4.7 SR 12-21-2020
Request for Action
To Item Number
Mayor and City Council 4.7
Agenda Section Meeting Date Prepared by
Consent December 21, 2020 Justin Femrite, P.E., Public Works Director
Item Description Reviewed by
Trunk Highway 10 and Lake Orono Trail Cal Portner, City Administrator
Cooperative Agreement
Reviewed by
Action Requested
Adopt, by motion, a resolution entering into a cooperative agreement with MnDOT for local cost participation of
the Trunk Highway 10 reconstruction and addition of the detached trail connecting Orono Park to downtown
and authorizing execution by the mayor and city clerk.
Background/Discussion
The attached Cooperative Agreement is the form used by MnDOT to memorialize all obligations around the
Trunk Highway 10 reconstruction project, which includes modifications to our existing signal systems and the
addition of the Lake Orono Trail along the south side of the roadway.
Staff has reviewed the agreement and recommends its approval.
Financial Impact
The city cost shares detailed in the agreement will come from Park Dedication Fund (trail and lighting cost share)
and from our State Aid Construction Account (signal system and ADA cost share).
Mission/Policy/Goal
To meet State and Federal standards with our public buildings.
Attachments
Cooperative Agreement #1044570
Resolution
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
MnDOT Contract No.: 1044570
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY OF ELK RIVER
And
SHERBURNE COUNTY
COOPERATIVE CONSTRUCTION
AGREEMENT
State Project Number (S.P.): 7102-135 City Estimated Total Obligation
Trunk Highway Number (T.H.): 10=003 $1,048,684.33
State Project Number (S.P.): 204-090-004
City Estimated Federal Aid
State Aid Project Number (S.A.P.): 204-101-001
$535,848.66
State Aid Project Number (S.A.P.): 204-122-002
City Estimated Non-Federal Aid
State Aid Project Number (S.A.P.):071-601-025
$512,835.67
Federal Project Number: NHPP-TA 0010(337)
Trail Lighting System Feed Point: "A", "B", "C"
County Estimated Amount Receivable
Road Lighting System Feed Point: "D", "L"
$261,810.52
Signal System "A" ID: 1736166
Signal System "B" ID: 1735033
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State"), and
the City of Elk River acting through its City Council ("City"), Sherburne County acting through its Board of
Commissioners ("County").
Recitals
1.The State will perform grading, concrete and bituminous surfacing, ADA improvements, signal systems,
lighting construction, and other associated construction upon, along, and adjacent to Trunk Highway No. 10
from Simonet Drive to Lowell Avenue according to State-prepared plans, specifications, and special
provisions designated by the State as State Project No. 7102-135 (T.H. 10=003) ("Project"); and
2.The City has requested the State include in its Project trail, roadway and trail lighting, and sanitary sewer
construction; and
3.The City requests that it perform certain aspects of the construction engineering in connection with the
sanitary sewer and lighting construction and the State concurs in that request; and
4.The City wishes to participate in the costs of the trail, roadway and trail lighting, sanitary sewer, ADA
improvements and signal system construction and associated State performed construction engineering;
and
5.The federally eligible City participation construction will be reduced by the amount of Federal aid funding
received for said construction; and
6.The County wishes to participate in the costs of the signal system construction and associated State
performed construction engineering; and
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7.Agreement No. 1045391 between the State and Elk River Municipal Utilities will address watermain
construction; and
8.Minnesota Statutes § 161.45, subdivision 2, allows for City-owned utility relocation to be included in a State
construction contract, and payment by the City for such relocation according to applicable statutes and rules
for utilities on trunk highways; and
9.Minnesota Statutes § 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.
Agreement
1.Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits
1.1.Effective Date. 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: 3. Maintenance by the City; 11. Liability; Worker
Compensation Claims; 14. State Audits; 15. Government Data Practices; 17. Governing Law; Jurisdiction;
Venue; and 19. Force Majeure. The terms and conditions set forth in Article 4. Signal Systems and
Emergency Vehicle Preemption Systems Operation and Maintenance will survive the expiration of this
Agreement, but may be terminated by another Agreement between the parties.
1.4.Plans, Specifications, and Special Provisions. Plans, specifications, and special provisions designated by
the State as State Project No. 7102-135 (T.H. 10=003) are on file in the office of the Commissioner of
Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference ("Project
Plans").
1.5.Exhibits. Preliminary Schedule "I" is on file in the office of the City's Public Works Director/Chief Engineer
and the County's Public Works Director/County Engineer and is 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.
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 except as provided below, 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.Construction Engineering and Inspection by the City. The City will assign its City Engineer or other
registered professional engineer to perform construction engineering in connection with the sanitary
sewer and lighting construction. The engineer so assigned will act under the supervision and direction
of the State and be responsible for construction inspection, control of materials, and associated
documentation for said construction. The construction will be performed according to the Project Plans
and recognized and accepted practices and procedures as set forth in various State manuals, including
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Specifications No. 1601 through and including No. 1609 in the State's current "Standard Specifications
for Construction". The City will furnish other personnel, services, supplies, and equipment needed to
properly carry on the construction.
i.City's Documentation of Construction Costs. At regular intervals after the State's contractor has
started the sanitary sewer and lighting construction, the City will prepare partial estimates of the
construction costs according to the terms of the construction contract and immediately submit the
partial estimates to the State. The City will also prepare the final estimate data for said
construction and submit the final estimate to the State. Quantities listed on the partial and final
estimates will be documented according to guidelines in the applicable documentation manual.
ii.City's Final Inspection of Construction. Upon completion of the sanitary sewer and lighting
construction, the City will advise the State whether or not said construction should be accepted by
the State as being performed in a satisfactory manner. If the City recommends that the State not
accept the construction, then the City will, as part of their recommendation, identify the specific
defects in the construction and the reasons why it should not be accepted. Any recommendations
made by the City are not binding on the State. The State will determine, after considering the City's
recommendations, whether or not the construction has been properly performed and whether to
accept or reject it.
C.Inspection of Other City and County Participation Construction. The remainder of the City and County
participation construction covered under this Agreement will be open to inspection by the City and
County. If the City or County believes the City or County participation construction covered under this
Agreement has not been properly performed or that the construction is defective, the City or County
will inform the State District Engineer's authorized representative in writing of those defects. Any
recommendations made by the City or County 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 or
County participation construction covered under this Agreement.
2.3.Plan Changes, Additional Construction, Etc.
A.The State will make changes in the Project Plans and contract construction, which may include the City
or County participation construction covered under this Agreement, and will enter into any necessary
addenda and change orders with the State's contractor that are necessary to cause the contract
construction to be performed and completed in a satisfactory manner. The State District Engineer's
authorized representative will inform the appropriate City or County official of any proposed addenda
and change orders to the construction contract that will affect the City or County participation
construction covered under this Agreement.
B.The City or County may request additional work or changes to the work in the plans as part of the
construction contract. Such request will be made by an exchange of letter(s) with the State. If the State
determines that the requested additional work or plan changes are necessary or desirable and can be
accommodated without undue disruption to the project, the State will cause the additional work or
plan changes to be made.
2.4.Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause
the construction contract to be completed in a satisfactory manner.
2.5.Permits.
A.The City will submit to the State's Utility Engineer an original permit application for all utilities owned
by the City to be constructed hereunder that are upon and within the Trunk Highway Right-of-Way.
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Applications for permits will be made on State form "Application For Utility Permit On Trunk Highway
Right-of-Way" (Form 2525).
B.The City will submit to the Minnesota Pollution Control Agency the plans and specifications for the
construction or reconstruction of its sanitary sewer facilities to be performed under the construction
contract and obtain, under Minnesota Statutes § 115.07 or Minnesota Rules 7001.1030, subpart 2C,
either a permit or written waiver from that agency for that construction or reconstruction. The City is
advised that under Minnesota Rules 7001.1040, a written application for the permit or waiver must be
submitted to the Minnesota Pollution Control Agency at least 180 days before the planned date of the
sanitary sewer facility construction or reconstruction.
D.Limited Use Permit. The City will obtain, through the District's Right-of-Way Area Manager, a Limited
Use Permit to cover the City's liability responsibilities non-motorized trail to be constructed upon the
State Right-of-Way.
2.6.Replacement of Castings. Adjustments to certain City-owned or County-owned facilities on the State's
Right-Of-Way, including but not limited to, valve boxes and frame and ring castings, may be performed by
the State's contractor under the construction contract. The City or County will furnish the contractor with
new units and/or parts for those in place City-owned or County-owned facilities when replacements are
required and not covered by a contract pay item, without cost or expense to the State or the contractor,
except for replacement of units and/or parts broken or damaged by the contractor.
3.Maintenance by the City
Upon completion of the project, the City will provide the following without cost or expense to the State:
3.1.Storm Sewers. Routine maintenance of any storm sewer facilities construction. Routine maintenance
includes, but is not limited to, removal of sediment, debris, vegetation and ice from grates and catch
basins, and any other maintenance activities necessary to preserve the facilities and to prevent conditions
such as flooding, erosion, or sedimentation, this also includes informing the District Maintenance Engineer
of any needed repairs.
3.2.Municipal Utilities. Maintenance of any municipal-owned utilities construction, without cost or expense to
the State.
3.3.Sidewalks. Maintenance of any sidewalk construction, including stamped and colored concrete sidewalk (if
any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal,
patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, vegetation control
of boulevards (if any), and any other maintenance activities necessary to perpetuate the sidewalks in a
safe, useable, and aesthetically acceptable condition. The City will maintain any crosswalk pavement
markings that cross T.H. 10 at intersections without APS (Accessible Pedestrian Signals) and local side
streets at no cost to the State. If the State determines the crosswalk markings or other said maintenance
activities are not being performed, according to City and State standards, the State will perform any
maintenance deemed necessary and will bill the City.
3.4.Trail. Maintenance of any trail construction. Maintenance includes, but is not limited to, snow and ice
control/removal, sweeping and debris removal, patching, crack repair, pavement replacement, vegetation
control, signing, pavement markings, and any other maintenance activities necessary to perpetuate the
trail in a safe and usable condition. The Limited Use Permit will further address any maintenance and
liability responsibilities.
3.5.Lighting. Maintenance and ownership of any lighting facilities construction. Maintenance of electrical
lighting systems includes everything within the system, from the point of attachment to the power source
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or utility, to the last light on the feed point, including but not limited to re-lamping of lighting units or
replacing of LED luminaires, repair or replacement of all damaged luminaire glassware, loose connections,
luminaires when damaged or when ballasts fail, photoelectric control on luminaires, defective starter
boards or drivers, damaged fuse holders, blown fuses, knocked down poles including wiring within the
poles, damaged poles, pullboxes, underground wire, damaged foundations, equipment pad, installation of
approved splices or replacement of wires, repair or extending of conduit, lighting cabinet maintenance
including photoelectric cell, electrical distribution system, Gopher State One Call (GSOC) locates, and
painting of poles and other equipment. The City will be responsible for the hook up cost and application to
secure an adequate power supply to the service pad or pole and will pay all monthly electrical service
expenses necessary to operate the lighting facility.
3.6.Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm
sewer facilities constructed under the construction contract that was not included in the drainage for
which the storm sewer facilities were designed, without first obtaining written permission to do so from
the other party. The drainage areas served by the storm sewer facilities constructed under the
construction contract are shown in a drainage area map, Exhibit "Drainage Area", which is on file in the
office of the State's District Hydraulics Engineer at Brainerd and is incorporated into this Agreement by
reference.
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3.7.Future Responsibilities. Upon completion of the T.H. 10 at 4 Street Northwest and T.H. 10 at Morton
Avenue Northwest construction, the City will accept full and total responsibility and all obligations and
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liabilities arising out of or by reason of the use, operation, maintenance, repair, and reconstruction of 4
Street Northwest and Morton Avenue Northwest and all of the facilities thereof constructed as part of this
Agreement, without cost or expense to the State.
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3.8.Release and Conveyance of Roadways. Upon completion of the 4 Street Northwest and Morton Avenue
Northwest construction, the State will serve upon the City a "Notice of Release" placing those roadway
portions under the jurisdiction of the City; and subsequent thereto, after all required documents have
been prepared and processed, the State will convey to the City all right, title and interest of the State in
those roadway portions. Upon receipt of that "Notice of Release", the City will become the road authority
responsible for the roadway portions so released.
4.Signal Systems and Emergency Vehicle Preemption Systems Operation and Maintenance
Operation and maintenance responsibilities will be as follows for the Signal Systems and Emergency Vehicle
Preemption (EVP) Systems on T.H. 10 at Upland Avenue Northwest (Signal System "A"), and on T.H. 10 at Proctor
Avenue Northwest (Signal System "B"), and for the Interconnect on T.H. 10 from Waco Street Northwest to Main
Street Northwest.
4.1.City Responsibilities.
A.Power. The City will be responsible for the hook-up cost and application to secure an adequate power
supply to the service pads or poles and will pay all monthly electrical service expenses necessary to
operate the Signal Systems, EVP Systems, and Interconnect.
B.Minor Signal System Maintenance. The City will provide for the following, without cost to the State.
i.Maintain the signal pole mounted Light-emitting Diode (LED) luminaires, including replacing the
luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels
drop below recommended American Association of State Highway and Transportation Officials
(AASHTO) levels for the installation.
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ii.Replace the Signal Systems LED indications. Replacing LED indications consists of replacing each LED
indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no
longer meets Institute of Traffic Engineers (ITE) standards for light output.
iii.Clean the Signal Systems controller cabinet and service cabinet exteriors.
iv.Clean and paint the Signal Systems, and luminaire mast arm extensions. Painting will be in
accordance with MnDOT Standard Specification 2565.3X, unless approved by the State's District
Traffic Engineer.
v.Paint and maintain the pedestrian crosswalk markings.
4.2.State Responsibilities.
A.Interconnect; Timing; Other Maintenance. The State will maintain the Interconnect and signing, and
perform all other Signal System, Accessible Pedestrian Signals (APS), and signal pole luminaire circuit
maintenance without cost to the City or County. All Signal System timing will be determined by the
State, and no changes will be made without the State's approval.
B.EVP Systems Operation. The EVP Systems will be installed, operated, maintained, and removed
according to the following conditions and requirements:
i.All maintenance of the EVP Systems must be done by State forces.
ii.Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota
Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when
responding to an emergency. The City and County will provide the State's District Engineer or their
designated representative a list of all vehicles with emitter units, if requested by the State.
iii.Malfunction of the EVP Systems must be reported to the State immediately.
iv.In the event the EVP Systems or its components are, in the opinion of the State, being misused or
the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues
after the City or County receives written notice from the State, the State may remove the EVP
Systems. Upon removal of the EVP Systems pursuant to this Paragraph, all of its parts and
components become the property of the State.
v.All timing of the EVP Systems will be determined by the State.
4.3.Right-of-Way Access. Each party authorizes the other party to enter upon their respective public
right-of-way to perform the maintenance activities described in this Agreement.
4.4.Related Agreements. This Agreement will supersede and terminate Agreement No. 77549, dated August
26, 1998, between the parties, for the intersection of T.H. 10 at Upland Avenue Northwest (Signal System
"A"). This Agreement will supersede and terminate the operation and maintenance terms of Agreement
No. 62187, dated July 30, 1984 and Agreement No 77895, dated October 16, 1998, between the parties,
for the intersection of T.H. 10 at Proctor Avenue Northwest (Signal System "B").
5.Basis of City Cost
5.1.Schedule "I". The Preliminary Schedule "I" includes all anticipated City participation construction items,
State Furnished Materials lump sum amounts, and the construction engineering cost share covered under
this Agreement, and is based on engineer's estimated unit prices.
5.2.City Participation Construction. The City will participate in the following at the percentages indicated. The
construction includes the City's proportionate share of item costs for mobilization, field office, field
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laboratory, and traffic control. It is anticipated that Federal aid funding will be available to the City as
defined below. The City may be billed for the match of their cost participation as shown on the Schedule
"I". City costs will include an amount equal to all anticipated Federal aid funding not applied to the
federally eligible City participation construction and associated construction engineering.
A.100 Percent will be the City's rate of cost participation in all of the sanitary sewer and roadway lighting
construction. The construction includes, but is not limited to, those construction items tabulated on
Sheet No. 2 of the Preliminary Schedule "I".
B.100 Percent will be the City's rate of cost participation in all of the trail and trail lighting construction.
The construction includes, but is not limited to, those construction items tabulated on Sheets No. 3 and
No. 4 of the Preliminary Schedule "I". Federal aid funds will be applied at a rate of 80 Percent. The
Federal aid funds are capped at $639,896.00 and may be modified at the time of award.
C.50 Percent will be the City's rate of cost participation in all of the ADA improvement construction. The
construction includes, but is not limited to, those construction items tabulated on Sheet No. 5 of the
Preliminary Schedule "I".
D.25 Percent will be the City's rate of cost participation in all of the Signal System "A" and Signal system
"B" construction. The construction includes, but is not limited to, those construction items tabulated on
Sheets No. 6 and No. 7 of the Preliminary Schedule "I".
5.3.State Furnished Materials. The State will furnish a Type "R" Signal Cabinet and Fiber ("State Furnished
Materials"), according to the Project Plans, to operate the traffic control signal systems covered under this
Agreement. The City's lump sum share for State Furnished Materials is $16,090.90. The City's cost share for
State Furnished Materials will be added to the City's total construction cost share as shown in the Schedule
"I".
5.4.Construction Engineering Costs. The City will pay a construction engineering charge equal to 5 percent of
the sanitary sewer and roadway lighting construction covered under Article 5.2.A and the trail lighting
construction covered under Article 5.2.B. These items are denoted by an asterisk (*) on the Schedule "I".
The City will pay a construction engineering charge equal to 8 percent of the remainder of the City
participation construction covered under this Agreement.
5.5.Plan Changes, Additional Construction, Etc. The City will share in the costs of construction contract
addenda and change orders that are necessary to complete the City participation construction covered
under this Agreement, including any City requested additional work and plan changes.
The State reserves the right to invoice the City for the cost of any additional City requested work and plan
changes, construction contract addenda, change orders, and associated construction engineering before
the completion of the contract construction.
5.6.Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the
construction contract will result in a credit shared by each party in the same proportion as their total
construction cost share covered under this Agreement is to the total contract construction cost before any
deduction for liquidated damages.
6.Basis of County Cost
6.1.Schedule "I". The Preliminary Schedule "I" includes all anticipated County participation construction items,
State Furnished Materials lump sum amounts, and the construction engineering cost share covered under
this Agreement, and is based on engineer's estimated unit prices.
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6.2.County Participation Construction. The County will participate in the following at the percentages
indicated. The construction includes the County's proportionate share of item costs for mobilization, field
office, field laboratory, and traffic control.
A.25 Percent will be the County's rate of cost participation in all of the Signal System "A" and Signal
System "B" construction. The construction includes, but is not limited to, those construction items
tabulated on Sheets No. 6 and No. 7 of the Preliminary Schedule "I".
6.3.State Furnished Materials. The State will furnish a Type "R" Signal Cabinet and Fiber ("State Furnished
Materials"), according to the Project Plans, to operate the traffic control signal systems covered under this
Agreement. The County's lump sum share for State Furnished Materials is $16,090.90. The County's cost
share for State Furnished Materials will be added to the County's total construction cost share as shown in
the Schedule "I".
6.4.Construction Engineering Costs. The County will pay a construction engineering charge equal to 8 percent
of the County participation construction covered under this Agreement.
6.5.Plan Changes, Additional Construction, Etc. The County will share in the costs of construction contract
addenda and change orders that are necessary to complete the County participation construction covered
under this Agreement, including any County requested additional work and plan changes.
The State reserves the right to invoice the County for the cost of any additional County requested work
and plan changes, construction contract addenda, change orders, and associated construction engineering
before the completion of the contract construction.
6.6.Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the
construction contract will result in a credit shared by each party in the same proportion as their total
construction cost share covered under this Agreement is to the total contract construction cost before any
deduction for liquidated damages.
7.City Cost and Payment by the City
7.1.City Cost. $1,048,684.33 is the City's estimated share of the costs of the contract construction, State
Furnished Materials, including Federal aid, and the construction engineering cost share as shown in the
Preliminary Schedule "I". The Preliminary Schedule "I" was prepared using estimated quantities and unit
prices, and may include any credits or lump sum costs. Upon award of the construction contract, the State
will prepare a Revised Schedule "I" based on construction contract unit prices, which will replace and
supersede the Preliminary Schedule "I" as part of this Agreement.
7.2.Conditions of Payment. The City will pay the State the City's total estimated construction and construction
engineering cost share, minus anticipated City Federal Aid, as shown in the Revised Schedule "I", after the
following conditions have been met:
A.Execution of this Agreement and transmittal to the City, including a copy of the Revised Schedule "I".
B.The City's receipt of a written request from the State for the advancement of funds.
7.3.Acceptance of the City's Cost and Completed Construction. The computation by the State of the amount
due from the City will be final, binding and conclusive. Acceptance by the State of the completed contract
construction will be final, binding, and conclusive upon the City as to the satisfactory completion of the
contract construction.
7.4.Final Payment by the City. Upon completion of all contract construction and upon computation of the final
amount due the State's contractor and determination by the Federal Highway Administration of the
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amount of its reimbursement to the State, the State will prepare a Final Schedule "I" and submit a copy to
the City. The Final Schedule "I" will be based on final quantities, and include all City participation
construction items and the construction engineering cost share covered under this Agreement. The Final
Schedule "I" may also include City costs in an amount equal to all Federal aid funding not applied to the
federally eligible City participation construction, State Furnished Materials, and associated construction
engineering. If the final cost of the City participation construction exceeds the amount of funds advanced
by the City, the City will pay the difference to the State without interest. If the final cost of the City
participation construction is less than the amount of funds advanced by the City, the State will refund the
difference to the City without interest.
The State and the City waive claims for any payments or refunds less than $5.00 according to Minnesota
Statutes § 15.415.
8.County Cost and Payment by the County
8.1.County Cost. $261,810.52 is the County's estimated share of the costs of the contract construction, State
Furnished Materials and the construction engineering cost share as shown in the Preliminary Schedule "I".
The Preliminary Schedule "I" was prepared using estimated quantities and unit prices, and may include any
credits or lump sum costs. Upon award of the construction contract, the State will prepare a Revised
Schedule "I" based on construction contract unit prices, which will replace and supersede the Preliminary
Schedule "I" as part of this Agreement.
8.2.Conditions of Payment. The County will pay the State the County's total estimated construction and
construction engineering cost share, as shown in the Revised Schedule "I", after the following conditions
have been met:
A.Execution of this Agreement and transmittal to the County, including a copy of the Revised Schedule
"I".
B.The County's receipt of a written request from the State for the advancement of funds.
8.3.Acceptance of the County's Cost and Completed Construction. The computation by the State of the
amount due from the County will be final, binding and conclusive. Acceptance by the State of the
completed contract construction will be final, binding, and conclusive upon the County as to the
satisfactory completion of the contract construction.
8.4.Final Payment by the County. Upon completion of all contract construction and upon computation of the
final amount due the State's contractor, the State will prepare a Final Schedule "I" and submit a copy to
the County. The Final Schedule "I" will be based on final quantities, and include all County participation
construction items and the construction engineering cost share covered under this Agreement. If the final
cost of the County participation construction exceeds the amount of funds advanced by the County, the
County will pay the difference to the State without interest. If the final cost of the County participation
construction is less than the amount of funds advanced by the County, the State will refund the difference
to the County without interest.
The State and the County waive claims for any payments or refunds less than $5.00 according to
Minnesota Statutes § 15.415.
9.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.
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9.1.The State's Authorized Representative will be:
Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor)
Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155
Telephone: (651) 366-4634
E-Mail: malaki.ruranika@state.mn.us
9.2.The City's Authorized Representative will be:
Name, Title: Justin Femrite, Public Works Director/Chief Engineer (or successor)
Address: 13065 Orono Parkway, Elk River, MN 55330
Telephone: (763) 635-1051
E-Mail: jfemrite@elkrivermn.gov
9.3.The County's Authorized Representative will be:
Name, Title: Andrew J. Witter, Public Works Director/County Engineer (or successor)
Address: 13880 Business Center Drive Northwest, Suite 100, Elk River, MN 55330
Telephone: (763) 765-3302
E-Mail: andrew.witter@co.sherburne.mn.us
10.Assignment; Amendments; Waiver; Contract Complete
10.1.Assignment. No party 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.
10.2.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.
10.3.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.
10.4.Contract Complete. This Agreement contains all prior negotiations and agreements between the State, the
City, and the County. No other understanding regarding this Agreement, whether written or oral, may be
used to bind either party.
11.Liability; Worker Compensation Claims
11.1.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 or the County.
11.2.Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
12.Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
-10-
Receivable Standard CE by Both Parties (Cooperative Agreements)
MnDOT Contract No.: 1044570
13.Title VI/Non-discrimination Assurances.
The City and the County agree to comply with all applicable US DOT Standard Title VI/Non-Discrimination
Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at:
https://edocs-public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. The City and
County will ensure the appendices and solicitation language within the assurances are inserted into contracts as
required. The State may conduct a review of the City's and County’s compliance with this provision. The City and
County must cooperate with the State throughout the review process by supplying all requested information
and documentation to the State, making City and County staff and officials available for meetings as requested,
and correcting any areas of non-compliance as determined by the State.
14.State Audits
Under Minnesota Statutes § 16C.05, subdivision 5, the City's and the County's books, records, documents,
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.
15.Government Data Practices
The City and the County 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 and the County 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, the County, or the State.
16.Telecommunications Certification.
By signing this agreement the City and the County certify that, consistent with Section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), the City and the County
does not and will not use any equipment, system, or service that uses “covered telecommunications equipment
or services” (as that term is defined in Section 889 of the Act) as a substantial or essential component of any
system or as critical technology as part of any system. The City and the County will include this certification as a
flow down clause in any contract related to this agreement.
17.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.
18.Termination; Suspension
18.1.By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties.
18.2.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 funding 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 and the County.
18.3.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.
-11-
Receivable Standard CE by Both Parties (Cooperative Agreements)
MnDOT Contract No.: 1044570
19.Force Majeure
No party 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.
\[The remainder of this page has been intentionally left blank\]
-12-
Receivable Standard CE by Both Parties (Cooperative Agreements)
CITY OF ELK RIVER
The undersigned certify that they have lawfully
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions, or ordinances.
By:
Title:
Date:
By:
Title:
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE
AGREEMENT AND AUTHORIZING ITS EXECUTION.
-13-
Receivable Standard CE by Both Parties (Cooperative Agreements)
SHERBURNE COUNTY 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)
By:
Date:
Title:
Approved:
Date:
By:
(State Design Engineer)
By:
Date:
Title:
COMMISSIONER OF ADMINISTRATION
Date:
By:
(With Delegated Authority)
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION.
-14-
Receivable Standard CE by Both Parties (Cooperative Agreements)
16,090.9019,393.37
241,806.00241,806.00294,042.66294,042.66124,586.75101,739.50
$242,417.15$261,810.52
80 Percent
Federal Aid
Preliminary: December 1, 2020
60,451.5060,451.5073,510.6773,510.67
20 Percent
Federal Aid Match
0.000.00
9,818.25
47,157.5047,157.5017,470.7516,090.9049,583.10
124,586.75101,739.50252,235.40
No Federal Aid
6,095.256,331.50
$17,470.75$49,583.10
$349,415.00$619,788.73$512,835.67
TOTALS
($535,848.66)
$1,036,257.58$1,048,684.33
- 1 -
Agreement No. 1044570
CITY COST PARTICIPATION
COUNTY COST PARTICIPATION
PRELIMINARY SCHEDULE "I"
City of Elk River and Sherburne County
S.A.P. 204-101-001S.A.P. 204-122-002S.A.P. 071-604-025
S.P. 7102-135 Sanitary and Roadway Lighting (From Sheet No. 2) (City-performed CE)S.P. 204-090-004 Trail (From Sheet No. 4) (City-performed CE)Construction Subtotal (5% CE)Construction
Engineering (5%)S.P. 204-090-004 Trail (From Sheet No. 4)S.P. 7102-135 ADA Improvements (From Sheet No. 5)S.A.P. 204-122-002 Signal System "A" (From Sheet No. 6)S.A.P. 204-101-001 Signal
System "B" (From Sheet No. 7)State Furnished Materials (From Sheet No. 8) - Lump SumConstruction Subtotal (8% CE)Construction Engineering (8%)Construction + Construction Engineering
SubtotalsPainted Poles Signal System "A" - Lump SumPainted Poles Signal System "B" - Lump SumTotal City ObligationTotal Anticipated Federal AidTotal City Obligation minus Anticipated
Federal AidS.P. 7102-135 Signal System "A" (From Sheet No. 6)S.A.P. 071-601-025 Signal System "B" (From Sheet No. 7)State Furnished Materials (From Sheet No. 8) - Lump SumSubtotalConstruction
Engineering (8%)Total County Cost
(1)(2)
(1) Amount of total City obligation as described in Article 7 of the Agreement (estimated amount)(2) Amount of advance City payment as described in Article 7 of the Agreement (estimated
amount)(3)(3) Amount of advance County payment as described in Article 8 of the Agreement (estimated amount)
S.P. 7102-135 (T.H. 10=003)S.P. 204-090-004Fed. Proj. NHPP-TA 0010(337)Grading, concrete and bituminous surfacing, ADA improvements, signal systems, and lighting construction to start
approximately spring 2021 underState Contract No. ____ with ____located on T.H. 10 from Simonet Drive to Lowell Avenue
Data is considered Non-public prior to project award.
250.00
3,200.005,625.002,100.002,200.003,200.005,835.009,202.502,045.00
13,500.00
(1)
$47,157.50
COST
1044570
1.003.005.001.501.00
400.00375.00550.00900.00
1,600.00
TOTAL
UNIT PRICE
8.004.002.00
15.0015.0050.00
2,100.001,945.006,135.002,045.00
QUANTITY
UNIT
$47,157.50
EACHEACHLIN FTEACHEACHEACHLIN FTLIN FTLIN FTLIN FT
- 2 -
100% CITY
*(1)
S.P. 7102-135
SANITARY SEWER AND ROADWAY LIGHTING
(1) 100% CITY* 5% CONSTRUCTION ENGINEERING ITEMSREMOVE HANDHOLEREMOVE LIGHT FOUNDATIONREMOVE DIRECT BURIED LIGHTING CABLEADJUST FRAME AND RING CASTINGLIGHT FOUNDATION DESIGN E MODIFIEDHANDHOLE1.5"
NON-METALLIC CONDUIT2" NON-METALLIC CONDUITUNDERGROUND WIRE 1/C 4 AWGUNDERGROUND WIRE 1/C 6 AWG
**********
Data is considered Non-public prior to project award.
ITEM
2104.5022104.5022104.5032506.5022545.5022545.5022545.5032545.5032545.5032545.503
NUMBER
660.00600.00345.00365.00160.00650.00700.00322.00
8,406.003,300.00
5,500.001,116.008,954.007,856.002,940.001,000.002,200.001,800.002,756.005,125.001,300.001,820.003,813.002,000.00
12,294.0010,640.0032,450.0013,500.00
20,245.1654,410.0033,292.0014,240.00
(2)
189,000.00
104,090.00
COST
1044570
9.00
5.004.003.003.50
18.0035.00
11.0016.0010.0028.0014.0070.0050.0052.0080.00
550.00
345.00160.00125.00700.00650.00650.00930.00
5,000.001,000.001,100.001,800.003,000.004,500.001,100.00
11,000.0010,000.00
337,419.40
UNIT PRICE
0.060.060.061.101.001.002.001.001.002.002.804.103.003.00
73.0040.0089.0013.0053.0041.0092.0025.0063.0059.00
372.00814.00491.00210.00467.00304.00
5,441.001,189.001,487.001,366.00
QUANTITY
UNIT
LUMP SUMEACHEACHLIN FTSQ FTEACHEACHEACHEACH
ACREEACHLIN FTLIN FTSQ YDCU YDCU YDCU YDCU YDEACHTONCU YDEACHEACHEACHLIN FTLIN FTLIN FTEACHEACHLIN FTLIN FTSQ YDCU YDSQ FT
(P)(P)(P)(P)(P)
- 3 -
* 5% CONSTRUCTION ENGINEERING ITEMS
S.P. 204-090-004
TRAIL AND TRAIL LIGHTING
(2) 80% TAP FEDERAL (capped), 20% CITY MATCH (capped); BALANCE 100% CITY(P) = PLAN QUANTITYMOBILIZATIONFIELD OFFICE TYPE DFIELD LABORATORY TYPE DGRUBBING
REMOVE CONCRETE APRONSAWING BITUMINOUS PAVEMENT (FULL
DEPTH)REMOVE SEWER PIPE (STORM)REMOVE BITUMINOUS SHOULDER PAVEMENTEXCAVATION - COMMONSELECT GRANULAR EMBANKMENT (CV)COMMON EMBANKMENT (CV)AGGREGATE BASE (CV) CLASS 6DRILL AND GROUT
REINFORCEMENT BAR (EPOXY COATED)TYPE SP 12.5 WEARING COURSE MIXTURE (2,B)FINE AGGREGATE BEDDING (CV)12" RC PIPE APRON15" RC PIPE APRON36" RC PIPE APRON12" RC PIPE SEWER DESIGN 3006
CLASS III15" RC PIPE SEWER DESIGN 3006 CLASS III36" RC PIPE SEWER DESIGN 3006 CLASS IIICONNECT TO EXISTING STORM SEWERCASTING ASSEMBLYCONSTRUCT DRAINAGE STRUCTURE DESIGN HCONSTRUCT
DRAINAGE STRUCTURE DESIGN SD-60GEOTEXTILE FILTER TYPE 4RANDOM RIPRAP CLASS III6" CONCRETE WALKCONCRETE CURB AND GUTTER DESIGN B424TRUNCATED DOMESLIGHTING UNIT TYPE SPECIALLIGHT FOUNDATION
DESIGN SPECIALSERVICE CABINET -TYPE L1EQUIPMENT PAD B
****
Data is considered Non-public prior to project award.
ITEM
2021.5012031.5022031.5022101.5052104.5022104.5032104.5032104.5042106.5072106.5072106.5072211.5072301.6022360.5092451.5072501.5022501.5022501.5022503.5032503.5032503.5032503.6022506.5022506.5032506.50
32511.5042511.5072521.5182531.5032531.6182545.5022545.5022545.5022545.502
NUMBER
37.88
325.00340.00295.94257.34514.68749.97248.16
6,588.004,545.003,901.504,612.004,516.004,920.00
6,400.007,720.25
18,960.0013,014.0010,274.0033,741.94
(2)
COST
$669,810.83$302,257.50$367,553.33
1044570
3.005.002.001.501.001.501.504.004.004.001.002.003.501.50
85.0030.00
230.00400.00
1,600.00
562,365.66
TOTAL
SUBTOTAL
UNIT PRICE
*SUBTOTAL
4.004.000.061.291.298.27
65.0018.94
257.34214.28
6,320.006,507.004,392.003,030.002,601.001,153.001,129.001,230.00
5,146.83
10,274.00
QUANTITY
category capped at $639,896.00category capped at $159,974.00category capped at $639,896.00category capped at $159,974.00
$0.00$0.00
UNIT
$60,451.50$73,510.67
$241,806.00$294,042.66
LIN FTLIN FTLIN FTLIN FTLIN FTLIN FTEACHLUMP SUMLIN FTLIN FTLIN FTACREPOUNDACREPOUNDPOUNDPOUND
EACHLIN FTPOUND
(P)
- 4 -
* 5% CONSTRUCTION ENGINEERING ITEMS80% TAP FEDERAL20% CITY MATCHBALANCE CITY80% TAP FEDERAL20% CITY MATCHBALANCE CITY
(2)
*(2)
S.P. 204-090-004
TRAIL AND TRAIL LIGHTING
(2) 80% TAP FEDERAL (capped), 20% CITY MATCH (capped); BALANCE 100% CITY(P) = PLAN QUANTITYHANDHOLE1.5" NON-METALLIC CONDUIT2" NON-METALLIC CONDUITUNDERGROUND WIRE 1/C 2 AWGUNDERGROUND
WIRE 1/C 4 AWGUNDERGROUND WIRE 1/C 6 AWGUNDERGROUND WIRE 1/C 8 AWGUNDERGROUND WIRE 1/C 10 AWGGUIDE POST TYPE SPECIALTRAFFIC CONTROLTEMPORARY FENCECLEAN ROOT CUTTINGSILT FENCE, TYPE
MSSOIL BED PREPARATIONFERTILIZER TYPE 3SEEDINGSEED MIXTURE 21-111SEED MIXTURE 25-131SEED MIXTURE 35-221HYDRAULIC REINFORCED FIBER MATRIX
******
**
Data is considered Non-public prior to project award.
ITEM
2545.5022545.5032545.5032545.5032545.5032545.5032545.5032545.5032554.6022563.6012572.5032572.5032573.5032574.5052574.5082575.5052575.5082575.5082575.5082575.508
NUMBER
50.00
387.50318.50665.00852.00864.00100.00322.50
1,430.003,668.004,760.003,429.002,790.00
(3)
$19,636.50
COST
1044570
5.002.503.507.006.002.509.00
11.0016.0010.0028.0070.0018.00
TOTAL
UNIT PRICE
10.0091.0095.0054.0010.0068.00
155.00142.00130.00131.00129.00381.00155.00
QUANTITY
$7,854.60$1,963.65
UNIT
LIN FTLIN FTSQ YDSQ YDSQ YDCU YDCU YDCU YDCU YDGALLONTONSQ FTLIN FT
$9,818.25$9,818.25
(P)(P)(P)(P)(P)(P)(P)
- 5 -
20% STATE MATCH
80% NHPP FEDERAL
50% STATE50% CITY
(3)
S.P. 7102-135
ADA IMPROVEMENT
(3) 40% NHPP FEDERAL, 10% STATE MATCH, 50% CITY(P) = PLAN QUANTITYSAWING BITUMINOUS PAVEMENT (FULL DEPTH)REMOVE CURB AND GUTTERREMOVE CONCRETE WALKREMOVE CONCRETE PAVEMENTREMOVE BITUMINOUS
PAVEMENTEXCAVATION - COMMONSELECT GRANULAR EMBANKMENT (CV)COMMON EMBANKMENT (CV)AGGREGATE BASE (CV) CLASS 6BITUMINOUS MATERIAL FOR SHOULDER TACKTYPE SP 12.5 WEARING COURSE MIXTURE (2,B)6"
CONCRETE WALKCONCRETE CURB AND GUTTER DESIGN B424
Data is considered Non-public prior to project award.
ITEM
2104.5032104.5032104.5042104.5042104.5042106.5072106.5072106.5072211.5072357.6062360.5092521.5182531.503
NUMBER
440.00400.00300.00440.00180.00140.00
3,000.001,160.001,680.00
13,498.8822,498.1310,212.00
(4)
444,398.00
COST
$498,347.00
1044570
50.0030.0035.0040.00
290.00110.00
3,000.00
11,000.0010,000.0010,212.00
337,471.90562,453.16444,398.00
TOTAL
UNIT PRICE
0.040.040.041.004.006.004.000.046.004.001.001.00
42.00
QUANTITY
UNIT
$49,834.70
$199,338.81
LUMP SUMEACHEACHEACHEACHEACHEACHLUMP SUMEACHEACHSQ FTLUMP SUMSYSTEM
$249,173.51$124,586.75$124,586.75
- 6 -
20% STATE MATCH
80% NHPP FEDERAL
50% STATE25% COUNTY25% CITY
(4)
SIGNAL SYSTEM "A"
S.P. 7102-135; S.P. 204-122-002
(4) 40% NHPP FEDERAL, 10% STATE MATCH; 25% COUNTY; 25% CITYMOBILIZATIONFIELD OFFICE TYPE DFIELD LABORATORY TYPE DREMOVE SIGNAL SYSTEM AREMOVE SIGN PANEL TYPE CSALVAGE SIGN PANEL TYPE
CSALVAGE SIGN PANEL TYPE DTRAFFIC CONTROLINSTALL SIGN PANEL TYPE CINSTALL SIGN PANEL TYPE DSIGN PANELS TYPE CEMERGENCY VEHICLE PREEMPTION SYSTEM ATRAFFIC CONTROL SIGNAL SYSTEM A
Data is considered Non-public prior to project award.
ITEM
2021.5012031.5022031.5022104.5022104.5022104.5022104.5022563.6012564.5022564.5022564.5182565.5012565.516
NUMBER
440.00400.00200.00440.00120.00140.00
3,000.001,740.001,560.00
13,498.8822,498.1313,076.00
(5)
349,845.00
COST
$406,958.00
1044570
50.0030.0035.0040.00
290.00110.00
3,000.00
11,000.0010,000.0013,076.00
337,471.90562,453.16349,845.00
TOTAL
UNIT PRICE
0.040.040.041.006.004.004.000.044.004.001.001.00
39.00
QUANTITY
UNIT
$40,695.80
$162,783.21
LUMP SUMEACHEACHEACHEACHEACHEACHLUMP SUMEACHEACHSQ FTLUMP SUMSYSTEM
$203,479.01$101,739.50$101,739.50
- 7 -
80% NHPP FEDERAL
20% STATE MATCH
50% STATE25% COUNTY25% CITY
(5)
SIGNAL SYSTEM "B"
S.P. 7102-135; S.P. 204-101-001; S.P. 071-601-025
(5) 40% NHPP FEDERAL, 10% STATE MATCH; 25% COUNTY; 25% CITYMOBILIZATIONFIELD OFFICE TYPE DFIELD LABORATORY TYPE DREMOVE SIGNAL SYSTEM BREMOVE SIGN PANEL TYPE CSALVAGE SIGN PANEL TYPE
CSALVAGE SIGN PANEL TYPE DTRAFFIC CONTROLINSTALL SIGN PANEL TYPE CINSTALL SIGN PANEL TYPE DSIGN PANELS TYPE CEMERGENCY VEHICLE PREEMPTION SYSTEM BTRAFFIC CONTROL SIGNAL SYSTEM B
Data is considered Non-public prior to project award.
ITEM
2021.5012031.5022031.5022104.5022104.5022104.5022104.5022563.6012564.5022564.5022564.5182565.5012565.516
NUMBER
64,363.60
(6)
$64,363.60
COST
1044570
32,181.80
TOTAL
UNIT PRICE
2.00
QUANTITY
UNIT
$32,181.80$16,090.90$16,090.90
EACH
- 8 -
50% STATE25% COUNTY25% CITY
(6)
S.P. 7102-135
-FOR INFORMATION ONLY-
STATE FURNISHED MATERIALS - LUMP SUM
(6) 50% STATE; 25% COUNTY; 25% CITYTYPE "R" SIGNAL CABINET AND FIBER
Data is considered Non-public prior to project award.
SFM
ITEM
NUMBER
CITY OF ELK RIVER
RESOLUTION
IT IS RESOLVED that the City of Elk Riverenter into MnDOT Agreement No.1044570with the State of Minnesota,
Department of Transportation for the following purposes:
To provide for payment by the City to the State of the City's share of the costs of the grading, concrete and
bituminous surfacing, ADA improvements, signal systems, and lighting construction and other associated
construction to be performed upon, along, and adjacent to Trunk Highway No. 10 from Simonet Drive to Lowell
Avenue within the corporate City limits under State Project No. 7102-135 (T.H. 10=003).
IT IS FURTHER RESOLVED that the Mayor and the
(Title)
are authorized to execute the Agreement and any 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
, 20 , as shown by the minutes of the meeting in my possession.
Subscribed and sworn to me this
(Signature)
day of , 20
(Type or Print Name)
Notary Public
My Commission Expires
(Title)
SHERBURNE COUNTY
RESOLUTION
IT IS RESOLVED that Sherburne County enter into MnDOT Agreement No.1044570with the State of Minnesota,
Department of Transportation for the following purposes:
To provide for payment by the County to the State of the County's share of the costs of the grading, concrete and
bituminous surfacing, ADA improvements, signal systems, and lighting construction and other associated
construction to be performed upon, along, and adjacent to Trunk Highway No. 10 from Simonet Drive to Lowell
Avenue within the corporate limits of the City of Elk River under State Project No. 7102-135 (T.H. 10=003).
IT IS FURTHER RESOLVED that the
(Title)
and the
(Title)
are authorized to execute the Agreement and any amendments to the Agreement.
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Board of Commissioners of
Sherburne County at an authorized meeting held on the day of
, 20 , as shown by the minutes of the meeting in my possession.
Subscribed and sworn to me this
(Signature)
day of , 20
(Type or Print Name)
Notary Public
My Commission Expires
(Title)
City of Elk River
City Council
Resolution 20-____
A Resolution of the City Council of the City of Elk River Entering in an
Agreement with MnDOT for Trunk Highway 10 under State Project No.
7102-135 and Authorizing Execution
IT IS RESOLVED that the City of Elk River enter into MnDOT Agreement No. 1044570
with the State of Minnesota, Department of Transportation for the following purposes:
To provide for payment by the City to the State of the City's share of the costs of the
grading, concrete and bituminous surfacing, ADA improvements, signal systems, and
lighting construction and other associated construction to be performed upon, along, and
adjacent to Trunk Highway No. 10 from Simonet Drive to Lowell Avenue within the
corporate City limits under State Project No. 7102-135 (T.H. 10=003).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows: that the mayor and city clerk are authorized to execute the
Agreement and any amendments to the Agreement.
st
Passed and adopted this 21 day of December 2020.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk