ADDITION-Gateway Trail JPA AmendmentAddition to Agenda
September 15, 2020 City Council
From: Skaar, Kent (DNR)
Sent: Tuesday, September 15, 2020 1:13 PM
To: k.cammilleri
Subject: Gateway State Trail - Joint Powers Agreement Amendment #2 - Prepared for City Signature
Ken,
Per our discussion regarding extending the existing JPA to assure that the balance of funding
remaining encumbered to the agreement remains available for a couple of more years. I am
pushing the limit by requesting 2 years but believe that it is justified. As you will note I based
the request on the difficulty of completing any associated activities following the onset of
COVID and the associated restrictions.
Should your Council approve, please have the amendment signed and you can return a scanned
copy (in color) to me. Once fully executed I’ll send you an electronic copy.
(historically – pre-march 2020 – I would have provided and option of a electronic copy or an
original copy with wet-signatures but that wet-signatures are a thing of the past for now
anyway)
Should you have any questions certainly do not hesitate to give me a call at your convenience.
Thanks Again
Kent Skaar
Cell (507) 420-4501
AMENDMENT NO 2 TO CONTRACT NO. 148087
Rev. 4/09
Contract Start Date: Sept. 30, 2018 Total Contract Amount: $ 100,000.00
Original Contract Expiration Date: Sept 30, 2019 Original Contract: $ 100,000.00
Current Contract Expiration Date: Sept 30, 2020 Previous Amendment(s) Total: $ 0.00
Requested Contract Expiration Date: Sept 30, 2022 This Amendment: $ 0.00
This amendment is by and between the State of Minnesota, through its Commissioner of Department of Natural Resources (“State”)
and City of Scandia, 14727 209th St. North, Scandia, MN 55073 (“City”).
Recitals
1. The State has an existing agreement with the City identified as CFMS Contract Number 148087 (”Original Contract”) to provide
for the design, engineering and construction of a new 1+ mile long segment of the Gateway Sta te Trail extending for the City to
the northern/western boundary of William O’Brien State Park, a project determined a priority by both parties. The proposed trail
segment is located principally to state acquired trail corridor. Although a crossing of Washington Co. Road 52, including the
installation of a trail tunnel under the roadway is required.
2. This agreement is being amended to provide for the extension of the Agreement’s conclusion of funding term and availability to
assure the time necessary to satisfactorily complete the coordination and consultation with Washington County and several
adjacent property owners necessary to complete the final engineering and design of the defined trail segment . Tasks that were
anticipated to be completed prior to the onset of the COVID pandemic and associated restrictions.
3. The State and the Contractor are willing to amend the Original Contract as stated below.
In this Amendment, changes to pre-existing contract language will use strike though for deletions and underlining for insertions.
Contract Amendment
REVISION 1. Clause III. “FUNDING” is amended as follows:
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 30, 2018, or the State obtains all required signatures under Minnesota Statutes Section
16C.05, Subdivision 2, whichever is later.
b. Expiration Date: September 30 2019, September 30, 2020 September 30, 2022 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 .
The Original Contract and any previous amendments are incorporated into this amendment by reference.
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AMENDMENT NO.2 TO CONTRACT NO. 148087
1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual certifies that funds have been encumbered as Individual certifies the applicable provisions of Minn. Stat.
required by Minn. Stat. §§16A.15 and 16C.05. §16C.08, subdivisions 2 and 3 are reaffirmed.
Signed: ____________________________________________ By: ____________________________________________
(with delegated authority)
Date: ____________________________________________ Title: ____________________________________________
SWIFT Contract No. 148087 Date: ________________________________________
2. CONTRACTOR 4. COMMISSIONER OF ADMINISTRATION
The Contractor certifies that the appropriate person(s) have As delegated to Materials Management Division
executed the contract on behalf of the Contractor as required
by applicable articles, bylaws, resolutions, or ordinances. By: ____________________________________________
By: ____________________________________________ Date: ____________________________________________
Title: ____________________________________________
Distribution:
Date: ____________________________________________ Agency
Contractor
State’s Authorized Representative - Photo Copy