title)
are authorized to execute the Agreement and any
(Title)
amendments to the Agreement.
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council
of the City of Elk River at an authorized meeting held on the day of
2013, as shown by the minutes of the meeting in my possession.
(Signature)
Subscribed and sworn to before me this
day of , 2013 (Type or Print Name)
Notary Public (Title)
My Commission Expires
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Mississippi River Trait(MRT)
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RESOLUTION 12-
A RESOLUTION OF THE CITY OF ELK RIVER
STATING ITS SUPPORT FOR THE DEVELOPMENT OF THE MISSISSIPPI
RIVER TRAIL (U.S.BICYCLE ROUTE 45).
WHEREAS, bicycle tourism is growing industry in North America,presently
coiitxibtituig,,ipproxi.iiiatelv$47 billion dollars year nationally to the
economies of con-anunities that provide facilities for said tourism;and
V/HERE AS, the American Association of State I-ligliw,,i3,and rraiispoi:t,.itioii Officials
(AASI-ITO) has designated corridor-,along the Mississippi River to be
developed as United States Bike Route 45;and
\�'HEREAS, the Minnesota Department of Transportation has convened several public
meetings during the previous eighteen months locally and throughout the
river's corridor to gather information,review route alternatives and to
i provide assistance;and
�4
WHEREAS, the Mintiesota.Department of Transportation in cooperation with road and
trail authorities have proposed a specific route to be designated as the
Mississippi River Trail (USBR 45),a map of wl-dch is lie-rein incorporated 01 1
into this resolution by reference;and
WHEREAS, the proposed 1�,Iississippd River Trail(USBR 45) traverses through 1'.1k River
and is expected to provide a benefit to local residents and businesses;and
\' HEREAS, the Minnesota Department of Transportation will continue to maintain at
statewide mapping and information regarding Mississippi River Trail (USBR
45),convene meetings and facilitate the resolution of issues and future
alignnient revisions within the State,
WHEREAS, the City of Elk River has duly considered said proposed route and
deteniii-ned it to be a suitable route through the City of Elk River and desire
drat the route be formally designated so that it can be appropriately napped
and sign ed,thetebyproinoting bicycle tourism locally and throughout
Iffinnesota along the Mississippi River.
NOW THEREFORE IT IS HEREBY RESOLVED by the City of Elk River hereby
expresses its approval and support for the development of the Mississippi River Trail (USBR
45)and requests that the appropriate government officials take action to officially designate
tl�c route accordingly as soon as possible.
1h
Passed and adopted this 17"'day of September 2012,
ayor
joll DietO
ATIIESIII.
I11na Allard, City Clerk
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