The URL can be used to link to this page

Home My WebLink About2013-09-18 PACKET 04.F.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # � DATE 9/18/13 • . PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR **��****�****�******************************�*** COUNCIL ACTION REQUEST Consider approving Mn/DOT Agreement No. 04427 to allow the State to access City right-of- way property to install Mississippi River Trail signs and for the City to maintain these signs. STAFF RECOMMENDATION Adopt the resolution approving Mn/DOT Agreement No. 04427. BUDGET IMPLICATION $N/A $N/A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION: ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ SUPPORTING DOCUMENTS: DATE REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: Memo from Jennifer Levitt dated 9/12/13 � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Mn/DOT Agreement No. 04427 /_\ i71 � l l� 1[+� �:7 _ � r i 7:�[+Y Ki7 ►� i l� i 1�� 9 �� 1 � Date *****�****�*:�*****�****�*********�************** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage � Grove � Pride andP�OSPerity Meet To: Honorable Mayor and City Council Ryan Schroeder, City Administrator From: Jennifer M. Levitt, P.E., City Engineer Date: September 12, 2013 Re: Mississippi River Trail (U.S. Bicycle Route 45) Cooperative Construction Agreement Backqround On May 10, 2013, the Mississippi River Trail (MRT) between Elk River and Hastings was designated as a"United States Bicycle Route" (USBR). This was the third and final segment of the MRT to be designated as part of USBR 45, a 700 mile route that runs from the headwaters of Lake Itasca to the lowa border. This has been an ongoing process over the past few years, where Mn/DOT has been conveying meetings up and down the river to invite local road and trail authorities to join in identifying an exciting bicycle adventure route along the Mississippi River within Minnesota. In the process, it was discovered there is grass-root support for taking something that already exists (low use roads, roads with shoulders, and off-road trails) to string together a bicycle route with appeal to local, regional, national and even international users. Now that the route has been formally designated, Mn/DOT is working on appropriately signing the route. Discussion As the next step in the project, Mn/DOT has proposed a cooperative construction agreement with the City of Cottage Grove. This agreement allows the State and its contractors to access the City right of way or property for the purpose of installing Mississippi River Trail signs and for the City to maintain these signs upon completion. Mn/DOT will be completing this work as part of their Elk River to Hastings sign installation project in 2014. Recommendation It is recommended the City Council adopt a resolution approving Mn/DOT Agreement No. 04427 with the State of Minnesota, Department of Transportation. RESOLUTION NO. 2013-XXX RESOLUTION AUTHORIZING THE EXECUTION OF MN/DOT AGREEMENT NO. 04427 TO ALLOW THE STATE TO ENTER CITY RIGHT-OF-WAY TO INSTALL SIGNS ALONG THE MISSISSIPPI RIVER TRAIL ROUTE IT IS RESOLVED that the City of Cottage Grove will enter into Mn/DOT Agreement No. 04427 with the State of Minnesota, Department of Transportation for the following purposes: To provide for the State to enter upon City Right-of-Way to install Mississippi River Trail signing along the designated Mississippi River Trail route on City roadways and for the City to provide for proper maintenance of the route signing. Such work will be conducted under State Project No. 8825-486 on various Trunk Highway routes. IT IS FURTHER RESOLVED that Jennifer Levitt, City Engineer/Community Development Director, is authorized to execute the Agreement and any amendments to the Agreement. Passed this 18th day of September 2013. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk CERTIFICATION I certify that the attached Resolution is an accurate copy of the Resolution adopted by the City Council of the City of Cottage Grove at an authorized meeting held on the 18th day of September 2013, as shown by the minutes of the meeting in my possession. (Signature) (Type or print name) (Title) Subscribed and sworn to before me this day of , 2013. Notary Public My Commission Expires '1f'�E Mn/DOT Contract No: 04427 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF COTTAGE GROVE COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (S.P.): 8825-486 Estimated Amount Receivable Fed. Project Number (S.P.): SB11MN(007) None Trunk Highway Number (T.H.): Various Routes State Aid Project Number (S.P.): 088-060-002 State Aid Project Number (S.P.): 091-060-103 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and CITY OF COTTAGE GROVE acting through its City Council ("City"). Recitals l. The State will perform Mississippi River Trail (MRT) sign installation construction and other• associated construction upon, along and adjacent to various Trunk Highways, County Roads, City Streets, Township Roads, or trails according to State-prepared plans, specifications and special provisions designated by the State as State Project No. 8825-486 ("Project"); and 2. The City has sfated its support of the development of the Mississippi River Trail (MRT) which traverses City roadways and trails in accordance with Resolution of Support dated March 6, 2013; and 3. The State wishes to sign the route and will do so tlu•ough a construction contract; and 4. The State requests that the City grant the State and its contractor the right to enter upon City right of way or property for the puipose of installing the MRT signs, including posts and hardware as needed, along the designated routes; and 5. The State requests and the City agrees to maintain the signs in accordance with City standard maintenance practices; and 6. Minnesota Stahrtes § 160.266, subdivision 4 authorizes the Commissioner of Transportation to make ai7�angements with and cooperate with any governmental authority to establish, develop, maintain, and operate the bikeway and to interpret associated nariiral and cultural resources. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effectzve date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Stahltes § 16C.05, subdivision 2. I.2. Expiratio�a date. This Agreement will eYpire when all obligations have been satisfactorily fulfilled. 1.3. Scrrvival of tet�iazs. All clauses which impose obligations continuing in their nature and which must suivive in order to give effect to their meaning will survive the expir�ation or tei of this Agreement, including, without limitation, the following clauses: 4. Maintenance by the City; 7. Liability; Warker Compensation Claims; 9. State Audits; 10. Government Data Practices; 11. Governing Law; Jtu•isdiction; Venue; and 13. Force Majem�e. 1.4. Renewal of Coratt•act. At the time the MRT sign panels require systematic renewal, the parties will review this agreement. -1- Mn/DOT Contract No: 04427 1.5. Plans, Specific�tions, Specinl Pf�ovisions. Plans, specifications and special provisions designated by the State as State Project No. 8825-486 are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incoiporated into this Agreement by reference. ("Project Plans") 1.6. ExhibitA. Proposed MRT route along with the r•esolution of support are attached and incorporated into this Agreement. 2. Construction by the State 21. ContractAwar�l The State will advertise for bids and award a construction conn•act to the lowest responsible bidder accarding to the Project Plans, at no cost to the City. The State has obtained funding for the fabrication of the panels and the installation of the signs from the Mississippi River Parkway Commission of Minnesota agreement SB 11MN(007). 2.2. Dij•ection, SupeYVision and Inspection of Constf•uction. A. SupeYVision and Inspectiofz by tlze St�te. The State will direct and supelvise all conshuction activities performed under the construction conh•act, and perfo�m all construction engineering and inspection functions in connection with the contract construction. All contract consh•uction will be performed according to the Project Plans. B. Inspection by the City. The City sign installation construction covered under this Agreement will be open to inspection by the City. If the City believes the City participation construction covered under this Agreement has not been properly performed or that the construction is defective, the City will inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City 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 participation consh•uction covered under this Agreement. 3. Permit to Construct The City, at no cost to the State, hereby grants to the State and its contractor, an immediate right of entiy and permit to perform the sign installation consri•uction, the location of such work is available on the Project Plans. 4. Maintenance by the City. A. Upon completion of the pr�oject, the City agrees to maintain the signs in accordance with City standard maintenance practices. B. The State will fabricate a limited number of additional sign panels to replace those panels that may become damaged or destr•oyed. The City may request replacement of damaged or destroyed MRT sign panels, and if available they will be provided at no cost. 5. 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. 5.1. The State's Authorized Representative will be: Name/Title: Tim Mitchell, Bicycle and Pedestrian Coordinator, (or successor) Address: 395 John I�•eland Boulevard, Mailstop 315, St. Paul, MN 55155 Telephone: (651) -366-4162 E-Mail: tim.mitchell(�a,state.mn.us 5.2. The City's Authorized Representative will be: Name/Title: Jennifer Levitt, Engineer (or successor) Address: 7516 80` Street South, Cottage Grove, MN 55016-3161 Telephone: (651) 458-2890 E-Mail: jlevitt@cottage-grove.org -2- Mn/DOT Contract No: 04427 6. Assignment; Amendments; Waiver; Contract Complete 6.1. Assigyatnent. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other pariy and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 6.2. A»aefid�tents. 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. 6.3. Waiver. If a party fails to enforce any provision of this Agreement, that faihu•e does not waive the provision or the party's right to subsequently enforce it. 6.4. Contract Contplete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 7. Liability; Worker Compensation Claims 7.1. 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 thereo£ Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Stahrtes Chapter 466 and other applicable law govern liability of the City. 7.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 8. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 9. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's bool<s, r•ecords, 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 fi•om the end of this Agreement. 10. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Miimesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stor•ed, used, maintained, or disseminated by the City 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 or the State. 11. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, inteipretation and enforcement of this AgY•eement. 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. 12. Tei•mination; Suspension 121. By Mutacal Agi•eesnent. This Agreement may be telminated by mutual agreement of the parties. 12.2. Tet•nainc�tiorz fof� Ifasccfficietzt Fanl�ling. The State may iinmediately terminate this Agr•eernent if it does not obtain fiinding fi�om the Mimiesota Legislature, or other fiinding source; or if fiinding cannot be continued at a level sufficient to allow for the performance of contract construction tmder the Project. Termination must be by written or fax notice to the City. -3- Mn/DOT Contract No: 04427 12.3. Suspefrsio�t. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities and performance of work autharized through this Agreement. 13. Force Majeure Neither party will be responsible to the other for a failure to perfoim under this Agreement (or a delay in performance), if such failure or delay is due to a force majetu•e 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 ten•orism, or public health emergencies. [The remainder of this page has been intentionally left blank] -4- Mn/DOT Contract No: 04427 CITY OF COTTAGE GROVE The undersigned certify that they have lawfiilly executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, r•esolutions or or•dinances. DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: (District Engineer) By: Title; Date: By: Title: Date: Date: Approved: By: (State Design Engineer) Date: COMMISSIONER OF ADMINISTRATION : (With delegated authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGR�EMENT AND AUTHORIZING ITS EX�CUTION. -5- i j ; � � i ; t i � i 3� � "� ' !4} � � ,�'� � �� k:� � _m �'� R�SOI.UTION Nt7. 2013-020 A RESOLUTION STATING THE SUPPORT OF THE CITY OF COTTAGE GROVE, MWNESOTA FOR THE DEV�L.C3PMENT oF TFI� MISSISSIPPI RIVER TRAIL {U.S. BICYCLE R�UTE 45) WHEREAS, bicycle tourism is a growing industry in North America, presently contributing approximately $47 billion dollars a ysar nationally to the economies of communities thaf provide facilifies for said tourisrn; a��d WHEREAS, the American Association ofi State Highway and Transportation Officiais (AASHTO) has designated a corridor along the Mississippi River to be developed as United States Bike Route 45; an�l WHEREAS, fhe Minnesota Department of Transportafion (Mn/DOT) has convened severai pubiic meetings during the previoi�s eighteen months locally and throughout the River's corridor to gather information, review raute alternatives, and to provide assistanc�; and WH�REAS, the Mn/DOT in coopera#ion with road and trail authorities have proposed a specific route to be designated as the Mississippi River Trail (USBR 45), a map of which is herein incorporated into this resolution by reference; and WHEREAS, the proposed Mississippi River Trail (USBR 45) traverses through Coftage Grove and is expecfed to provide a#�enefit to local residents and businesses; a�d WHEREAS, the MnJDOT will continue to maintain statewide mapping and information regarding the Mississippi River Trail (USBR 45), convene meetings, and facilitate the resolution of issues ar�d fufure alignment revisions within the State; and WH�REAS, the City of Coftage Grove has a variefy of high guality natural and bu�lt envi��onments that wi(! complement and contribu#e to the experience of the bicyclist utilizing USBR 45; and WHEREAS, the City of.Cottage Grove has duly considered said pro�osed rou#e and determined it ta be a suitable route through the city and desire that the route be formally ctesignated so that it can be appt mapped and signed, thereby promoting bicycle tourism locally and throughout Minnesota along the Mississippi River, NOW THEREFORE BE IT RESOL.VED, the City Council of the City of Coftage Grove, County of Washington, State of Minnesata, hereby expresses its approval and suppor� for the development of the Mississippi River Trail (USBR 45) and requ�sts that the apprflpriate government officials take action to officially desic�nate the route Resolution No. 2013-020 Page 2 fi�f� �>�� .._, _ �� , . ....�... accordingly as soon as possible. All resolutions and pat�ts of resol�ations insofar as they conflict with the pravisions of this resolution be and the same are hereby rescinded, Passed this 6th day of March 2013. AtEest: .�� , � � _ Li �. ;. - , �_ �� '��.� Caron M. Stransky, City Clerk