Res 2013-66
RESOLUTION NO. 2013 - 66
A RESOLUTION TO APPROVE A COOPERATIVE CONSTRUCTION AGREEMENT
WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO ENABLE
INSTALLATION AND MAINTENANCE OF MISSISSIPPI RIVER TRAIL (MRT)
SIGNAGE
WHEREAS
, the Minnesota Department of Transportation (MNDOT) in cooperation 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 City of Fridley has duly considered said proposed route and determined it to be a
suitable route through the City of Fridley and desire that the route be formally designated so that it
can be appropriately mapped and signed, thereby promoting bicycle tourism locally and throughout
Minnesota along the Mississippi River; and
WHEREAS
, the City Council of the City of Fridley approved Resolution 2012-87 that expressed its
approval and support for the development of the Mississippi River Trail (USBR 45) and requested
that the appropriate government officials take action to officially designate the route accordingly as
soon as possible; and
WHEREAS
MNDOT has prepared the attached Cooperative Construction Agreement which
identifies the roles and responsibilities relating to the installation and maintenance of signage to
provide for the proper designation of the Mississippi River Trail (USBR 45), and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY, MINNESOTA
, that the City of Fridley enter into the attached cooperative construction
agreement with the State of Minnesota Department of Transportation to provide for installation and
maintenance of signage for designation of the Mississippi River Trail (USBR 45),
AND THEREFORE, BE IT FURTHER RESOLVED
that the Mayor and the City Manager are
authorized to execute the Agreement and any amendments to the Agreement.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
th
28 DAY OF OCTOBER 2013
.
______________________________
ATTEST: SCOTT J. LUND MAYOR
________________________________
DEBRA A. SKOGEN - CITY CLERK
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Blaine
Coon Rapids
Mississippi River Trail (MRT)
Bicycle Route Map
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City of Fridley
County BoundaryMRT Route on Municipal Street
City BoundaryRest of MRT Route
Open WaterMNDOT Highways
Spring Lake Park
Other Roads
Spring Lake Park
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January 11, 2012
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47
Mounds View
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Brooklyn Park
252
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252
Fridley
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65
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New Brighton
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§
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65
Brooklyn Center
694
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47
§
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694
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§
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694
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Hilltop
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94
Columbia Heights
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94
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Minneapolis
Saint Anthony
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Saint Anthony
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Mn/DOT Contract No:
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY OF FRIDLEY
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 FRIDLEY acting through its City Council (“City”).
Recitals
1.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 stated its support of the development of the Mississippi River Trail (MRT) which traverses City
roadways and trails in accordance with Resolution of Support dated December 3, 2012; and
3.The State wishes to sign the route and will do so through 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 purpose 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 Statutes § 160.266, subdivision 4 authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority to establish, develop, maintain, and operate
the bikeway and to interpret associated natural and cultural resources.
Agreement
1.Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits
1.1.
Effective date.
This Agreement will beeffective on the date the State obtains all signatures required by
Minnesota Statutes § 16C.05, subdivision 2.
1.2..
Expiration date
This Agreement will expire when all obligations have been satisfactorily fulfilled.
1.3.
Survival of terms.
All clauses which impose obligations continuing in their nature and which must survive
in order to give effect to their meaning will survive the expiration or termination of this Agreement,
including, without limitation, the following clauses: 4. Maintenance by the City; 7. Liability; Worker
Compensation Claims; 9. State Audits; 10. Government Data Practices; 11. Governing Law; Jurisdiction;
Venue; and 13. Force Majeure.
1.4.
Renewal of Contract.
At the time the MRT sign panels require systematic renewal, the parties will review
this agreement.
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Mn/DOT Contract No:
1.5.
Plans, Specifications, Special Provisions.
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 incorporated into this Agreement by reference. ("Project Plans")
1.6..
Exhibit A
Proposed MRT route along with the resolution of support are attached and incorporated into this
Agreement.
2.Construction by the State
2.1.
Contract Award.
The State will advertise for bids and award a construction contract to the lowest
responsible bidder according 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 SB11MN(007).
2.2.
Direction, Supervision and Inspection of Construction.
A.
Supervision and Inspection by the State.
The State will direct and supervise all construction activities
performed under the construction contract, and perform all construction engineering and inspection
functions in connection with the contract construction. All contract construction 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 construction 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 entry and
permit to perform the sign installation construction, the location of such work is available on the Project Plans.
4.Maintenance by the City.
A.
Upon completion of the project, 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 destroyed. 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 AuthorizedRepresentative 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 Ireland Boulevard, Mailstop 315, St. Paul, MN 55155
Telephone: (651) -366-4162
E-Mail: tim.mitchell@state.mn.us
5.2.
The City's Authorized Representative will be:
Name/Title: James Kosluchar, Public Works Director (or successor)
Address: 6431 University Avenue NE, Fridley, MN 55432-4383
Telephone: (763) 571-3450
E-Mail koslucharj@ci.fridley.mn.us
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Mn/DOT Contract No:
6.Assignment; Amendments; Waiver; Contract Complete
6.1.
Assignment.
Neither party may assign or transfer any rights or obligations under this Agreement without the
prior consent of the other party 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.
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 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 failure does not waive the provision
or the party’s right to subsequently enforce it.
6.4.
Contract Complete.
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 thereof. Minnesota Statutes
§ 3.736 and other applicable law govern liability of the State. Minnesota Statutes 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 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 from the end of this Agreement.
10.Government Data Practices
The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter
13, as it applies to all data provided 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 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, interpretation and enforcement of this Agreement. 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.Termination; Suspension
12.1.
By Mutual Agreement
. This Agreement may be terminated by mutual agreement of the parties.
12.2.
Termination for Insufficient Funding
.The State may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a
level sufficient to allow for the performance of contract construction under the Project. Termination must be
by written or fax notice to the City.
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Mn/DOT Contract No:
12.3.
Suspension.
In the event of a total or partial government shutdown, the State may suspend this Agreement
and all work, activities and performance of work authorized through this Agreement.
13.Force Majeure
Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in
performance), if such failure or delay is due to a force majeure 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 terrorism, or public health emergencies.
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Mn/DOT Contract No:
CITY OF FRIDLEY DEPARTMENT OF TRANSPORTATION
The undersigned certify that they have lawfully
Recommended for Approval:
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
By:
resolutions or ordinances.
(District Engineer)
By: Date:
Title:
Approved:
Date: By:
(State Design Engineer)
By:
Date:
Title:
COMMISSIONER OF ADMINISTRATION
Date:
By:
(With delegated authority)
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS
EXECUTION.
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