6.1. SR 09-15-2008.''~ ~i
Elk REQUEST FOR ACTION
River
To Item Number
Ma or and Ci Council 6.1.
Agenda Section Meeting Date Prepared by
Public Works Se tember 15, 2008 Ter Maurer, Public Works Director
Item Description Reviewed by
193Td Avenue Corridor Improvements between TH 169 and Lori Johnson, Ci Administrator
CSAH 13 Reviewed by
Tim Simon, Finance Director
Action Requested
Adopt Resolution approving Minnesota Department of Transportation Agency Agreement No.
93359 and adopt Resolution Approving Plans and Authorizing the Advertisement for Bids for the
193`d Avenue Street Construction Improvement.
Background/Discussion
The City has finally received approval from MnDOT and the Federal Highway Administration
through MnDOT for the advancement of the 193T~ Avenue Street Improvement from TH 169 to
CSAH 13. Approval was verbal; staff expects written approval prior to Monday's meeting.
MnDOT's approval and authorization to proceed has one small contingency. The plans are still
being reviewed by the Bureau of Indian Affairs and any findings they bring forth will need to be
addressed (none axe expected -the MnDOT review letter to the Bureau of Indian Affairs went
out late; therefore, they are extending the time period they have to respond).
The first item for Council consideration is a MnDOT Agency Agreement. The agreement simply
states that the City has secured federal funds for the construction of 193`d Avenue, but plans to
construct the project in advance of the year it is programmed for the federal funds. Currently,
approximately half of the federal funds are programmed in fiscal year 2009 and the remaining
funds are programmed in fiscal year 2010. This agreement simply lays out the parameters and the
City and MnDOT responsibilities relative to the project being constructed.
Attached is a resolution in a MnDOT format that approves the Agency Agreement and allows the
Mayor and Administrator to execute it on behalf of the City Council.
The second item for the City Council's consideration is a resolution approving the plans and
specifications and authorizing the advertisement fox bids. MnDOT has set the project up so that
bids would be opened on Monday, October 13. We anticipate approximately a week's time after
the bid opening for MnDOT to review the bids and approve the award of the contract. We are
estimating that the contract award would be on the Council agenda October 20, 2008.
Financial Impact
This project is proposed to be funded through a number of sources including a SAFTEA-LU
Grant in the amount of $996,000, Municipal State Aid Funds, a Transportation Revolving Loan
Fund in the amount of approximately $2.5 million, which will be repaid over time using Municipal
State Aid Funds, and finally, local funds. Tim Simon, Finance Director, has been actively
involved in the financing of this project and has reported to the Council on a couple of occasions
over the past several months.
Attachments
• MnDOT Agency Agreement
• Resolution Approving MnDOT Agency Agreement
• Resolution Approving Plans and Authorizing Advertisement for Bids
ACtIOn Motion by Second by Vote
Follow Up
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~ Mn/DOT Agreement No. 93359
STATE OF MINNESOTA AGENCY AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
AND
CITY OF ELK RIVER
FOR FEDERAL PARTICIPATION IN ADVANCE CONSTRUCTION
FOR
S.P. 204-104-07; M.P. STPX7109(112)
This agreement is entered into by and between City of Elk River ("City") and the State of
Minnesota acting through its Commissioner of Transportation ("Mn/DOT"),
Agency Agreement No. 84231 which has been executed between the City and Mn/DOT,
appoints Mn/DOT as the City's agent to receive and disburse transportation related federal
funds, and sets forth duties and responsibilities for letting, payment, and other procedures for a
federally funded contract let by the City; and
Pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act as the
City's agent to accept and disburse federal funds for the construction, improvement, or
enhancement of transportation financed in whole or in part by federal funds; and
The City is proposing a federal aid project to reconstruct Municipal State Aid Street
104 from County State Aid Highway 13 to Trunk Highway 169, hereinafter referred to as the
"Project"; and
The Project has been determined to be eligible for the expenditure of federal aid funds
and is programmed in the approved federally approved STIP for the fiscal year 2009; and the
project is identified in Mn/DOT records as State Project 204-104-07, and in Federal Highway
Administration ("FHWA") records as Minnesota Project STPX7109(112); and
The City desires to proceed with the construction of the project in advance of the year it is
programmed for the federal funds; and
It is permissible under Federal Highway Administration procedures to perform advance
construction of eligible prof ects with non-federal funds, with the intent to request federal funding
for the federally eligible costs in a subsequent federal fiscal year, if sufficient funding and
obligation authority are available; and
The City desires to temporarily provide City State Aid and/or other local funds in lieu
of the federal funds so that the project may proceed prior to the fiscal year designated in the
(Mn/DOT Agreement No. 93359)
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STIP; and
Mn/DOT requires that the terms and conditions of this agency be set forth in an
agreement.
THE PARTIES AGREE AS FOLLOWS:
L DUTIES OF THE CITY.
A. The City will let a contract and construct the Project in accordance with Agency
Agreement No. 84231. Payment provisions for federally eligible costs will be as
stated herein.
B. It is estimated that the total cost of the Project is $ 4,012,390 and that the
anticipated federal funding will be capped at $ 996,000. The remaining share
will be paid by the City.
C. The City will pay any part of the cost or expense of the Project that is not paid by
federal funds.
D. Request for reimbursement of the federal aid share of the federally eligible costs
will be made after October 1, 2008, or earlier if funding and obligation authority
are available (subject to the Area Transportation Partnership (ATP) policy).
E. If the project is converted to federal funding before completion and final
acceptance, requests for reimbursement will occur as partial estimates in
accordance with Agency Agreement No. 84231.
F. Under Minnesota Statutes § 16C.05, subd. 5, the (Governmental Unit's) books,
records, documents, and accounting procedures and practices relevant to this
Agreement are subject to examination by the State and the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years.
II. DUTIES OF Mn/DOT.
A. Mn/DOT will make the necessary requests to the FHWA for authorization to
use federal funds for the Project and designation as an Advance Construction
project.
B. Mn/DOT will request the conversion of the Project to federal funding of
eligible costs, when funding and obligation authority are available.
C. At such time that the project is converted to federal funding and such funding
is received by Mn/DOT, Mn/DOT will reimburse to the City the federal aid
(Mn/DOT Agreement No. 93359)
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share of the federally eligible costs, previously provided by the City.
Reimbursement for City State Aid funds used in lieu of federal funds, will be
deposited in the City's State Aid Account. Reimbursement for other City
funds used in lieu of federal funds will be forwarded to the City.
III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have
responsibility to administer this agreement and to ensure that all payments due to the
other parry are paid pursuant to the terms of this agreement.
A. The City authorized representative is Terry Maurer, City of Elk River, 13065
Orono Parkway, Elk River, MN 55330, or his successor.
B. Mn/DOT's authorized representative is Lynnette Roshell, Minnesota
Department of Transportation, State Aid for Local Transportation, 395 John
Ireland Boulevard, Mail Stop 500, St Paul, MN 55155, phone 651-366-3822,
or her successor.
IV. TORT LIABILITY. Each party is responsible for its own acts and omissions and the
results thereof to the extent authorized by law and will not be responsible for the acts and
omissions of any others and the results thereof. The Minnesota Tort Claims Act,
Minnesota Statutes Section 3.736, governs Mn/DOT liability.
V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this
agreement without prior written approval of the other party.
VI. AMENDMENTS. Any amendments/supplements to this Agreement must be in writing
and be executed by the same parties who executed the original agreement, or their
successors in office.
VII. TERM OF AGREEMENT. This agreement will be effective upon execution by the City
and by appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and
will remain in effect for five (5) years from the effective date or until all obligations set
forth in this agreement have been satisfactorily fulfilled, whichever occurs first.
VIII. TERMINATION. This agreement may be terminated by the City or Mn/DOT at any
time, with or without cause, upon ninety (90) days written notice to the other parry. Such
termination will not remove any unfulfilled financial obligations of the City as set forth
in this Agreement. In the event of such a termination the City will be entitled to
reimbursement for Mn/DOT-approved federally eligible expenses incurred for work
satisfactorily performed on the Project to the date of termination subject to the terms of
this agreement.
(Mn/DOT AgreementNo. 93359)
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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
intending to be bound thereby.
CITY
City certifies that the appropriate person(s)
have executed the contract on its behalf as required
by applicable resolutions, ordinances, or charter
provisions
DEPARTMENT OF TRANSPORTATION
By:
Title: Director
State Aid for Local Transportation
By:
Date:
Title:
By:
Date:
Title:
Date:
COMMISSIONER OF ADMINISTRATION
By:
Date:
(Mn/DOT Agreement No. 93359)
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RESOLUTION 08-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION APPROVING MINNESOTA DEPARTMENT OF
TRANSPORTATION AGENCY AGREEMENT #93359
BE IT RESOLVED by the City Council of the City of Elk River, Minnesota that pursuant to
Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City
of Elk River to accept as its agent, federal aid funds which may be made available for eligible
transportation related projects.
BE IT FURTHER RESOLVED, the Mayor and Administrator are hereby authorized and
directed for and on behalf of the City to execute and enter into an agreement with the
Commissioner of Transportation prescribing the terms and conditions of said federal aid
participation as set forth and contained in "Minnesota Department of Transportation Agency
Agreement No. 93359", a copy of which said agreement was before the City Council and which is
made a part hereof by reference.
Passed and adopted this 15`'' day of September, 2008.
Stephanie A. Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
S:\EngineerImprovProj\2008 Improvement Projects\193rd Ave Corridor\Resolutions\Res Approving Agent Agmt.doc
STATE OF MINNESOTA
COUNTY OF SHERBURNE
I hereby certify that the foregoing Resolution is a true and correct copy of the
Resolution presented to and adopted by the City of Elk River at a duly authorized meeting thereof
held on the 15t'' day of September, 2008, as shown by the minutes of said meeting in my possession.
Tina Allard, City Clerk
Notary Public
My Commissioner expires
(seal
S:\LngineerImprovProj\2008 Improvement Projects\193rd Ave Corridor\Resolutions\Res Approving Agent Agmt.doc
RESOLUTION 08-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS
AND ORDERING THE ADVERTISEMENT FOR BIDS
IN THE MATTER OF THE 193rd AVENUE STREET
IMPROVEMENT OF 2008
WHEREAS pursuant to City Council direction, the Project Engineer has prepared plans and
specifications for the 193rd Avenue Street improvement, which plans and
specifications have been reviewed by the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
Minnesota:
Such plans and specifications, a copy of which are available for inspection through the City
Clerk's office and incorporated herein by this reference, are hereby approved.
2. The City Administrator shall prepare and obtain the publication of an advertisement for bids
for the making of the improvement pursuant to the plans and specifications. The
advertisement shall be published once each week for three consecutive weeks, shall specify
the work to be done, and shall state that the bids will be received by the City Administrator
until 10:00 a.m. on Monday, October 13, 2008, at which time the bids will be publicly
opened in the Council Chambers of the City Hall by the City Administrator or her designee
and the Project Engineer and will then be tabulated fox consideration by the City Council at
a meeting thereof at 6:30 p.m. on Monday, October 20, 2008, in the City Council Chambers
at City Hall. No bids will be considered unless sealed and filed with the City Administrator
and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to
the City of Elk River in the amount of 5% of the amount of such bid.
Passed and adopted this 15th day of September, 2008
Stephanie A. Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
S:\Resolutions\Resolution App Plans-Specs-order ad for bids.doc