3.3. SR 12-03-2007..^+~/
City of
Elk -~--,
River
REQUEST FOR ACTION
To Item Number
Ci Council 3.3.*
Agenda Section Meeting Date Prepared by
Consent December 3, 2007 Ter Maurer, Public Works Director
Item Description Reviewed by
Resolution Approving MnDOT Agreement #92097 for the TH Lori ohnson, Ci Administrator
10 Corridor Geometric Study Reviewed by
Action Requested
City Council is requested to approve the attached resolution entering into the MnDOT agreement
#92097 for the TH 10 Corridor Study and authorizing the appropriate city officials to sign the agreement.
Background/Discussion
Previously, the City Council met with MnDOT officials and their consultants, SRF Consulting Group,
regarding the addition of a portion of TH 10 Corridor to the 169 Corridor study currently on-going. The
City has indicated they are willing to spend up to $500,000 for the study of the TH 10 corridor through
the downtown area. The City Council reviewed a work scope and schedule provided by MnDOT's
consultant at a previous meeting.
Financial Impact
The cost of the corridor study is $500,000 which has been budgeted in the 2008 streets CIP.
Attachments
Agreement #92097
Resolution approving Agreement #92097 and authorizing city officials' signatures
Action Motion by Second by Vote
Follow Up
S:\Council\TexryM\2007\Adoption of Resolution approving MnDOT Agreement for TH 10 Corridor study.doc
Mn/DOT Agreement#92097
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 10 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 January 1, 2011.
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: January 1, 2011
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.
Mn/DOT Agreement #92097
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 full payment of $500,000 as its share of
the cost of the corridor study.
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 one lump sum payment of $500,000.
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 #92097
6. Liability
Each parry will be responsible for its own acts and behavior and the results thereof.
2
Mn/DOT Agreement #92097
7. Audit
Under Minnesota Statutes § 16C.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
Mn/DOT 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 § 13.08
apply to the release of the data referred to in this clause by either the City
or Mn/DOT.
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.
3
t
Mn/DOT Agreement #92097
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 duly executed,
intending to be bound thereby.
CITY OF ELK RIVER
By
Title
Date
By
Title
Date
MINNESOTA DEPARTMENT OF
TRANSPORTATION
By_
Title
Date
COMMISSIONER OF ADMINSTRATION
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.
4
RESOLUTION 07-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION APPROVING MNDOT AGREEMENT #92097 AND
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE
THE AGREEMENT
WHEREAS, the City of Elk River is currently involved with MnDOT in a corridor study
of TH 169; and
WHEREAS, the city believes it would be in their best interest to include a portion of TH
10 through the downtown area in the study; and
WHEREAS, MnDOT has agreed to add this portion of the TH 10 study to the current
TH 169 study.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota:
1. MnDOT Agreement #92097 for the corridor study on TH 10 is hereby approved.
2. The appropriate city officials are hereby authorized to sign Agreement #92097 for
the City of Elk River.
Passed and adopted this 3`d day of December, 2007.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, Ciry Clerk