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9.a Resolution 09-18-18-02 authorizing the execution of a cooperative agreement with MnDNR for design of Scandia to Oakhill trail segmentCITY OF SCANDIA RESOLUTION NO. 09-18-18-02 Authorizing the execution of a cooperative agreement with MnDNR for design of Scandia to Oakhill Road trail segment WHEREAS, the City of Scandia is seeking to enter into a cooperative agreement with the State of Minnesota acting by and through the Commissioner of the Department of Natural Resources for the design of a the Scandia to Oakhill Road segment of the Gateway State Trail. WHEREAS, the City of Scandia acknowledges the duties and responsibilities of the State and the City in addition to all other terms and conditions as provided in the cooperative agreement. WHEREAS, the City of Scandia will take action to appropriate from the Capital Improvement Fund an amount sufficient to meet the funding requirements of the agreement, and WHEREAS, the development of the segments of the Gateway Trail in the City of Scandia is consistent with the City's comprehensive Plan NOW THEREFORE BE IT RESOLVED, that the City of Scandia enter into the cooperative agreement with the State of Minnesota acting by and through the Commissioner of the Department of Natural Resources for the design of a the Scandia to Oakhill Road segment of the Gateway State Trail. BE IT FURTHER RESOLVED, that Mayor Christine Maefsky and City Administrator Neil Soltis are hereby authorized to execute and sign the cooperative agreement and any amendments hereto as are necessary to implement the project on behalf of City of Scandia. Adopted by the Scandia City Council this 18th day of September, 2018. Christine Maefsky, Mayor ATTEST: Neil Soltis, Administrator/Clerk GATEWAY STATE TRAIL COOPERATIVE AGREEMENT DESIGN OF SCANDIA TO OAKHILL ROAD TRAIL SEGMENT This Agreement, between the State of Minnesota, acting by and through the Commissioner of the Department of Natural Resources, hereinafter referred to as the "State" and the City of Scandia hereinafter referred to as the "City". WITNESSETH: WHEREAS, the Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota Statutes Section 86A.05 to provide state trails and associated facilities; and WHEREAS, the Commissioner of Natural Resources has the authority, duty and responsibility under Minnesota Statutes Section 85.015, sub. 14, to establish, develop, maintain and operate the Gateway State Trail, hereinafter referred to as "the Trail"; and WHEREAS, the State and the City are authorized under Minnesota Statutes Section 471.59 to enter into agreements to jointly or cooperatively exercise common powers; and WHEREAS, the State has been provided funding by the 2014 Minnesota Legislature for the extension and expansion of the Trail; and WHEREAS, the State and City have determined that the design and subsequent development of the approximately 1+ mile segment of the Trail extending between the proposed Scandia Trailhead and the location of the proposed trail tunnel under Washington County CSAH 52 (Oak Hill Road), hereinafter referred to as the "Scandia Segment" and as shown in the map attached and incorporated into this agreement as Exhibit A, is of high priority; and WHEREAS, the State owns or has easement over that portion of the proposed Scandia Segment trail corridor located between the proposed Scandia Trailhead and the r/w of CSAH 52 as shown on the attached map attached and incorporated into this agreement as Exhibit B; and WHEREAS, the City owns or has easement over the lands proposed to be the location of the Scandia Trailhead, described in the deed and map attached and incorporated into this agreements as Exhibit C; and WHEREAS, the City is prepared to lead the completion of the conceptual, preliminary and final design of approximately 1 mile long Scandia Segment of the Trail, including the proposed Scandia Trailhead; and WHEREAS, the State is prepared to allow the City to complete the design and engineering for the Scandia Segment of the Trail, including the final plans and specifications, the trail design shall meet the requirements of the Americans with Disabilities Act (ADA) for facilities of this type and shall be in a format provided by the State; and WHEREAS, the final plans and specifications for the Scandia Segment of the Trail will be developed by the City and shall be approved by the State; and WHEREAS, upon completion of the plans and specification for the Scandia Segment of the Trail, prepared by the City and approved by the State, the State shall have sole responsibility for the development, administration, operations and maintenance of the Trail, including the Scandia Segment; and WHEREAS, should funding permit, the State may approve the City proceeding to complete the initial phases of construction of the Scandia Segment of the Trail upon written authorization to proceed from the States designated Contact; and WHEREAS, upon completion, the City shall maintain its land ownership and/or interest in the lands to be occupied by the proposed Scandia Trailhead, as described in Exhibit C. WHEREAS, a resolution or copy of the City council/board meeting minutes authorizing the City to enter into this agreement Gateway State Trail-Scandia Segment 1 City -Design DNR P&T 2Septl8 is attached and incorporated in this agreement as Exhibit D; and NOW, THEREFORE, in consideration of the mutual benefits to be derived by the public bodies hereto and for the benefit of the general public, the parties agree as follows: I. STATE'S DUTIES AND RESPONSIBILITIES a. The State shall provide technical and funding assistance with the engineering and design, including final plans, specifications and potential development of the Scandia Segment of the Trail. b. The State shall be permitted to review and approve the conceptual, preliminary and final plans and specifications for the Scandia Segment of the Trail as prepared by the City. State plan approval and comment will be provided to the City by the State's designated Project Engineer. c. The State shall have sole responsibility for the construction of the Trail upon the appropriation and/or allocation of the funding necessary for the construction as designed by the City and approved by the State. d. The State shall may provide funding assistance with the construction and construction administration of the Trail. This funding shall be limited to the project specific City expenses directly related to the construction and construction administration. e. Should initial phases of construction be approved by the State to proceed, the State shall have the right to require the City to reject any and all bids for the construction of the Trail. The State will provide the City written notice of the rejection or the requirement for rejection no later than 45 days following upon receipt of a copy of the project low bid and an abstract of all bids. f. The State shall obtain all federal and state permits necessary for the construction of the Trail. The State shall also obtain the necessary permit from Washington County for use f CSAH 52 r/w. g. Upon completion, the State and the City shall cooperatively develop and administer a seasonal maintenance plan for the segment of the Trail to be constructed within the City. II. CITY'S DUTIES AND RESPONSIBILITIES a. The City shall prepare the conceptual, preliminary and final design, engineering, construction plans, construction specifications for the development of the Scandia Segment of the Trail and the proposed Scandia Trailhead under the supervision of a licensed professional engineer. The design shall meet ADA requirements and shall be in a format approved by the State. b. The City shall permit the State to review and approve the conceptual, preliminary and final plans and specifications for the Scandia Segment of the Trail. c. The City may complete the duties necessary to identify all permits necessary for the construction of the Scandia Segment of the Trail, complete all wetland and public water permits and permit documentation deemed necessary for the construction of the Trail, through consultation with the State. d. Should initial phases of construction be approved by the State, the City shall perform all necessary bid advertisement, contract administration, construction engineering, staking, materials testing, record keeping and construction inspection, and shall administer the terms of the construction contract from contract award to certification of the final payment. e. The City may not award any construction contract for the Trail without approval by the State. Written approval and concurrence to award the construction contract will be provided to the City by the State. Gateway State Trail-Scandia Segment 2 City -Design DNR P&T 2Septl8 f. All changes to the plans, specifications and/or special provisions to the Trail during construction shall be subject to approval by the State. State approval and comment will be provided to the City by the State's designated project engineer. g. The City shall permit the construction, administration, operations and maintenance of the proposed Scandia Trailhead for the Trail, on City owned lands for the term of this Agreement. h. Upon completion, the City and the State shall cooperatively develop and administer a seasonal maintenance plan for the segment of the Trail to be developed within the City. IIl. FUNDING The State shall provide funding for it's responsibilities under Article I(a)(d) above, however, the total obligation of the State for the construction of the facility under Article I (a), as referenced in the Plan, not to exceed $100,000.00. The obligation of the State is also limited to the amount of funds legislatively appropriated and administratively allocated to this project. a. Effective Date: September 15, 2018, or the State obtains all required signatures under Minnesota Statutes Section 16C.05, Subdivision 2, whichever is later. b. Expiration Date: September 15 2019, or when all obligations under Article II (a)(c(d)) have been satisfactorily fulfilled, whichever occurs first. No additional funding will be provided, unless agreed upon by all parties and an amendment to this Agreement is completed and executed. Reimbursement will be due within thirty (30) days of the City's presentation of invoices for services performed and acceptance of such services by the State's authorized representative. The City will not receive payment for work found by the State to be unsatisfactory or preformed in violation of federal, state or local law. The invoices presented to the State by the City for reimbursement will reflect and document the total State participation, accompanied by a schedule outlining each of the following on the date of the invoice: the total project cost, the total current reimbursement request, and the total reimbursements previously received. IV. LIABILITY Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the law and shall not be responsible for the acts of the other party and the results thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and other applicable law. The City's liability shall be governed by Minnesota Statutes Sections 466.01-466.15, and other applicable law. V. TERM a. Effective Date: September 15, 2018, or the State obtains all required signatures under Minnesota Statutes Section 16C.05, Subdivision 2, whichever is later. The City shall not begin work under this Agreement until it is fully executed and the City has been notified by the State's authorized representative to begin the work. Expiration Date: September 15, 2019, except as otherwise provided herein or agreed to in writing by both parties. VI. AUDIT Under Minnesota Statutes Section 16C.05, sub. 5, the books, records, documents and accounting procedures and practices of the City relevant to the agreement shall be subject to examination by the Commissioner of Natural Resources, the Legislative Auditor and the State Auditor for a minimum of six years from the end of this agreement. VII. ANTITRUST The City hereby assigns to the State any and all claims for overcharges as to goods and/or services provided in Gateway State Trail-Scandia Segment City -Design DNR P&T 2Septl8 connection with this Agreement resulting from antitrust violations that arose under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. VIII. CANCELLATION This Agreement may be cancelled by the State at any time with cause or as necessary as provided in Article III, upon thirty (30) days written notice to the City. This Agreement may also be cancelled by the City at any time with or without cause prior to the initiation of construction upon thirty (30) days written notice to the State. This Agreement may also be cancelled by the State if it does not obtain funding from the Minnesota Legislature, or other funding sources, or if funding cannot be continued at a level sufficient to allow for the payment of services covered under this agreement. The State will notify the City by written or fax notice. The State will not be obligated to pay for services provided after the notice is given and the effective date of cancellation. However, the City shall be entitled to payment, determined on a pro -rated basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is cancelled because of a decision of the Minnesota Legislature, or other funding source, not to appropriate the necessary funds. The State shall provide the City notice of lack of funding within a reasonable time of the State's receiving that notice. IX. GOVERNMENT DATA PRACTICES The City and the State must comply with the Minnesota Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this agreement. The civil remedies of Minn. Stat. 13.08 apply to the release of the data referred to in this clause by either the City or the State. X. PUBLICITY AND ENDORSEMENT Any publicity regarding the subject matter of this agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the City individually or jointly with others, or any subcontractors, with respect to the program and services provided from this agreement. XI. COMPLETE AGREEMENT This Agreement, and amendments, constitutes the entire agreement between the parties. 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. XII. OTHER TERMS AND CONDITIONS NOTICES: Any notice, demand or communication under this Agreement by either party to the other shall be deemed to be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid to: The State The Ci Minnesota Department of Natural Resources City of Scandia Trails and Waterway Division Area (313) Supervisor City Administrator 1601 Minnesota Drive 14727 209t' Street N. Brainerd, MN 56401 Scandia, MN 55073 [The Balance of the Page Left Intentionally Blank] Gateway State Trail-Scandia Segment City -Design DNR P&T 2Septl8 IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed intending to be bound thereby. DEPARTMENT OF NATURAL RESOURCES CITY OF SCANDIA By: By: Title: Title: Date: Date: DEPARTMENT OF ADMINISTRATION CITY OF SCANDIA Delegated to Materials Management Division By: By: Title: Title: Date: Date: (EFFECTIVE DATE) STATE ENCUMBERANCE VERIFICATION Individual certifies that funds have been encumbered as req. by Minn. Stat. 16A.15 and 16C.05. Signed: Date: Contract: Gateway State Trail-Scandia Segment 5 City -Design DNR P&T 2Septl8 nyL GATEWAY STATE TRAIL COOPERATIVE AGREEMENT DEPARTMENT OF DESIGN OF SCANDIA TO OAKHILL ROAD TRAIL SEGMENT NATURAL RESOURCES Exhibit A cN am c d Q a 0 G 0 a Scandia Scandia TO N Proposed Scandia Trailhead J Sa nd Lake Q41 rrl� `J r Proposed Oak Hill Rd Tunnel 0 L o, a 185th St N z Legend pstr+um Trt N • End Points z a c m O 0 1,250 2,500 Willa nn Obrien State Park Q0 9� 2 99th St N 4 5) 5,000 = Feet Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esri Japar, METI, Esri China (Hong Kong), Esri (Thailand), Mapmylndia, © OpenStreetMap contributors, and the GIS User Community nyL GATEWAY STATE TRAIL COOPERATIVE AGREEMENT N DEPARTMENT OF DESIGN OF SCANDIA TO OAKHILL ROAD TRAIL SEGMENT n NATURAL RESOURCES Exhibit B N 1 0 295 590 1,180 oZer� t� Feet u O3 m N i Proposed Scandia Trailhead Scandie Ch / C h ild to n's T -Bell Field i r � y � I 5 Proposed Oak Hill Rd Tunnel \ x O Legend eg Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P End Points Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri Approximate Gateway Extension Easement Area (Thailand), Mapmylndia, © OpenStreetMap contributors, and the GIS User Community nyL GATEWAY STATE TRAIL COOPERATIVE AGREEMENT DEPARTMENT OF DESIGN OF SCANDIA TO OAKHILL ROAD TRAIL SEGMENT NATURAL RESOURCES Exhibit C yG Legend � Approximate Gateway Extension Easement Area OEnd Points City of Scandia Property 87.5 175 350 Feet Z Sources: Esri, HERE, DeLorme, USGS, Intermap, increme7nt P cactiis Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong),,tEsi rerfs (Thailand), Mapmylndia, © OpenStreetMap contributors, and tY Field GIS User Community