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5.6. SR 03-14-2005 Item 5.6. 13065 Orono Parkway Elk River, MN 55330 February 28, 2005 The Honorable Mayor and City Council Members City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: 1RANSPORTATION ISSUES Dear Council Members: Attached to this memo are three lists of transportation projects. The first list is projects that have been completed the past several years; the second list is projects that are currently being worked by City staff; and the third list is projects that have been discussed or are mentioned in Chapter 4 of the Transportation Plan which prioritizes improvement actions. On Tuesday, February 8,2005 these three lists were presented to the Planning Commission at a work session. There was a significant amount of discussion regarding the third list and what should be the priority for transportation projects going forward. Attached are the approved minutes from the workshop meeting. You will note on page four, after a lengthy discussion the top four projects as ranked by the Planning Commission were the following: . Elk Hills Drive Corridor Study Weighted Score 19 . 19yd A venue Corridor Study for Easterly Section Weighted Score 18 . Corridor Study for School Street Alignment West to Upland Avenue Weighted Score 13 . County Road 44 (Meadowvale Road) Reconstruction Weighted Score 10 At your City Council work session on March 14, 2005 I would like to continue this discussion and ultimately get the City Council's priorities for the top 3 - 5 transportation projects moving forward. After priorities are chosen, I will put together a detailed work plan and tentative schedule for each of the priorities which will then be presented back to the City Council. Once these are approved, we will begin working on the future transportation . .. . project pnontles. Phone: 763.635.1000 Fax: 763.635.1090 www.cLelk-river.mn.us Mayor and City Councilrr ransportation Priorities February 28, 2005 Page 2 At the work session I will be prepared to discuss any of the projects on these lists or any other projects, whether MnDOT initiated, Sherburne County, or City projects. If you have any questions prior to the work session, please call. Sincerely, T2~ City Engineer S:\Engineer\2005 CC memos\02 28 05 priorities.doc COMPLETED TRANSPORTATION PROJECTS The City has been very proactive in looking for opportunities and partners to work together to complete transportation projects throughout the City. Some of the completed projects in the 'past few years are as follows: 1.' Westerri Elk River The City worked with MnDOT using Local Initiative Funds to close three or four access points on 1H 10. MnDOT then participated in the construction of Business Center Drive between Joplin Street and Waco Street. MnDOT also participated in a portion of Business Center Drive/north frontage road because of closures of access points on 1H 10. ,The City established Joplin Street as the main north-south corridor and constructed' the four lane facility, creating a new intersection with 1H 10 which was then signalized. The City also worked with MnDOT to get the Waco Street intersection with 1H 10 signalized. At the completion, there were two signalized intersections that met MnDOT's spacing criteria with no breaks in the highway right-of-way between them. 2. East Elk River Improvements As the City embarked on the deyelopment of East Elk River, they were able to receive Federal funding from Congressman Oberstar's office for the development,land acquisition, and construction of the Twin Lakes Road corridor from 1H 10 to CSAH 13. Additional Federal aid dollars were secured for the reconstruction of 175m Avenue from Twin Lakes Road to Fillmore Street. The City utilized their Municipal State Aid dollars for the reconstruction of Fillmore Street from 175m Avenue to CSAH 12. In working with Sherburne County, who had programmed an improvement on CSAH 12, the City was able to get the County to expand their reconstruction so that the western portion of CSAH 12was rebuilt as a four lane urban roadway. The eastern portion was rebuilt as a two lane rural roadway with wider shoulders. The City then worked with MnDOT to get a signalized intersection at 171st Avenue and 1H 10, which is really the southern end of the Twin Lakes Road corridor. Finally, the City worked with MnDOT using the Local Initiative Funding from MnDOT for the connection. 3. Main Streetl1H 10 Geometric and Signal Improvements The City again secured Federal funding for geometric improvements to the intersection of Main Street at 1H 10, which then allowed the signal to be modified to provide left turn arrows for the Main Street legs of the intersection. 4. 1H 169 Pedestrian Bridge Using Federal funding received from Congressman Oberstar's office, the City was able to construct the pedestrian bridge across 1H 169 just north of School Street to provide a connection from the residential neighborhoods on the east side to the commercial and school facilities on the west side. Completed Transportation Projects January 31, 2005 Page 2 5. School Street Upgrades Over the years the City has used Municipal State Aid dollars for the upgrade of School S~reet, which is now ultimately a four lane roadway from 1H 169 to Proctor Avenue and includes four signalized intersections along the route. 6. CSAH 1 Upgrade The Citywas able to work with Sherburne County on the upgrade of CSAH 1 from 1H . 10 to County Road 32 and get that roadway designed to a four lane urban standard, anticipating residential growth in that portion of the City. The County had initially planned to upgrade it to a two lane rural roadway. Through the City working with the County, the design was changed to a four lane urban design including a detached pathway. S:\Engineer\0131 05 Completed projects.doc TRANSPORTATION PROJECTS CURRENTLY BEING WORKED ON 1. T urnback and reconstruction of County Road 40 (Cleveland Avenue) The City has been working with Sherburne County for the past 12 -18 months, negotiating a turnback of County Road 40 (Cleveland Avenue) between CSAH 12 and CSAH 13. Sherburne County has received a Federal Grant of approximately $700,000 in fiscal year 2006 for the. reconstruction of Cleveland Avenue. This negotiation process is currently at the stage where the City and the County are beginning to discuss specifics of what the turnback agreement will say. Under the terms of the turnback agreement, it is anticipated that the City will lead the design and construction and the County will simply fund their portion. It is anticipated that construction will begin in 2006. 2. Realignment of CSAH 33 and County Road 77 West of rn 169 The City has facilitated several meetings over the past 2 - 3 years involving the City, Sherburne County, the gravel mining landowners, and the owners of small utilities to discuss the realignment of CSAH 33 west ofrn 169 and the realignment of County Road 77 (proctor Avenue) north of the Brentwood Addition, through the gravel mining areas as these areas are mined out and reclaimed for other development. Sherburne County has acquired a Federal Grant in fiscal year 2007 for the paving of this project. The general agreement has been that the mining companies will build the roadbed and provide the gravel base. It is anticipated that in Spring of 2005, Proctor Avenue north of the Brentwood Addition will be closed to traffic and allowed to be mined by the gravel mining companies. After mining is complete, the new roadbed alignments will be established and will be paved in late 2006 or early 2007. The paving project will not only pavethe new alignments, but will continue on the CSAH 33 existing alignment west to CSAH 1, according to Sherburne County. 3. Establish Guidelines for County Road Access in the Northern Third of the City We have begun preliminary meetings with Sherburne County staff in anticipation of the development of the northern third of the City in accordance with the recently approved Comprehensive Plan. The idea is to establish general guidelines of where the best locations are for permanent access points onto County and City roads in the northern third of the City. Also, to provide a policy for temporary access points so that no property will be denied an opportunity to develop due to access issues. We anticipate continuing periodic meetings over the next 12 - 24 months. . 4. rn 169 Environmental and Geometric Study The City has been working with MnDOT, requesting that they take the rn 169 Inter Regional Corridor Plan to the next level. The next level would involve environmental studies and geometric layouts for the eventual upgrade of rn 169 through Elk River to a freeway standard. MnDOT has taken our request a step further and talked to other cities and townships along the TH 169 corridor. It is anticipated that once funding Transportation Projects Update January 31,2005 Page 2 becomes available, MnDOT will pursue a geometric and environmental study of 1H 169 from Elk River to Princeton. This would provide the framework for preserving and/or acquiring right-of-way needed for the upgrading of the highway. It would also involve an extensive series of public involvement meetings with the City to discuss the various options before zeroing in on the chosen design alternative. 5. 1H 10 Alternative Analysis in the Downtown Area The City is pursuing Federal funding through Congressman Kennedy's office for the further alternative analysis of the Inter Regional Corridor Plan in the downtown area of Elk River. As you may be aware, the Inter Regional Corridor Plan calls for an expressway type of highway design elevated approximately 20 feet through the downtown area. Although the City passed a resolution agreeing with the vision for the 1H 10 Inter Regional Corridor, they specifically stated that they felt the alternative of raising the highway needed further study. With our neighbors east and west beginning to look at and plan for the upgrading of 1H 10, the City of Elk River felt it was important to attempt to proceed along this path also. Therefore, we are requesting Federal funding through ~ongressman Kennedy's office to study alternatives in the downtown area. 6. CSAH 1 Reconstruction Sherburne County has begun work on the reconstruction of CSAH 1 from County Road 32 to the north City limits. It is anticipated that the roadway will be reconstructed in a similar fashion with two lanes of traffic, one in each direction with fairly wide shoulders. It is anticipated that there will be minimal geometric and safety improvements made along the way. The City has requested that Sherburne County look for opportunities to place pedestrian facilities along the road in the County right-of-way. Given the terrain in the northern third of the City along CSAH 1, it may be difficult if not impossible to get pedestrian facilities along the entire corridor. 7. Line Avenue Cul-de-sac The City Council in the fall of 2004 directed staff to prepare plans for the cul-de-sacing of Line Avenue at Twin Lakes Road. It is anticipated that plan will be presented to the City Council in March 2005 for approval and authorization to bid. S:\EngineerImprovProj\200S Improvement Projects\Ol 31 05 Transp projects update.doc , POTENTIAL FUTURE TRANSPORTATION PROJECTS 1. County Road 44 (Meadowvale Road) ReconStruction As the City is completing the negotiation for the tumback of County Road 40 and the reconstruction of that particular roadway, County Road 44 would be a likely candidate to pursue the same course of action on in the future. County Road 44 runs north from TH 10 at Upland Avenue along the Meadowvale Road alignment to CSAH 1. 2. School Street Safety Study In June of 2001, a safety study of measures that could be taken to mitigate potential traffic concerns on School Street, particularly in the area of the Senior High School, was undertaken. Although some of the recommendations have been implemented, the entire safety study has not been implemented. This could be implemented easily in the future. 3. Widening of Zane Avenue Through Elk River Crossing There has been much discussion regarding the width of Zane Avenue through the Elk River Crossing Commercial development which contains Wal-Mart, Home Depot, and many smaller commercial entities. We are currently working with Wal-Mart Corporation to acquire more right-of-way/ easement, should this widening of the roadway be undertaken in the future. At this point, no direction has been given as to either widening and/ or studying the widening of Zane Avenue through this commercial area. 4. Elk Hills Drive Corridor Study The Transportation Plan identifies the future need for a roadway corridor from School Street and1H 169 easterly to CSAH 13. This is a corridor Study/public involvement process that could be undertaken. 5. 193m Avenue Corridor Study for Easterly Extension Another corridor that is anticipated to be needed in the future according to the Transportation Plan is the extension easterly of 19yd Avenue as it comes through the Hillside Estates Addition over to Tyler Street and onto CSAH 13. This is another corridor study that could be undertaken at any time. 6. Corridor Study for CSAH 33 to County Road 31 at Anoka County Line We have heard for many years that there is potential for County Road 22 in Anoka County to be turned back to MnDOT and converted to a highway in the future. If that happens, it would bring a substantial amount of traffic to the Sherburne County/Elk River eastern boundary. One of the corridors that the Transportation Plan anticipates needing to accommodate this traffic is a corridor from Co1kty Road 31 at Sherburne County/Elk River eastern boundary to CSAH 33 and on to the interchange at 1H 169. This of course is a Sherburne County road alignment, but the City could certainly take Potential Future Projects January 31, 2005 Page 2 the lead in pushing Sherburne County to study this corridor and identify the future right- of-way needs that could be preservedand/or acquired. 7. Corridor Study for School Street Alignment West to Upland Avenue Another of the corridors that the Transportation Plan identifies as being needed is from School Street at Proctor Avenue westerly to Upland Avenue. This will provide a route for vehicles wanting to go to the northwest, not having to come down to TH 10 and have a short trip on TH 10 over to Upland. Also in the future as the Inter Regional Corridor improvements are undertaken on TH 10, the movement that is currently made to get to the northwestern part of the City may not be possible. This corridor would primarily go through Cretex Companies property. 8. Tyler Street Corridor Study from CSAH 33 to County Road 21 This i~ another corridor that the Transportation Plan identifies as being needed. In the future it would provide a north-south route between CSAH 33 and County Road 21, again, to eliminate traffic jumping on TH 169 for short trip. If this corridor were to be identified, it could be likely acquired as this area of the City will be opened up to additional development in the future, according to the Comprehensive Plan. 9. Corridor Study for County Road 21/221 st Avenue As you are aware, County Road 21 was re~routed down to CSAH 33 as an interim measure when the interchange was constructed at CSAH 33 and TH 169. It has always been anticipated that County Road 21 would ultimately find a route to TH 169 at the intersection of 221st Avenue on the west side ofTH 169. At that point, 221st Avenue, which is a City street, could be turned back to the County and a corridor could be identified at the west end (proctor Avenue) of 221st Avenue westerly to meet CSAH 33. This is again primarily a Sherburne County issue, but as this portion of the City of Elk River develops in the future, it would be good to identify this corridor and preserve the right-of-way. The City could take the lead in identifying these corridors along with County participation. t~ ' ( 10. Corridor Study in Central Elk River to connect CSAH,Xwith Tyler Street 1'~ " This is another corridor that is identified in the Transportation Plan. This is in an area of the City were there a limited number of east-west corridors. The Transportation Plan identified a need for a corridor in the 197" Avenue area that would conriect CSAH 1 with Tyl~r Street. This would also fit well with the Inter Regional Corridor Plan for TH '169, which anticipates a half-diamond at the 197" Avenue intersection with TH 169. 11. CSAH 1 (proctor Avenue) Expansion Just North of TH 10 Another project that the Transportation Plan identifies as being needed in the future is the expansion of CSAH 1 (proctor Avenue) just north ofTH 10 to a four-lane divided roadway with protected left turns. To expand to this type of street section would certainly require some additional right-of-way acquisition, and would likely entail the S:\EngineerImprovProj\200s Improvement Projects\Ol 31 OS Potential future projects.doc Potential Future Projects January 31,2005 Page 3 taking of some homes. This is a project that Sherburne County and the City should have a good grasp of the future plan because the area lying west of Proctor Avenue is likely to be a candidate for redevelopment some time'in the future. 12. CSAH 13 cr win Lakes Road) Corridor Study Another project that the Transportation Plan identifies is the expansion of CSAH 13 and County Road 31 to handle the anticipated traffic increase from the development of this portion of the City and the township to the east, together with the future thought that County Road 22 in Anoka County would become a trunk highway. This again, is a County road facility that the City may want to take the lead in pushing the County to undertake a plan to have an idea of what will need to be constructed in the future so that it can be adequately programmed into the County and City capital improvement programs. 13. CSAH 12 Expansion in Eastern Elk River As we all know, CSAH 12 was upgraded a few years ago. Approximately half of it was constructed as a four-lane urban roadway and approximately the eastern half was constructed as a two-lane rural roadway. Certainly in the future it will need to be constructed entirely as a four-lane urban roadway. As this area of Elk River continues to develop and we see additional development in the township to the east, there will be a future push for this expansion. Again, this is a County road facility, but the City could certainly work with the County to plan for future improvements so that adequate budgeting and capital improvements programming can be undertaken. 14. Develop a Traffic Calming Policy There has been a significant number of instances where existing neighborhoods have come forward and complained about the amount of traffic and/or the speed of traffic through their neighborhood area. Many cities are undertaking traffic calming policies for existing neighborhoods and newly developing areas. Although this seems like a relatively minor undertaking, it would involve input from many different parties, including emergency operations of police and fire, maintenance operations of public works, and city engineering and planning issues, together with elected officials and citizens. It would involve a significant amount of work and effort to come up with a policy that works well for the City. If traffic calming is just undertaken on a "hit and miss" approach, essentially all that happens is traffic problems in one are pushed to another: I would anticipate if the City were to undertake this, it could be a 12 - 18 month process of meetings and discussion to come up with a workable policy for the City Council's consideration. S:\EngineerImprovProj\200S Improvement Projects\Ol 31 05 Potential future projects.doc .. WORKSHOP MEETING NOTES ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, FEBRUARY 8, 2005 Members Present: Chair Ropp, Commissioners Anderson, Lemke, Offerman, Scott and Stevens Members Absent: Commissioner Westgaard Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; Terry Maurer, City Engineer Also Present: Parks and Recreation Commissioner Paige and former Councilmember Kuester 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:29 p.m. by Chair Ropp. 2. Greenway Implementation Strategy Parks and Recreation Commissioner Paul Paige was present to review the recommendation of the Parks and Recreation Commission regarding implementation of the Natural Resource Inventory (NRI). He distributed a memo to the Parks and Recreation Commission from Director of Parks and Recreation Bill Maertz which included the implementation benefits of the NRI, protection and management strategies, and a requested action. Commissioner Paige stated that the Parks and Recreation Commission is soliciting Planning Commission support to form a joint subcommittee between the Commissions and a Councilmember to develop a plan to implement the recommendations of the NRI and to preserve the resources that it identified. Commissioner Stevens stated that he supported the proposal, but is concerned with the City's ability to strictly enforce items like the wetland buffer areas. Commissioner Paige stated that he is familiar with the Chanhassen standards and that there needs to be large community support for this endeavor, and that extensive signage and education will be a key component of certain parts of the process. Commissioner Stevens asked for a more detailed explanation of the transfer of development rights (TDR). Commissioner Paige explained in general how this program would work and cited examples from Washington County, Minnesota and Maryland. The Commission discussed the issue of takings and how this type of program may be hindered by the perception of violating personal property rights. Director of Planning McPherson noted that the ordinance will need to be carefully crafted in order to provide incentives to encourage the use of transfer of development rights or other programs. Commissioner Paige cited the Rice County example in which the cluster ordinance has significant bonus incentives for developing with clusters. Planning Commission Meeting Notes February 8, 2005 Page 2 Commissioner Offerman asked about the status of the tree preservation ordinance. Ms. McPherson stated that the Council will be revisiting the tree preservation ordinance in March when they discuss the proposed plan of action by the Parks and Recreation Commission. The Council's concern with the tree preservation ordinance was equitable treatment of both private property owners and developers. As such, it may mutate into a tree reforestation ordinance, as opposed to tree preservation. Commissioner Anderson stated that he supported the request of the Parks and Recreation Commission for the formation of the subcommittee, but questioned whether or not the wetland buffer and tree preservation ordinances would be delayed for the work of the committee. Ms. McPherson stated that the creation of a TDR program may take a significant number of months in order to gather community support, and that other tools in the toolbox should not be delayed just for that particular program. There will be other overlapping and interconnected ordinances that will work to implement the recommendations in the NRI. Commissioner Stevens asked what the composition of the committee would be. Ms. McPherson stated that she and Mr. Maertz have not had a conversation about the composition of the committee, but it could be comprised of two members from each of the two Commissions and a member of the Council, making it a five-member committee. Commissioner Stevens asked if this would be a permanent committee and how would it operate. It was noted that these details need to be developed. Commissioner Stevens asked how the development rights would be purchased and it was noted that it typically would be via the private market, but if the City wanted to purchase development rights outright, some type of open space and/or park referendum would need to be presented to the citizens for approval. It was the consensus of the Commission to support the Parks and Recreation Commission request for the subcommittee work. 3. Transportation Priorities Discussion City Engineer Terry Maurer provided an overview of the information submitted to the Commission regarding the completed and in progress transportation projects. There were seven items noted as being completed and seven items noted as currently in process. Mr. Maurer stated that the next meeting regarding the reconstruction of County Road 40 will happen February 16th. Mr. Maurer provided credit to Steve Rohlf for taking the lead on the realignment of County Road 33 and County Road 77 in the gravel mining area. County Road 77 north of Brentwood in all likelihood will be closed starting Spring of 2005 to allow mining to occur within the existing road alignment. Mr. Maurer provided an update regarding access guidelines for the area that is currently guided Agricultural and that will be shifted to a Rural Residential land use over the next five years. Staff is working with the County on this project. Mr. Maurer stated that he received news that MnDOT's central office is expected to eliminate the planning funds for evaluating Trunk Highway 169 from Trunk Highway 101 to Princeton. The City had anticipated that MnDOT would take the Inter Regional Corridor Planning Commission Meeting Notes February 8, 2005 Page 3 Plan for TH 169 to the next level. Commissioner Offerman requested information as to the jurisdictional boundary between MnDOT's central office and District 3's office. Mr. Maurer provided a description of how the jurisdictional differences existed. Mr. Maurer stated that regarding the Line Avenue cul-de-sac, the Council will discuss this project at the February 14th workshop meeting. The Commission discussed the merits of closing the median in Twin Lakes Road, which would prohibit left turns northbound from Line Avenue to Twin Lakes Road, and left turns southbound onto Twin Lakes Road from the Marshes of Trott Brook development. Commissioner Lemke asked about the Highway 10 IRC and the raising of Highway 10 in downtown; whether or not the railroad tracks would be raised as well so that Main Street and Jackson could traverse beneath the tracks, as opposed to having to travel over the tracks. Mr. Maurer stated that the IRC consultant indicated that studying the lowering of Highway lOin the downtown area was beyond their scope and this would be one of the alternatives to be evaluated under the new planning funds being requested by the City. Mr. Maurer then reviewed the 14 items that he identified either through ongoing conversations or inclusion in the Comprehensive Transportation Plan adopted by the City in 2004 as to be completed within the short term period. He expanded on Item 3 - the widening of Zane Avenue through Elk River Crossing and provided an update regarding acquisition of right-of-way versus a sidewalk easement. Mr. Maurer indicated that a lO-foot sidewalk easement to be located over the 10-foot parking setback would provide the City an opportunity to widen the road if needed by moving the public sidewalk onto the Wal-Mart property in the sidewalk easement. He stated that he believes, and the Police Chief concurs, that a three-lane configuration will function very well, as opposed to creating a four-lane condition on Zane Avenue. The Commission discussed closing the median at Main Street and Zane Avenue, which would prohibit northbound left turns onto Main Street and would prohibit crossing of the intersection. This would require traffic to exit the development at the south end of Zane (179th Avenue), and utilize Twin Lakes Road to get to Main Street, CSAH 12, or Highway 10. Commissioner Anderson noted that most of the traffic currently occurs at the north end of Zane Street and that once Tractor Supply and Maxsun Furniture are built, the 179th Avenue intersection with Twin Lakes Road will be more fully utilized. Mr. Maurer provided additional explanation regarding development of a traffic calming policy. He reviewed the Bloomington process and that their policy required implementation on a city-wide basis and that inclusion of the public in the process is important. He noted that two policies could be drafted; one to resolve traffic issues in existing developments, and one to be implemented as part of new development construction. Commissioner Stevens noted that well-defmed corridors need to be identified and constructed in order to effectively implement traffic calming. Commissioner Offerman stated that traffic and impacts to children always seem to be issues during public hearings. He felt that sometimes the claims of traffic impacts are exaggerated. He stated he lives on Auburn Street and now that 196th Avenue has been extended to Evans Street, there are no longer traffic issues on Auburn. Mr. Maurer stated that the City is not able to take on all 14 projects and that staff is requesting a recommendation from the Commission to the City Council as to what the City's priorities should be. Planning Commission Meeting Notes February 8, 2005 Page 4 The Commissioners voted on the projects noted by Mr. Maurer. Those projects receiving votes included: County Road 44 (Meadowvale Road) reconstruction Widening of Zane Avenue through Elk River Crossing Elk Hills Drive corridor study 193rd Avenue corridor study for easterly extension Corridor study for County Road 33 to County Road 31 at Anoka County line Corridor study for School Street alignment west to Upland Avenue Tyler Street corridor study from County Road 33 to County Road 21 County Road l/Proctor Avenue expansion just north of Trunk Highway 10 County Road 13/Twin Lakes Road corridor study Other Projects Identified by the Commission: Zane Avenue/Main Street median closure County Road 77 corridor - County Road 1 to 221 st Avenue County Road 40 extension - Fillmore to Jarvis to Highway 10 Highway 10 downtown re-route Main Street/Highway 169 interchange Accelerate the Highway 169 corridor plan 4 votes 1 vote 5 votes 4 votes 1 vote 5 votes 1 vote 2 votes 2 votes 2 votes 1 vote 1 vote 1 vote 2 votes 1 vote The Commissioner further debated the benefits of extending 193rd Avenue versus School Street to the east. The Commission felt that the extension of School Street would reduce the pressure on the CSAH 12/Main Street/Highway 169 intersection. They also felt that this extension would alleviate the need to close Line Avenue or that it would make the closure of Line Avenue more palatable. The Commission also discussed the impact of the Commonweal development at the southwest comer of Main Street and Highway 169. The Commission then provided a weighted vote for the top four projects in order to provide them a priority rank. The projects in priority order for recommendation to the Council were: Elk Hills Drive corridor study 193rd Avenue corridor study for easterly extension Corridor study for School Street alignment west to Upland Avenue County Road 44 (Meadowvale Road) reconstruction Weighted score 19 Weighted score 18 Weighted score 13 Weighted score 10 4. Form Based Zoning This item has been delayed to the April meeting. 5. Set May Tour Date The Commission discussed the merits of an out-of-the-city tour for May. The concern of when the May fishing opener is scheduled was raised. The Commission agreed to consider April 30 or May 7 as possible tour dates. Ms. McPherson indicated that she would utilize email and check the fishing opener date and ask the Commission to review their calendars. Planning Commission Meeting Notes February 8, 2005 Page 5 6. Adjournment Having no further business, the meeting adjourned at 8:45 p.m. Submitted by, 1v11chele McPherson Director of Planning 13065 Orono Parkway Elk River, MN 55330 March 4, 2005 The Honorable Mayor and City Council City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: PROFESSIONAL AND TEQ-INICAL SERVICES MASTER CONlRACT STATE OF MINNESOTA Dear Council Members: Attached is a copy of the State of Minnesota's Professional and Technical Services Master Contract. This is something new that MnDOT is proposing to cities such as Elk River for a way to accomplish minor portions of projects utilizing MnDOT funding. This contract if entered into by the City and the State, allows the City to prepare work orders on City projects for items that are relatively small that MnDOT can help to finance. Our hope is that this process will work well for the potential Trunk Highway 10 access closings that have been discussed with the 2005 Street Reconstruction Project and the King Avenue Parking Lot Improvement. Attached for your consideration is a resolution that MnDOT has provided that if adopted, will allow the Mayor and City Administrator to execute a Professional and Technical Services Master Contract. I will be in attendance at your March 14, 2005 work session, should you have any questions regarding this issue. Sincerely, ;;;;;;frlI~ Terry J. Maurer, PE City Engineer Phone: 763.635.1000 Fax: 763.635.1090 5: \Engineer\200S CC memos \03 14 05 MnDOT Prof & Tech Contract.doc www.cLelk-river.mn.us RESOLUTION OS- A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ENTERING INTO A PROFESSIONAL AND TECHNICAL SERVICES MASTER CONTRACT WITH THE STATE OF MINNESOTA WHEREAS The Minnesota Department of Transportation wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and WHEREAS occasionally opportunities arise for local governments to provide services to MnDOT; and WHEREAS the parties wish to be able to respond quickly and efficiently to such opportunities for collaboration, and have determined that MnDOT having the ability to write work orders against a master contract would provide the greatest flexibility. NOW, THEREFORE, BE IT RESOLVED by the City of Elk River: 1. That the City of Elk River enter into the "State of Minnesota Professional and Technical Services Master Contract" with the Minnesota Department of Transportation. 2. That the property City officers are authorized to execute such contract and any amendments thereto. 3. That the City Engineer is authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts, will provide for payment of the City by MnDOT, and that the City Engineer may execute such work order contracts on behalf of the City without further approval by this Council. Passed and adopted the 14th day of March, 2005. Stephanie Klinzing, Mayor ATTEST: Joan Schmidt, City Clerk S:\Resolutions \2005 Resolutions \Unapproved\MnDOT Master Contract.doc Certification The undersigned, a duly authorized officer of the City of Elk River, hereby certifies that the attached resolution is a true and correct copy of a resolution duly approved by the City Council at a duly authorized meeting. By: Joan Schmidt, City Clerk Date: $: \Resolutions \2005 Resolutions \Unapproved\MnOOT Master Contract.doc , . MnlDOT Contract Number CFMS Contract No. T -Number [INSTRUCTIONS FOR COMPLETING TillS FORM ARE IN [BRACKETS AND UNDERLINED]. FILL IN EVERY BLANK AND DELETE ALL INSTRUCTIONS BEFORE SENDING TillS TO THE CONTRACTOR. ] STATE OF MINNESOTA PROFESSIONAL AND TECHNICAL SERVICES MASTER CONTRACT This master contract is between the State of Minnesota, acting through its Commissioner of Transportation hereinafter referred to as the "State" and [GIVE THE FULL NAME OF THE LOCAL UNIT OF GOVER~MENT INCLUDING ITS ADDRESS] acting through it's [Countv BoardllCitv Council], hereinafter referred to as the "Local Government" . Recitals 1. The parties are authorized to enter into this agreement pursuant to Minnesota Statutes SS 15.061,471.59 and 174.02. 2. Minnesota Statutes Section 161.20, subdivision 2 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. 3. Minnesota Statutes Section 161.3 9, subdivision 1, authorizes another road authority to provide technical and engineering advice, assistance and supervision, and to make surveys and prepare plans for the construction or reconstruction of Trunk Highways when requested by the Commissioner of Transportation. 4. The State wishes to occasionally enter into work order contracts with the Local Government to perform certain work for the State, which the parties agree will enhance the efficiency of delivering governmental services at all levels. 5. Subsequent to the execution ofthis master contract, the parties may enter into work order contracts whereby the Local Government will perform professional/technical and/or non professional/technical services related to the maintenance, repair, design, and construction of state trunk highways within the Local Government's territorial boundaries. The services will be in accordance with one of the "paths" identified below under scope of work. 6. The Local Government represents that it is duly qualified and agrees to perform all services described in this Master Contract and performed under work order contracts to the satisfaction of the State. Master Contract 1 Term of Master Contract 1.1 Effective Date: This contract will be effective on the date the State obtains all required signatures under Minn. Stat. S 16C.05, subd. 2. The Local Government must not accept work under this master contract until this master contract is fully executed and the Local Government has been notified by the State's Authorized Representative that it may begin accepting work order contracts. 1.2 Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the Local Government) for each particular engagement. The work order contract will specify the detailed scope of work and deliverables for that engagement. The Local Government must not begin work under a work order until such work order is fully executed. 1.3 Expiration Date: This contract will expire five years after its effective date. 1.4 Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all work order contracts: 11. Liability; 12. State Audits; 13. Government Data Practices and Intellectual Property; 16. Publicity and Endorsement; 17. Governing Law, Jurisdiction, and Venue; and 21. Data Disclosure. 2/15/2005 "" CFMS Contract No. T-Number 1.5 Exhibits. Sample work order contracts are attached and incorporated into this contract as Exhibits A, Band C. 2 Scope ofWorklDeliverables 2.1 The Local Government, whose relationship to the State under this contract will that be of an independent contractor, may be requested to perform any of the following services under individual work order contracts. 2.1 (a) Path A - Routine Maintenance. The Local Government will provide it's own personnel to perform non-professional/technical services as requested by the State. All services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work. Services provided under a Path A work order may include, but are not limited to; lane or edge striping, pavement message painting, sign repair, guardrail repair, carcass removal, or equipment repair. The Local Government will also provide professional/technical supervisory personnel to oversee the perfonnance of such work and ensure compliance with applicable standards. 2.1 (b) .Path B - Administrative or En2ineerin2 Services. The Local Government will provide it's own personnel to perform professional/technical services as requested by the State. All services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work. Services provided under a Path B work order include, but are not limited to, public relations, graphics preparation, open house set up, engineering services, recommendations/reports for foundations, pavement rehabilitation or environmental documentation, surveying, right of way assistance including acquisition (but excluding the use of eminent domain) and relocation assistance, geometric layouts, or final construction plans. 2.1 (c) Path C - Local A2encv Contracts. The Local Government will provide it's own personnel to perform' professional/technical engineering services in order to let and administer State requested construction projects. These projects may be completed in conjunction with local projects. All services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work. Services provided under a Path C work order include, but are not limited to mill and overlay, seal coat, guardrail, signing or channelization. 2.2 When a need is identified, the State and the Local Government will discuss the proposed work and the Local Government's ability to perform the proposed work. If the Local Government is able to perform such work, the parties will negotiate the specific and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order contract will be limited to one specific project/engagement, although "on call" work orders may be prepared for certain types of services, especially those "routine maintenance" items identified in "Path A". A work order must be fully executed by the parties prior to work being commenced. The Local Government will not be paid for work perfonned prior to authorization by the State. 2.3 Deliverables are the work products created or supplied by the Local Government pursuant to the terms of the contract. Work order contracts will include the details of deliverables to be provided by the Local Government. 3 Responsibilities of the Local Government Each work order will set forth particular requirements for that project/engagement. The following tenns apply to all work orders issued pursuant to this Master Contract. 3.1 The Local Government will furnish and assign a publicly employed licensed engineer (Project Engineer), to be in responsible charge of the project(s) and to supervise and direct the work to be performed under each work order. The services of the Local Government to be performed hereunder may not be otherwise assigned, sublet, or transferred unless approved in writing by the State's authorized representative. This written consent will in no way relieve the Local Government from its primary responsibility of the work. 2/15/2005 2 Mn/DOT Contract Number CFMS Contract No. T-Number 3.2 During the progress of the work on the project(s), the Local Government may authorize its Project Engineer to request in writing specific engineering and/or technical services from the State, pursuant to Minnesota Statutes Section 161.3 9. Such services may be covered by other technical service agreements. If the State furnishes the services requested, the Local Government will promptly pay the State to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current State labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 3.3 The Local Government understands that only the receipt of a fully executed work order contract authorizes the Local Government to begin work under this master contract. Any and all effort, expenses, or actions taken before the work order contract is fully executed is not authorized under Mimlesota Statutes and is undertaken at the sole responsibility and expense of the Local Government. 3.4 The Local Government understands that this master contract is not a guarantee of a work order contract. The State has determined that it may have need for the services under this master contract, but does not commit to spending any money with the Local Government until such time as work orders are written and approved. 3.5 In connection with the performance of this contract and any work orders issued hereunder, the Local Govermnent will comply with all applicable Federal and State laws and regulations. When the Local Government is authorized or permitted to award contracts in connection with any work order, the Local Government will require and cause its contractors and subcontractors to comply with all Federal and State laws and regulations. 3.6 Unless otherwise provided for by agreement or work order, the Local Government must obtain all construction permits and any other permits and sanctions that may be required for the proper and lawful performance of the work. 3.7 If any work order requires the Local Government to perform maintenance on a trunk highway, such maintenance must be performed in accordance with MnDOT maintenance manuals, policies and operations. 3.8 If any work order requires construction on trunk highway right of way and the Local Government awards a contract for the performance of such work, the following will apply: (a) Contract(s) must be awarded to the lowest responsible bidder in accordance with state law. (b) The contractor( s) must be required to post payment and performance bonds in an amount equal to the contract amount. The Local Government will take all necessary action to make claims against such bonds in the event of any default by the contractor. (c) The contractor(s) must be required to perform work in accordance with the latest edition of the Minnesota Department of Transportation Standard Specifications for Construction. (d) The contractor(s) must be required to indemnify and hold the state harmless against any loss incurred with respect to the performance of the contracted work. (e) The contractor(s) must pay prevailing wages pursuant to state law. (f) The contractor(s) must comply with all applicable Federal, State and Local laws, ordinances and regulations, including but not limited to applicable human rights/anti-discrimination laws and laws concerning the participation of Disadvantaged Business Enterprises in federally-assisted contracts. (g) The Local Government may approve minor changes to the trunk highway portion of the work if such changes do not increase the State's cost obligation under the applicable work order. (h) The Local Government will not approve any contractor claims for additional compensation without the State's written appro~al, and the execution of a proper amendment to the applicable work order when necessary. The Local Government will tender the processing and defense of any such claims to the State upon the State's request. 2/15/2005 3 CFMS Contract No. T-Number (i) The Local Government must coordinate all trunk highway work affecting any utilities with the State's Utilities Office. The State will issue notices and orders for utility relocation, determine when relocations are reimbursable, and enter into reimbursement agreements. G) The Local Government must coordinate all necessary detours of trunk highway traffic with the State. The State will enter into detour agreements with local governments as necessary. 4. Responsibilities of the State 4.1 After authorizing the Local Government to begin work, the State will furnish any data or material in its possession relating to the project that may be of use to the Local Government in performing the work. 4.2 All such data furnished to the Local Government will remain the property of the State and will be promptly returned upon the State's request or upon the expiration or termination ofthis contract. 4.3 The Local Government will analyze all such data furnished by the State. If the Local Government finds any such data to be incorrect or incomplete, the Local Government will bring the facts to the attention of the State before proceeding with the part of the project affected. The State will investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a method for furnishing corrected data. Delay in furnishing data will not be considered justification for an adjustment in compensation. 4.4 The State will provide to the Local Government copies of any Trunk Highway fund clauses to be included in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway Construction, that are different from those required for State Aid construction. 4.5 The State will perform final reviews and/or inspections. If the work is found to have been completed in accordance with the work order contracts, the State will promptly release any remaining funds due the Local Government for the Project(s). 4.6 The work order contracts may include additional responsibilities to be completed by the state. 5 Time The Local Government must comply with all the time requirements described in work order contracts. In the performance of work order contracts, time is of the essence. 6 Consideration and Payment 6.1 (a) Consideration. The State will pay for all services performed by the Local Government for all work order contracts issued under this master contract. The total compensation of all work order contracts issued pursuant to this Master Contract will not exceed $ [fill in - The MnDO'I' District must specify a Master Contract maximum value] . (b) Travel Expenses. All travel expenses must be included in the base cost of the Local Government's services. Unless otherwise specifically set forth in an applicable work order, the Local Government will not be separately reimbursed for travel and subsistence expenses incurred by the Local Government in performing any work order contract. In those cases where the State agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than provided in the current liMn/DOT Travel Regulations" a copy of which is on file with and available from the Mn/DOT District Office. The Local Government will not be reimbursed for travel and subsistence expenses incurred outside of its territorial boundaries unless it has received the State's prior written approval for such travel. 6.2. Payment 2/15/2005 4 Mn!DOT Contract Number CFMS Contract No. T-Number (a) Invoices. The State will promptly pay the Local Government after the Local Government presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted as specified in the applicable work order, but no more frequently than monthly. (b) Retainage. Under Minn. Stat. S 16C.08, subd. 5(b), no more than 90 percent of the amount due under any work order contract may be paid until the final product of the work order contract has been reviewed by the State's authorized representative. The balance due will be paid when the State's authorized representative determines that the Local Government has satisfactorily fulfilled all the terms of the work order contract. 7 Conditions of Payment All services provided by the Local Government under a work order contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal and state laws, rules, and regulations. The Local Government will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal or state law. 8 Local Government's Authorized Representative and Project Manager; Authority to Execute Work Order Contracts 8.1 The Local Government's Authorized Representative for administering this master contract is [NAME, TITLE, ADDRESS, TELEPHONE NUMBER], or hislher successor, and has the responsibility to monitor the Local Government's performance. The Contractor's Authorized Representative is also authorized to execute work order contracts on behalf of the Local Government without [County Board] [City Council] approval of each proposed work order contract. 8.2 The Local Government's Project Manager will be identified in each work order contract. 9 State's Authorized Representative and Project Manager 9.1 The State's Authorized Representative for this master contract is [NAME, TITLE, ADDRESS, TELEPHONE NUMBER], or his/her successor, and has the responsibility to monitor the Local Government's performance. 9.2 The State's Project Manager will be identified in each work order contract. 10 Assignment, Amendments, Waiver, and Contract Complete 10.1 Assignment. The Local Government may neither assign nor transfer any rights or obligations under this master contract or any work order contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this master contract, or their successors in office. 10.2 Amendments. Any amendment to this master contract or any work order contract 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 contract, or their successors in office. 10.3 Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that failure does not waive the provision or the party's right to subsequently enforce it. lOA Contract Complete. This master contract and any work order contract contain all negotiations and agreements between the State and the Local Government. No other understanding regarding this master contract or any work order contract issued hereunder, whether written or oral, may be used to bind either party . 2/15/2005 5 CFMS Contract No. T -Number 11 Liability The Local Government must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this master contract or work order contract by the Local Government or its employees, agents, contractors or subcontractors. This clause will not be construed to bar any legal remedies the Local Government may have for the State's failure to fulfill its obligations under this master contract or any work order contract. 12 State Audits Under Minn. Stat. S l6C.05, subd. 5, the Local Government's books, records, documents, and accounting procedures and practices relevant to any work order contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this master contract. 13 Government Data Practices and Intellectual Property 13.1. Government Data Practices. The Local Government and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under any work order contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under the work order contract. The civil remedies of Minn. Stat. S 13.08 apply to the release of the data referred to in this clause by either the Local Government or the State. 13.2. Intellectual Property Rights (A) Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under work order contracts. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Local Government, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this master contract or any work order contract. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Local Government, its employees, agents, or contractors, in the performance of a work order contract. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Local Government upon completion or cancellation of the work order contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." The Local Government assigns all right, title, and interest it may have in the Works and the Documents to the State. The Local Government must, at the request of the State, execute all papers and perfonn all other acts necessary to transfer or record the State's ownership interest in the Works and Documents. (B) Obligations 1. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Local Government, including its employees and subcontractors, in the performance ofthe work order contract, the Local Government will immediately give the State's Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. 2. Representation. The Local Government must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the State, and that neither Local Government nor its employees, agents or contractors retain any interest in and to the 2/1512005 6 Mn/DOT Contract Number CFMS Contract No. T-Number Works and Documents. The Local Government represents and warrants that the Works and Documents do not and will not infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause 8, the Local Government will indemnify; defend (to the extent permitted by the Attorney General); and hold harmless the State, at the Local Government's expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the Works or Documents infringe upon the intellectual property rights of others. The Local Government will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including but not limited to, attorney fees. If such a claim or action arises, or in the Contractor's or the State's opinion is likely to arise, the Local Government must, at the State's discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works or Documents as necessary and appropriate to obviate the infringement claim. This remedy of the State will be in addition to and not exclusive of other remedies provided by law. 14 AffirmativeAction The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to Minnesota Statutes S363A.36. Pursuant to that Statute, the Local Government is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the Local Government lets a contract for the performance of work under a work order issued pursuant to this Master Contract, it must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof: 14.1 Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minn. Stat. S 363A.36 and Minn. R. Parts 5000.3400-5000.3600. A Contractor covered by Minn. Stat. S 363A.36 because it employed more than 40 full-time employees in another state and does not have a certificate of compliance, must certify that it is in compliance with federal affirmative action requirements. 14.2 Minn. Stat ~ 363.073. Minn. Stat. S 363A.36 requires the Contractor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota Commissioner of Human Rights ("Commissioner") as indicated by a certificate of compliance. The law addr~sses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. 14.3 Minn. R. Parts 5000.3400-5000.3600. a. General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. S 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for detennining a contractor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non-compliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and 5000.3552-5000.3559. b. Disabled Workers. The Contractor must comply with the following affirmative action requirements for disabled workers. 1. The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in ernployment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. 2/15/2005 7 CFMS Contract No. T-Number 2. The Contractor agrees to comply with the rules and relevant orders ofthe Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minnesota Statutes Section 363A.36, and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. 5. The Contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the tenns of Minnesota Statutes Section 363A.36, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. c. Consequences. The consequences for the Contractor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part ofthis contract by the Commissioner or the State. d. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn. Stat. S 363.073 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for noncompliance. 15 Workers' Compensation The Local Government certifies that it is in compliance with Minn. Stat. S 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The State will not be responsible for any claims asserted under the Minnesota Workers' Compensation Act by or on behalf of the Local Government's employees, agents, or contractors. 16 Publicity and Endorsement 16.1 Publicity. Any publicity regarding the subject matter of a work order contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Local Government individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from a work order contract. 16.2 Endorsement. The Local Government and its contractors must not claim that the State endorses its products or services. 17 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-Iaw provisions, governs this master contract and all work order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 18 Prompt Payment; Payment to Subcontractors 2/15/2005 8 CFMS Contract No. T-Number The Local Government must make prompt payment of its obligations in accordance with applicable law. As required by Minn. Stat. S l6A.1245, when the Local Government lets a contract for work pursuant to any work order, the Local Government must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 19 Minn. Stat. ~ 181.59 The Local Government will comply with the provisions of Minn. Stat. S 181.59 which reqUIres: Every contract for or on behalf ofthe state of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 20 Termination 20.1 Termination by tlte State for Convenience. The State or commissioner of Administration may cancel this master contract and any work order contracts at any time, with or without cause, upon 30 days written notice to the Contractor. Upon termination, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 20.2 Termination by tlte Local Governmentfor Convenience. The Local Government may cancel this master contract and any work order contracts at any time, with or without cause, upon 30 days written notice to the State. Upon termination, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 20.3 Termination/or Insufficient Funding. The State may immediately terminate this master contract and any work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Local Government. The State is not obligated to pay for any services that are provided after notice and effective date oftermination. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the master contract or work order is terminated because of the decision of the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the Local Government notice of the lack of funding within a reasonable time of the State's receiving that notice. 2/15/2005 9 CFMS Contract No. T-Number 21 Data Disclosure Under Minn. Stat. S 270.66, and other applicable law, the Local Government consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. 22 Defense of Claims and Lawsuits If any lawsuit or claim is filed by a third party (including but not limited to the Local Government's contractors and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this Master Contract, the Local Government will, at the discretion of and upon the request of the State, tender the defense of such claims to the State or allow the State to participate in the defense of such claims. The Local Government will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the work. The Local Government will not purport to represent the State in any litigation, settlement, or alternative dispute resolution' process. The State will not be responsible for any judgment entered against the Local Government, and will not be bound by the terms of any settlement entered into by the Local Government except with the written approval ofthe Attorney General and the Commissioner of Transportation and pursuant to applicable law. 23 Additional Provisions 23.1 Foreign Outsourcing Prohibited. If the Local Government lets a contract for professionaVtechnical or other services pursuant to any work order, the Local Government will require proposing vendorslbidders to disclose where work will be performed, and will use the extent to which services will be performed in the United States as a factor in determining the "best value" in awarding any such contract. It is the State's policy that state funds spent on contracts remain in the United States to the maximum extent possible. [the balance of this page has intentionally been left blank] 2/15/2005 10 LOCAL GOVERNMENT The Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Local Government as required by applicable articles or bylaws. By: Title: Date: By: Title: Date: 2/15/2005 CFMS Contract No. T-Number COMMISSIONER OF TRANSPORTATION By: (with delegated authority) Title: Date: COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By: Date: MnlDOT Contract Management As to form & execution By: Date: 11 en +-' U Q) o I- 0.. I ~ c :::::s l- I-- "'0 Q) I- Q) +-' en c E "'0 <( co u o ....J '<;t o o N -.. ('i) N -.. 00 1Il t5 !!! c: o (,) c: .Q ro () 0+= 1:: Q) () .... o Q) en 1:: Q) ro a. ....: () >< .c Q) ~ .c Cl Q) () c: .... ~ 'c C m .ffi Q) c:~ E o a. 000 J!1 05 en 32 CT ~en Q) 121::.80 o.Q)-o_ c: Ou 2 ~ o 0+= .- 0 c: '5 .~ E Een=Q) .....c 0 .... 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Q) Q) <C2c:-g -roro- IU_ >,U g CJ) ..0 o~ ....1...."0.... 2Q)~ en E .... u .c .... 0 5 .E .g -!: IU"OQ)O D. ro a. s; 13065 Orono Parkway Elk River, MN 55330 February 25, 2005 File: 819310J-0325 The Honorable Mayor and City Council City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: COUN1YROAD 40 TURNBACK Dear Council Members: On Wednesday, February 16,2005 Pat Klaers and I met with Brian Bensen, County Administrator; Dave Schwarting, County Engineer; and Kathy Heaney, County Attorney to discuss the parameters of an agreement to turn back County Road 40 (Cleveland Avenue) between CSAH 12 and CSAH 13 to the City. Generally, the parameters of the agreement will be as discussed previously with the City Council and negotiated in the City/County Transportation Committee consisting of two County Commissioners, two City Council members, and City and County staff. The framework of the agreement will be as follows: . Sherburne County will be responsible for preparing the turnback agreement; the City of Elk River will review it. The only other responsibility Sherburne County will have will be to pay their share of the project cost. . The City of Elk River will take the lead in the preparation of plans and specifications and construction of the improvements to County Road 40. . The City of Elk River will take the lead in all necessary Federal paperwork required for the $719,000 Federal Grant associated with County Road 40. . The Federal dollars will be pro-rated over all eligible expenses from curb-to-curb with the remaining cost being allocated to the City of Elk River and Sherburne County based on the current Sherburne County cost participation policy. . Based on a cost estimate for the street and storm drainage construction prepared by the City and approved by Sherburne County, Elk River's cost is estimated to be approximately $950,000 including land acquisition. Sherburne County's cost participation is estimated at $1,170,000. . The agreement will have a provision that will require Sherburne County to pay a large portion of their share, once a bid is received and the contract is awarded by the City of Elk River. Sherburne County will have the right to approve the contractor before the award is made by the City of Elk River. Phone: 763.635.1000 Fax: 763.635.1090 www.cLelk-river.mn.us County Road 40 Tumback February 25, 2005 Page 2 . Sherburne County will have the right to review, approve and sign any and all change orders that occur during the construction project, which require additional payment from Sherburne County. . Sherburne County will reimburse the City of Elk River the equivalent amount of two years of average maintenance dollars after the turnback of County Road 40. The payment of these maintenance dollars will be based on the signing date of the turnback agreement and will be prorated in the first and last year with a full payment in the middle year. Back in the summer of 2003, Sherburne County prepared a right-of-way map for County Road 40 in anticipation of this project. City Council approval of this right-of-way plat was delayed as the discussions of the roadway turnback proceeded. The turnback agreement will be written based on the right-of-way plat for County Road 40. Therefore, we are recommending the City Council approve the right-of-way map Sherburne County has prepared for County Road 40 and authorize the Mayor and City Administrator to sign the plat. If you have any questions regarding these issues, please call. Sincerely, T2~ City Engineer S:\Engineer\Co Rd 40 Tumback\02 2505 CC memo.doc I~ 9i = I~ i~ I~ :Ii: ~~ - ~~ lI:: Q s: - lI:: 2 ~ 0 Vl II s: ~ lI:: 2 lI:: ~ 0 Vl ~~I - 1r " ;:r '< ~ g .... '< ~ 5' g ;; ';:r I~ ;:r "- in' ~ " ... 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