3.5. SR 11-06-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Consent November 6, 2006
Item Description
A reement for TH169 Stud
Introduction
Previously the City Council authorized the expenditure of up to $1 million of Municipal State Aid funds
for the fmancing of a Mn/DOT study on TH169 in the City of Elk River.
Discussion
In order to formalize the arrangement between Mn/DOT and the City of Elk River for funding of the
TH169 corridor study, Mn/DOT has prepared the attached Agreement. The Agreement calls for the city
to fund the $1 million in two payments of $500,000 each. The fIrst is due upon invoice from Mn/DOT;
the second will be invoiced after July 1, 2007. The Agreement can be terminated at any time by written
agreement of the parties.
Financial Impact
The city has agreed to fund $1 million for this study. Funding is to come from the city's Municipal State
Aid account.
Attachments
· Agreement between the City of Elk River, Minnesota and Minnesota Department of
Transportation for corridor study.
Action Requested
Formal approval of the Agreement and authorization for the Mayor and city administrator to execute the
Agreement on behalf of the city.
Council Action
Motion by _
Second by _
Vote
Follow Up
S: \EngineerImprovProj\2006 Improvement Projects \ TH 169 Study\Mndot Agreement for Study. doc
Mn/DOT Agreement #90363P
AGREEMENT BETWEEN
CITY OF ELK RIVER, MINNESOTA
AND
MINNESOTA DEPARTMENT OF TRANSPORTATION
FOR CORRIDOR STUDY
This Agreement is entered into by the State of Minnesota, acting through its
Commissioner of Transportation ("Mn/DOT") and the City of Elk River, Minnesota
("City").
Background Recitals
Under Minnesota Statutes Section 174.02, subdivision 6, Mn/DOT may enter into
Agreements with governmental or nongovernmental entities for research and
experimentation, for sharing facilities, equipment, staff, or other means of providing
transportation-related services; or for other cooperative programs that promote
efficiencies in providing governmental services or that further the development of
innovation in transportation for the benefit of the citizens of Minnesota; and
Mn/DOT and the City wish to complete a corridor study of the TH 169 corridor through
the Elk River area; and
Project Management for the study will reside with Mn/DOT; and
The parties anticipate the corridor study will be completed by December 31, 2008.
CONTRACT
1. Term of Agreement
1.1 Effective date: upon execution and approval by the appropriate City and
Mn/DOT officials pursuant to Minnesota law.
1.2 Expiration date: December 31, 2008
2. Authorized Representatives
2.1 Mn/DOT's authorized representative for purposes of administering this
Agreement is Craig Robinson, Project Development Engineer, Mn/DOT
District 3, 3725 12th Street North, St. Cloud, MN 56303 (320-223-6526).
2.2 The City's authorized representative for purposes of administering
this Agreement is Terry Maurer, Elk River City Engineer, City of Elk
River, 13065 Orono Parkway, Elk River, MN 55330.
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Mn/DOT Agreement #90363P
3. Mn/DOT Responsibilities
3.1 Mn/DOT will hire and manage a consultant for the purposes of conducting
the corridor study.
3.2 Mn/DOT will require the consultant to submit draft written reports for
Mn/DOT and the City's review, including a final report documenting the
analysis and results with any supporting maps, graphics and tables.
3.3 Mn/DOT will administer the consultant contract, including consultant
selection, work plan, timetable, evaluation of work, and payments.
3.4 Mn/DOT will provide the City with all reports and other documents
prepared by the consultant.
4. City Responsibilities. City will:
4.1 Upon receipt of invoice, provide a fIrst half payment of $500,000 as its
share of the cost of the corridor study. A second payment of$500,000
will be invoiced after July 1, 2007.
4.2 Attend project/advisory team meetings.
4.3 Review any written reports or materials that are produced as a result of the
study. Respond with comments, as necessary, by established project
deadlines.
5. Payment
This project will consist of two lump sum payments of $500,000 each.
Within 30 days of receipt of invoice, the City will pay $500,000 to Mn/DOT,
made to the order of Commissioner of Transportation and mailed to:
Minnesota Department of Transportation
Accounting & Finance Section, MS 215
395 John Ireland Blvd
St. Paul, MN 55155
Attn: Accounts Receivable, Agreement #90363P
A second invoice will be sent after July 1, 2007.
6. Liability
Each party will be responsible for its own acts and behavior and the results thereof.
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Mn/DOT Agreement #90363P
7. Audit
Under Minnesota Statutes SI6C.05, subd. 5, the books, records, documents and
accounting procedures and practices of the City and Mn/DOT relevant to this
Agreement are subject to examination by Mn/DOT and the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of
this Agreement.
8. Termination
This Agreement may be terminated prior to the expiration date only by the written
agreement of the parties. All unused money (determined on a percentage of
project completion basis) from the City shall be returned to the City without
interest.
9. Assignment and Amendments
9.1 Assignment: Neither party may assign nor transfer any rights or
obligations under this Agreement without the prior consent of the other
party and a fully executed Assignment Agreement, executed and approved
by the same parties who executed and approved this Agreement, or their
successors in office.
9.2 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 the original agreement, or their successors in office.
10. Government Data Practices
10.1 The parties must comply with the Minnesota Government Data Practices
Act, Minnesota Statutes Chapter 13, as it applies to all data provided by
MnlDOT under this contract, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the City
under this contract. The civil remedies of Minnesota Statutes S 13.08
apply to the release of the data referred to in this clause by either the City
or MnlDOT.
11. Waiver; Contract Complete
11.1 Waiver. If a party fails to enforce any provision of this contract, that
failure does not waive the provision or the party's right to subsequently
enforce it.
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Mn/DOT Agreement #90363P
11.2 Contract Complete. This contract contains all negotiations and
agreements between Mn/DOT and the City. No other understanding
regarding this contract, whether written or oral, may be used to bind either
party .
IN WITNESS WHEREOF, the parties have caused this agreement to be du1y executed,
intending to be bound thereby.
CITY OF ELK RIVER
MINNESOTA DEPARTMENT OF
TRANSPORTATION
By
By
Title
Title
Date
Date
By
Title
COMMISSIONER OF ADMINSTRATION
Date
By
Date
MN/DOT OFFICE OF CONTRACT
MANAGEMENT
As to form and execution
By
Title
Date
INCLUDE A COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING
ITS EXECUTION.
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