HomeMy WebLinkAbout05(E) - Resolution Receiving Bids, Awarding a Contract, and Approving a Cooperative Maintenance Agreement with MnDOT for TH 13 Trail Segment 1 (CR 42 to Oakland Beach Ave SE) (2025-02) Report
ITEM: 5E
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 22, 2025
PREPARED BY: Christine Watson, Public Works Supervisor – Administration
Luke Schwarz, Assistant City Engineer
PRESENTED BY: Nick Monserud, Public Works Director/City Engineer
AGENDA ITEM: Resolution Receiving Bids, Awarding a Contract, and Approving a
Cooperative Maintenance Agreement with MnDOT for TH 13 Trail
Segment 1 (CR 42 to Oakland Beach Ave SE) (2025-02)
RECOMMENDED ACTION:
Two actions are recommended in this agenda item:
Adopt a resolution receiving the bids and awarding a contract for TH 13 Trail Segment 1
(CR 42 to Oakland Beach Ave SE). This action is contingent upon receipt of required
federal aid process documents.
Adopt a MnDOT resolution authorizing a Cooperative Maintenance Agreement for TH 13
Trail Segment 1 (CR 42 to Oakland Beach Ave SE).
BACKGROUND:
At the May 14, 2025 city council meeting, the council approved a work order with WSB &
Associates, Inc. (WSB) to provide professional services associated with the final design, bidding,
and construction administration for the TH13 Trail Segment 1 project. This section of trail extends
from CR 42 to Oakland Beach Ave SE.
The project was advertised for bidding on June 14 and June 21, 2025. The following bids were
received and publicly opened on July 9, 2025:
Company Bid
JTS Construction $1,981,161.00
Krueger Excavating, Inc. $1,987,093.00
Peterson Companies $2,162,207.02
Max Steininger, Inc. $2,221,327.19
Urban Companies $2,279,023.50
BCM Construction, Inc. $2,304,321.06
The low bid of $1,981,161 is 25.5% higher than the engineer’s estiamte of $1,579,054.22. WSB
recommends awarding a contract in the amount of $1,981,161 to JTS Construction, Inc. for the
construction of TH13 Trail Segment 1 (CR 42 to Oakland Beach Ave SE). A recommendation
letter is attached.
In addition to awarding the contract, staff is seeking council authorization to enter into a
Cooperative Maintenance Agreement with MnDOT. The agreement is customary when multiple
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
Item 5E
Page | 2
agencies have an ownership and/or maintenance stake in a project. The attached Cooperative
Maintenance Agreement specifies the terms for right-of-way use and ongoing maintenance
resonsiblities. Staff have reviewed the agreement and recommend execution of this document,
which includes a resolution from MnDOT (final page) to certify approval of the agreement.
FINANCIAL IMPACT:
The estimated total project cost of $2,789,475 (which includes a 10% contract contingency and
28% overhead) is proposed to be funded with $1,000,000 in federal funding, a transfer in from
the General Fund reserves of $290,000 and $1,499,475 from the city Capital Park Fund 225.
ALTERNATIVES:
1. Motion and second as part of the consent agenda to adopt a resolution receiving the
bids and awarding a contract for TH 13 Trail Segment 1 (CR 42 to Oakland Beach Ave
SE). This action is contingent upon receipt of required federal aid process documents.
2. Motion and second as part of the consent agenda to adopt a MnDOT resolution
authorizing a Cooperative Construction Agreement for TH 13 Trail Segment 1 (CR 42 to
Oakland Beach Ave SE).
3. Motion and second to remove this item from the consent agenda for further discussion.
ATTACHMENTS:
1. 20250722 Receive Bids Award Contract Approve Coop Agreement - TH13 Trail
Segment 1 - RESO
2. Attach 2 - Location map
3. Attach 3 - Bid Tab Summary
4. Attach 4 - Recommendation Letter
5. Attach 5 - Coop Agreement
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 25-
A RESOLUTION RECEIVING BIDS, AWARDING THE CONTRACT, AND APPROVING A
COOPERATIVE MAINTENANCE AGREEMENT WITH MNDOT FOR
TH 13 TRAIL SEGMENT 1 (CR 42 TO OAKLAND BEACH AVE SE) (2025-02)
Motion By: Second By:
WHEREAS, the city desires to construct a trail segment on the west side of Trunk Highway
13 between CR 42 and Oakland Beach Ave SE to provide a connection between
existing trails; and
WHEREAS, the project was advertised for bidding on June 14 and June 21, 2025 and the
following bids were received and publicly opened on July 9, 2025:
Company Bid
JTS Construction $1,981,161.00
Krueger Excavating, Inc. $1,987,093.00
Peterson Companies $2,162,207.02
Max Steininger, Inc. $2,221,327.19
Urban Companies $2,279,023.50
BCM Construction, Inc. $2,304,321.06
and;
WHEREAS, WSB & Associates, Inc., the city’s consulting engineer for this project,
recommends awarding a contract in the amount of $1,981,161 to JTS
Construction for the construction of TH13 Trail Segment 1 (CR 42 to Oakland
Beach Ave SE); and
WHEREAS, the city must enter into a Cooperative Maintenance Agreement with MnDOT to
establish the terms for right-of-way use and ongoing maintenance resonsiblities
for TH 13 Trail Segment 1 (CR 42 to Oakland Beach Ave SE).
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council authorizes a contract with JTS Construction in the amount of $1,981,161
for the construction of TH13 Trail Segment 1 (CR 42 to Oakland Beach Ave SE) (CP 2025-
02). The contract award shall be contingent upon receipt of required federal aid process
documents.
3. The estimated total project cost of $2,789,475. Funding is as follows:
Proposed Funding Amount
Federal Grant $1,000,000
Transfer in from General Fund Reserves 290,000
Capital Park Fund 225 Reserves 1,499,475
Total $2,789,475
4. The General Fund and Capital Park Fund 225 budgets will be amended for the $290,000
transfer noted in the funding table above.
5. The Mayor and City Manager are hereby authorized to enter into a Cooperative
Maintenance Agreement with MnDOT.
nd
Passed and adopted by the Prior Lake City Council this 22 day of July, 2025.
VOTE Briggs Burkart Churchill Lake Hellier
Aye
☐ ☐ ☐ ☐ ☐
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager
C:\\Users\\hsimon\\AppData\\Local\\Temp\\Report Attachment - 20250722 Receive Bids Award Contract Approve Coop Agre_672951\\Report Attachment - 20250722
Receive Bids Award Contract Approve Co.docx 2
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Attachment A: Project Location Map
Prior Lake, Minnesota
March 2023
TH 13
Existing trail connection to
middle schools
Planned future trail
segment along west
side of TH 13
CSAH 42 / Egan Dr
160th St
LOWER LOWER
PRIOR LAKEPRIOR LAKE
DOWNTOWN DOWNTOWN
PRIOR LAKEPRIOR LAKE
Existing Three Rivers Park
District Big Woods Regional TrailCSA
H
2
1
/
Eagle
C
r
e
e
k
A
v
e
Large commercial
developments on north end
of trail corridor
Existing trail
connection to high
school
150th St
LAKEFRONT LAKEFRONT
PARKPARK
PROPOSED TRAIL (CPF FUNDING REQUEST)
EXISTING TRAIL
PROPOSED TRAIL (FUTURE)
TH 13 Trail
City of Prior Lake, MN
SP 201-010-008 & 7001-143
MN Project No. CDS 7025 (236)
WSB Project No. 025697-000
Bid Opening: Wednesday, July 9, 2025 @ 10:00 a.m. local time
DENOTES CORRECTED FIGURE
Contractor Addendum No. 1 Addendum No. 2 Addendum No. 3 Bid Security (5%)Grand Total Bid
1 JTS Construction X X X X $1,981,161.00
2 Krueger Excavating, Inc.X X X X $1,987,093.00
3 Peterson Companies X X X X $2,162,207.02
4 Max Steininger, Inc.X X X X $2,221,327.19
5 Urban Companies X X X X $2,279,023.50
6 BCM Construction, Inc.X X X X $2,304,321.06
Engineer's Opinion of Cost $1,579,054.22
BID TABULATION SUMMARY
Marcus VanderBrug, PE Project Manager
I hereby certify that this is a true and correct tabulation of the bids as received on July 9, 2025.
M:\025697-000\Admin\Construction Admin\Bidding & Contracts\025697-000 Bid Tab Summary-070925
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July 9, 2025
Honorable Mayor and City Council
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
Re: TH 13 Trail
City of Prior Lake, MN
SP 201-010-008 & 7001-143
MN Project No. CDS 7025 (236)
WSB Project No. 025697-000
Dear Mayor and Council Members:
Bids were received electronically for the above-referenced project on Wednesday, July 9, 2025,
and were opened and read aloud at an online bid opening meeting. Six bids were received. The
bids were checked for mathematical accuracy. Please find enclosed the bid tabulation indicating
the low bid submitted by JTS Construction in Elko, Minnesota with a total bid amount of
$1,981,161.00. The Engineer’s Estimate was $1,579,054.22.
We recommend that the City Council consider this bid and award a contract in the amount of
$1,981,161.00 to JTS Construction based on the results of the bids received.
Sincerely,
WSB
Marcus VanderBrug, PE
Project Manager
Attachments
cc: Luke Schwarz. Assistant City Engineer
ar
MnDOT Contract No.: 1058429
-1-
Shared Use Path Construction within State R/W & Maintenance (Cooperative Agreements)
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
AND
CITY OF PRIOR LAKE
COOPERATIVE MAINTENANCE
AGREEMENT
State Project Number (SP): 7001-143
Trunk Highway Number (TH): 13=117
State Project Number: 201-010-008
Federal Project Number: CDS-7025(236)
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation (“State”), and
the City of Prior Lake, acting through its City Council (“City”).
Recital
1. The City will construct a Shared Use Path (SUP), including grading, bituminous trail, retaining wall, storm
sewer, and ADA improvements, within the State Right-of-Way of TH 13 from Oakland Beach Avenue to
County State Aid Highway (CSAH) No. 42 (Egan Drive); and
2. The SUP will be constructed in accordance with the City-prepared plans, specifications, and special
provisions designated by the City and by the State as SP 7001-143 (TH 13=117) ("Project"); and
3. The State will own the SUP after construction and the City will maintain the SUP as provided in this
Agreement; and
4. The City will obtain, through the State, currently Limited Use Permit No. 7001-0040; and
5. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority for the purposes of constructing,
maintaining, and improving the trunk highway system.
Agreement
1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits
1.1. Effective Date. This Agreement will be effective 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: 2.4. State Ownership of Improvements5. Maintenance
by the City; 8. Liability; Worker Compensation Claims; Insurance; 11. State Audits; 12. Government Data
Practices; 13. Governing Law; Jurisdiction; Venue; and 15. Force Majeure.
1.4. Plans, Specifications, and Special Provisions. State Aid-approved City plans, specifications, and special
provisions designated by the City and by the State as SP 7001-143 (TH 13=117) are on file in the office of
the City's Engineer and incorporated into this Agreement by reference ("Project Plans").
MnDOT Contract No.: 1058429
-2-
Shared Use Path Construction within State R/W & Maintenance (Cooperative Agreements)
2. Right-of-Way Use
2.1. Limited Right to Occupy. The State grants to the City (and its contractors and consultants) the limited right
to occupy State Right-of-Way as necessary to perform the work described in the Project Plans. This right is
limited to the purpose of constructing the Project, and administering such construction, and may be
revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy
includes, but is not limited to, breaching the terms of this or any other agreement (relevant to this Project)
with the State, failing to provide adequate traffic control or other safety measures, failing to perform the
construction properly and in a timely manner, and failing to observe applicable environmental laws or
terms of applicable permits. The State will have no liability to the City (or its contractors or consultants) for
revoking this right of occupancy.
2.2. State Access; Suspension of Work; Remedial Measures. The State's District Engineer or assigned
representative retains the right to enter and inspect the State’s Right-of-Way (including the construction
being performed on such Right-of-Way) at any time and without notice to the City or its contractor. If the
State determines (in its sole discretion) that the construction is not being performed in a proper or timely
manner, or that environmental laws (or the terms of permits) are not being complied with, or that traffic
control or other necessary safety measures are not being properly implemented, then the State may direct
the City (and its contractor) to take such remedial measures as the State deems necessary. The State may
require the City (and its contractors and consultants) to suspend their operations until suitable remedial
action plans are approved and implemented. The State will have no liability to the City (or its contractors
or consultants) for exercising its rights under this provision.
2.3. Traffic Control; Worker Safety. While the City (and its contractors and consultants) are occupying the
State’s Right-of-Way, they must comply with the approved traffic control plan, and with applicable
provisions of the Work Zone Field Handbook
(http://www.dot.state.mn.us/trafficeng/workzone/index.html). All City, contractor, and consultant
personnel occupying the State’s Right-of-Way must be provided with required reflective clothing and hats
and be required to wear such clothing and hats whenever on the State’s Right-of-Way.
2.4. State Ownership of Improvements. The State will retain ownership of its Right-of-Way, including any
improvements made to such Right-of-Way under this Agreement, unless otherwise noted. The warranties
and guarantees made by the City's contractor with respect to such improvements (if any) will flow to the
State. The City will assist the State, as necessary, to enforce such warranties and guarantees, and to obtain
recovery from the City's consultants, and contractor (including its sureties) for non-performance of
contract work, for design errors and omissions, and for defects in materials and workmanship. Upon
request of the State, the City will undertake such actions as are reasonably necessary to transfer or assign
contract rights to the State and to permit subrogation by the State with respect to claims against the City's
consultants and contractors.
3. Contract Award and Construction
3.1. Contract Terms. The City's contract with its construction contractors must include the following terms:
A. A clause naming the State of Minnesota, acting through its Commissioner of Transportation, as an
intended third-party beneficiary of the contract with respect to the portion of work performed on the
State's Right-of-Way; and
B. A clause requiring the State to be named as an additional insured on any insurance coverage which the
contractor is required to provide; and
MnDOT Contract No.: 1058429
-3-
Shared Use Path Construction within State R/W & Maintenance (Cooperative Agreements)
C. A clause stating that any warranties provided by the contractor, for the SUP and the work performed
on the State’s Right-of-Way, will flow to, and be enforceable by, the State as the owner of such
improvements.
3.2. Direction, Supervision, and Inspection of Construction.
A. The contract construction will be under the direction of the City and under the supervision of a
registered professional engineer; however, the State participation construction covered under this
Agreement will be open to inspection by the State District Engineer's authorized representatives. The
City will give the District Engineer’s authorized representative at Roseville five days' notice of its
intention to start the contract construction of the SUP.
B. The control of materials for the contract construction of the SUP is the responsibility of the City and its
contractor and will be carried out according to Specifications No. 1601 through and including No. 1609
in the State's current "Standard Specifications for Construction".
3.3. Completion of Construction. The City will cause the contract construction to be started and completed
according to the time schedule in the construction contract special provisions. The completion date for the
contract construction may be extended, by an exchange of letters between the appropriate City official
and the State District Engineer's authorized representative, for unavoidable delays encountered in the
performance of the contract construction. Upon completion of the construction of the SUP, the City will
restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are
perpetuated.
3.4. Compliance with Laws, Ordinances, and Regulations. The City will comply and cause its contractor(s) to
comply with all Federal, State, and Local laws, and all applicable ordinances and regulations. With respect
only to that portion of work performed on the State's Right-of-Way, the City will not require the contractor
to follow local ordinances or to obtain local permits.
4. Right-of-Way; Easements; Permits; Relocation and Reconstruction; Environmental
4.1. The City will, without cost or expense to the State, obtain all rights-of-way, easements, construction
permits, and any other permits and sanctions that may be required in connection with the local and trunk
highway portions of the contract construction of the Project.
4.2. The City will convey to the State by quit claim deed, all newly acquired rights needed for the continuing
operation and maintenance of the Trunk Highway, if any, upon completion of the Project, at no cost or
expense to the State.
4.3. The State and the City will follow the State's "Cost Participation and Maintenance Responsibilities with
Local Units of Government Manual" and Minnesota Statutes § 160.265 for future relocation and
reconstruction costs of the SUP.
4.4. Representative in writing and will provide for cleanup of the spilled material and any materials
contaminated by the spillage in accordance with all applicable federal, state, and local laws and
regulations, at the sole expense of the City.
The City will comply with Minnesota Statutes § 216D.04, subdivision 1(a), for identification, notification, design
meetings, and depiction of utilities affected by the contract construction.
5. Maintenance by the City
Upon completion of the Project, the City will provide the following without cost or expense to the State:
MnDOT Contract No.: 1058429
-4-
Shared Use Path Construction within State R/W & Maintenance (Cooperative Agreements)
5.1. Municipal Utilities. Maintenance of any City-owned utilities construction, without cost or expense to the
State.
5.2. Shared Use Path. The City will provide routine and minor maintenance of the Shared Use Path on TH 13
Right-of-Way. Routine/minor maintenance may include, but is not limited to, snow and ice
control/removal, sweeping and debris removal, patching, crack repair, replacement of failing section(s) of
pavement, vegetation control, signing, pavement markings, and any other maintenance activities
necessary to perpetuate the Shared Use Path in a safe, usable, and aesthetically acceptable condition as
determined by the State’s District Maintenance Engineer and all applicable laws including, but not limited
to, the Americans with Disabilities Act (“ADA”). If the City/County fails to perform its maintenance services
under this Agreement in compliance with applicable laws, the State will provide the City with a notice of
non-compliance. Within three business days of sending the notice of non-compliance, the State’s District
Maintenance Engineer and the City engineer will meet to discuss the City’s performance of maintenance
and decide upon next steps to remedy any non-compliant performance. If the parties cannot agree upon a
remedy, the State may perform such obligation and the City shall reimburse the State for the cost thereof,
plus 10% of such cost for overhead and supervision within 30 days of receipt of the State’s invoice. The
State and the City agree that full pavement replacement is outside of routine/minor maintenance, and the
State and the City will share in the cost of pavement replacement according to the State’s Cost
Participation and Maintenance Responsibilities with Local Units of Government Manual, as amended or
revised.
A. Right-of-Way Access. The State authorizes the City to enter upon State Right-of-Way to perform the
maintenance activities described in this Article 5.5. The City must notify and coordinate with the State’s
District Maintenance Engineer prior to accessing State Right-of-Way. While the City is occupying the
State's Right-of-Way, they must comply with the approved traffic control plan, and with applicable
provisions of the Work Zone Field Handbook
(http://www.dot.state.mn.us/trafficeng/workzone/index.html). All City personnel occupying the State's
Right-of-Way must be provided with required reflective clothing and hats.
B. Environmental. The City shall not dispose of any materials regulated by any governmental or regulatory
agency onto the ground, or into any body of water, or into any container on the State’s Right-of-Way.
In the event of spillage of regulated materials, the City shall immediately notify the State’s Authorized
Representative in writing and shall provide for cleanup of the spilled material and any materials
contaminated by the spillage in accordance with all applicable federal, state and local laws and
regulations, at the sole expense of the City.
5.3. Retaining Walls. Maintenance and ownership of any retaining wall construction. Maintenance includes
graffiti removal and any other maintenance activities necessary to perpetuate the walls in a safe, usable,
and aesthetically acceptable condition.
5.4. Parking Related Signage and Markings. Maintenance and ownership of parking related signage and
pavement markings. Maintenance includes, but is not limited to, cleaning, repair, replacement, and any
other maintenance activities according to accepted City maintenance practices.
5.5. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm
sewer facilities constructed under the construction contract that was not included in the drainage for
which the storm sewer facilities were designed, without first obtaining written permission to do so from
the other party.
5.6. Storm Sewers. Routine maintenance of storm sewer facilities construction to facilitate SUP. Routine
maintenance includes, but is not limited to, removal of sediment, debris, vegetation and ice from grates
MnDOT Contract No.: 1058429
-5-
Shared Use Path Construction within State R/W & Maintenance (Cooperative Agreements)
and catch basins, and any other maintenance activities necessary to preserve the facilities and to prevent
conditions such as flooding, erosion, or sedimentation, this also includes informing the District
Maintenance Engineer of any needed repairs.
.
6. 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.
6.1. The State's Authorized Representative will be:
Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor)
Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155
Telephone: (651) 366-4634
E-Mail: malaki.ruranika@state.mn.us
6.2. The City's Authorized Representative will be:
Name, Title: Nick Monserud, City Engineer (or successor)
Address: 4646 Dakota Street SE, Prior Lake, MN 55372
Telephone: (952) 447-9834
Email: nmonserud@priorlakemn.gov
7. Assignment; Amendments; Waiver; Contract Complete
7.1. Assignment. No 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.
7.2. 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.
7.3. 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.
7.4. 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.
8. Liability; Worker Compensation Claims; Insurance
8.1. 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, 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. Notwithstanding the foregoing, the City will indemnify,
hold harmless, release, and defend (to the extent permitted by the Minnesota Attorney General) the State,
its agents and employees, and its successors and assigns, from any and all claims, demands, causes of
action, damages, or costs and expenses (including reasonable attorney's fees) arising out of or in
connection with the Project covered by this Agreement, regardless of whether such claims are asserted by
the City's contractor(s) or consultant(s) or by a third party because of an act or omission by the City or its
contractor(s) or consultant(s).
MnDOT Contract No.: 1058429
-6-
Shared Use Path Construction within State R/W & Maintenance (Cooperative Agreements)
8.2. Further, the City, will indemnify, hold harmless, release and defend (to the extent authorized by the
Minnesota Attorney General), the State, its agents and employees, and its successors and assigns, from
any and all claims, demands, causes of action, damages, or costs and expenses (including reasonable
attorney's fees incurred by the State), arising out of or in connection with the City's maintenance of the
SUP, to the extent caused by the City's: 1. intentional, willful, or negligent acts or omissions; 2. breach of
contract or warranty to the State or otherwise; or 3. breach of an applicable standard of care. The
indemnification obligations of this provision do not apply if the claim is the result of the State’s sole
negligence. A claim arising out of or related to the State’s failure to supervise, inspect, control, discover, or
prevent the operations or acts of the City at, on, or connected with the maintenance of the SUP will not be
deemed a claim resulting from the State’s sole negligence for purposes of this provision. The Parties
acknowledge that the liability of the State is governed by the Minnesota Tort Claims Act, Minn. Stat.
§3.736, and other applicable law.
8.3. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
8.4. The City may require its contractor to carry insurance to cover claims for damages asserted against the
City's contractor.
9. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
10. Title VI/Non-discrimination Assurances
The City agrees to comply with all applicable US DOT Standard Title VI/Non-Discrimination Assurances contained
in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: https://edocs-
public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. The City will ensure the
appendices and solicitation language within the assurances are inserted into contracts as required. The State
may conduct a review of the City's compliance with this provision. The City must cooperate with the State
throughout the review process by supplying all requested information and documentation to the State, making
City staff and officials available for meetings as requested, and correcting any areas of non-compliance as
determined by the State.
11. 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.
12. 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.
13. 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.
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Shared Use Path Construction within State R/W & Maintenance (Cooperative Agreements)
14. Termination; Suspension; Removal
14.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the
State for insufficient funding as described below.
14.2. 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 payment or the provision of the services covered here. Termination
must be by written or fax notice to the City. The State will not be assessed any penalty if this Agreement is
terminated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds.
14.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this
Agreement and all work, activities, performance, and payments authorized through this Agreement.
14.4. Removal. If the City and State mutually agree to terminate this agreement, the State and the City will
share the costs for removal, if required by law or agreement of the parties, of the transportation facility
according to the State’s "Cost Participation and Maintenance Responsibilities with Local Units of
Government Manual" and Minnesota Statutes § 160.265.
15. Force Majeure. No 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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MnDOT Contract No.: 1058429
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Shared Use Path Construction within State R/W & Maintenance (Cooperative Agreements)
CITY OF PRIOR LAKE
The undersigned certify that they have lawfully
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions, or ordinances.
By:
Title:
Date:
By:
Title:
Date:
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
By:
(District Engineer)
Date:
Approved:
By:
(State Design Engineer)
Date:
COMMISSIONER OF ADMINISTRATION
By:
(With Delegated Authority)
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION.
CITY OF PRIOR LAKE
RESOLUTION
IT IS RESOLVED that the City of Prior Lake enter into MnDOT Agreement No. 1058429 with the State of Minnesota,
Department of Transportation for the following purposes:
To construct the Project and provide routine maintenance of the Shared Use Path and related construction by the
City upon, along, and adjacent to Trunk Highway No. 13, the limits of which are defined in said Agreement.
IT IS FURTHER RESOLVED that the Mayor and the
(Title)
are authorized to execute the Agreement and any amendments to the Agreement.
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Prior
Lake at an authorized meeting held on the day of
, 2025, as shown by the minutes of the meeting in my possession.
Subscribed and sworn to me this
day of , 2025
Notary Public
My Commission Expires
(Signature)
(Type or Print Name)
(Title)