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HomeMy WebLinkAbout6.k. Dakota County JPA for Construction of the Mississippi River Regional Trail (MRRT)6D'--'1 r' 1xvi SEM0UNT EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting: March 5, 2013 AGENDA ITEM: Dakota County JPA for Construction of the Mississippi River Regional Trail (MRRT)— Rosemount Section AND Use, AGENDA SECTION: maintenance, and occupancy of entire Consent MRRT located in the City of Rosemount between Dakota County & Rosemount PREPARED BY: Andrew J. Brotzler, PE, Director of P AGENDA NO. Works /City Engineer ATTACHMENTS: Agreement APPROVED BY: RECOMMENDED ACTION: Motion to Approve Agreement and Authorize Necessary Signatures. ISSUE Consider approval of Joint Powers Agreement QPA) with Dakota County for construction of the Mississippi River Regional Trail — Rosemount Section and use, maintenance, and occupancy of entire Mississippi River Regional Trail located in the City of Rosemount. BACKGROUND Dakota County is continuing forward with the development of a project to construct a regional trail along Trunk Highway 52 and Pine Bend Trail. To facilitate the construction of this trail it will be necessary for Dakota County to locate portions of the trail adjacent to and near Pine Bend Trail, a city maintained road. The attached agreement outlines the terms and conditions for the construction and maintenance of the trail along Pine Bend Trail. All costs for construction and maintenance responsibilities for the trail will be the responsibility of the County. SUMMARY This agreement has been reviewed by the City attorney. Staff requests Council approval of this agreement. G: \Dakota County \20130305 CC Dakota County JPA for MRRT Dakota County & Rosemount.docc JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT FOR Construction of the Mississippi River Regional Trail — Rosemount Segment AND Use, maintenance and occupancy of the entire Mississippi River Regional Trai (MRRT) located in the City of Rosemount THIS JOINT POWERS AGREEMENT ( "JPA ") is entered into by and between the County of Dakota ( "County ") and the City of Rosemount ( "City ") collectively referred to as "the Parties" and witnesses the following: WHEREAS, under Minnesota Statutes Section 471.59, subdivision 1, two governmental units may enter into an Agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, the County has been acquiring easements and constructing a pedestrian and bicycle trail in Dakota County which generally lies along the Mississippi River and which has been currently designated as the Mississippi River Regional Trail ( "MRRT), but which name may change, the substitution of which does not change the meaning or intent of this JPA; and WHEREAS, construction of the MRRT - Rosemount Segment in the City remains to be completed; and WHEREAS, the County has, in consultation with the City, prepared preliminary design and engineering of the MRRT - Rosemount Segment, which is currently under review by affected landowners and subject to final review and approval by the County and the City; and WHEREAS, part of the MRRT located in the City will occupy a portion of City street right -of- way along Pine Bend Trail from Highway 55, just west of the Union Pacific railroad crossing to where the trail turns north to enter the Spring Lake Park Reserve and the City agrees to allow MRRT to occupy existing City right -of -way for Pine Bend Trail as generally depicted on Exhibit A and will issue to County a permit for a permanent regional trailway to occupy said City right -of -way; and WHEREAS, Pine Bend Trail exists by prescription or by statutory dedication; and WHEREAS, the County is responsible for securing land control necessary to accommodate the construction, maintenance, and operations of the MRRT — Rosemount Segment; and WHEREAS, this Agreement defines the roles and responsibilities of each party in regards to the construction of the MRRT - Rosemount Segment; and WHEREAS, this Agreement defines the rights of occupancy, maintenance and use of the entire MRRT that is constructed in the City through a separate Supplemental Maintenance Agreement ( "SMA ") that the parties are entering into contemporaneously, attached hereto as Exhibit B. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Recitals. The parties hereby agree that the above - referenced recitals/WHEREAS clauses are true and correct, and constitute material terms of this Agreement; and, the above - referenced Exhibits are hereby made a part of this Agreement as follows: Exhibit A Project Layout MRRT -1 PA 1.7.2013 DAKOTA COUNTY /ROSEMOUNT Page 2 Exhibit B Supplemental Maintenance Agreement ( "SMA ") 2. Construction and Engineering. The County, at its expense, will design and construct the MRRT — Rosemount Segment, including preparation of necessary plan sheets, specifications, construction change orders and engineering and inspection required to construct the MRRT — Rosemount Segment. 3. Land Acquisition. The County, at its expense, is responsible for acquisition of land required for the MRRT — Rosemount Segment and securing all required permits. 4. City Access to Project Construction. The County agrees that the City will have the right, at City expense, to inspect all construction related activities and improvements within Pine Bend Trail. The County agrees to allow City staff to attend a pre- construction meeting, and to construction progress meetings, as the City desires. The City will be allowed to inspect any work that may affect the City's infrastructure. 5. City Standards. The County is responsible for meeting all City standards for the construction of the MRRT — Rosemount Segment and completing all punch list items that result from the City inspections. The County shall provide the City with as -built record plans for the project. 6. City Permits. The City will issue the County a permit to work within the City's right -of- way allowing the County and its contractors to work on City street right -of -way for the construction of the MRRT — Rosemount Segment. The County, or its contractors, must secure a City building permit for retaining walls and /or other structures, and any other City permits as required by City Code, and the City hereby agrees to waive the City's permit fees for the permits obtained by County. Nothing in this Agreement, the attached SMA or any permit issued by the City shall prevent the use of the public right -of -way by utilities, telecommunication providers, or any other entity entitled by law to use the public right —of -way. 7. Permits. The City will process permits for utility work and other activities within the City's right -of -way. 8. Maintenance and Operations. The City and the County have more specifically defined the rights and responsibilities that each party agrees to assume for maintenance of the MRRT and the City's use of the MRRT. Such rights and responsibilities have been memorialized in a Supplemental Maintenance Agreement ( "SMA "), attached hereto and incorporated herein as Exhibit B. The responsibilities and duties as set forth in Exhibit B may be amended from time to time by the Parties if reduced to writing, dated and signed by the duly authorized representative of each Party. 9. City Utilities. Payment for any and all water, sewer and electrical services consumed by trail fixtures will be as identified in Exhibit B. MRRT -J PA 1. 7.2013 DAKOTA COUNTY /ROSEMOUNT Page 3 10. Right -of -Way. The City will issue to County a permit for a permanent regional trailway to occupy City street right -of -way. The permit will be for all trailway parcels located on City street right -of -way, as depicted in Exhibit A. The City represents that its interest in the Pine Bend Trail right -of -way is by prescriptive easement or statutory dedication and the City makes no representations or warranties as to the nature or extent of the rights of the City or the public in the Pine Bend Trail right -of -way or as to the effect of the issuance by the City of a permit to the County. If additional right -of -way is required for construction or maintenance of the MRRT in the City, the County will be solely responsible for obtaining any additional necessary right -of -way for trail construction or maintenance without cost to the City. 11. Rules and Regulations. The County shall promulgate and enforce rules for use of the MRRT. 12. Indemnification. The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this JPA and caused by or resulting from negligent acts or omissions of the County and /or those of County employees or agents. The City agrees to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this JPA and caused by or resulting from negligent acts or omissions of the City and /or those of City employees or agents. Both parties to this JPA recognize that liability for any claims arising under this agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against either party, nothing in this JPA shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual Parties. In order to insure a unified defense against any third party liability claim arising from the construction or maintenance of the MRRT, the Parties agree to require any contractors or subcontractors hired to do any of the work contemplated by this JPA to maintain commercial general liability insurance in amounts consistent with minimum limits of coverage established under Minnesota Statutes §466.04 during the term of such activity. All such insurance policies shall name County and City as additional insureds. 13. Employees of Parties. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City for any purpose, including Worker's Compensation, or any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any action or omission on the part of said County employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City. The opposite situation shall also apply: the County shall not be responsible under the Worker's Compensation Act for any employees of the City. MRRT -JPA 1. 7.2013 DAKOTA COUNTY /ROSEMOUNT Page 4 14. Audit. Pursuant to Minn. Stat. Sec. 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the City relevant to the JPA are subject to examination by the County and the City and either the Legislative Auditor or the State Auditor as appropriate. The County and the City agree to maintain these records for a period of six years from the date of performance of all services covered under this JPA. 15. Integration and Continuing Effect. The entire and integrated agreement of the Parties contained in this JPA shall supersede all prior negotiations, representations or agreements between the County and the City regarding the MRRT — Rosemount Segment along Pine Bend Trail as depicted in Exhibit A, whether written or oral. 16. Authorized Representatives. The County's authorized representative for the purpose of the administration of this JPA is Director of Physical Development, 14955 Galaxie Avenue, 3rd Floor, Apple Valley, MN 55124 -8579, or her successor. The City's authorized representative for the purpose of the administration of this Agreement is Dwight Johnson, City Administrator, 2875 145th St. W., Rosemount, MN 55068, phone (651) 322 -2006, or his successor. All notices or communications required or permitted by this JPA shall be either hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party may change its address by written notice to the other parties. Mailed notice shall be deemed complete two business days after the date of mailing. 17. Term. This JPA shall be effective as the date of the signatures of the parties and shall remain in effect so long as the County owns the real property and easements for a regional bicycle and pedestrian trail. In the event the Parties mutually agree to terminate this JPA, the Dakota County Board of Commissioners will approve a resolution to quit claim its rights to the easements to the City, unless such action is contrary to law or not reasonable under the circumstances. In the event of termination, the Parties shall be responsible for payment of all outstanding, incurred costs relative to their interests in the MRRT as of the date of termination and, unless otherwise approved in writing by the City Engineer, the County will remove any part of the trail that has been constructed and restore the property, as nearly as is reasonably practicable, to its original condition. During the term of this Agreement and upon its termination the Parties shall retain ownership of their own respective personal property. 18. Termination By County For Lack Of Funding. Notwithstanding any provision of this Agreement to the contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if it's funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement or for the completion of the project. Written notice of termination sent by the County to the City by facsimile is sufficient notice under this section. The County is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. The County will restore the disturbed right -of -way within Pine Bend Trail to its original condition unless otherwise approved in writing by the City Engineer if the project is terminated or abandoned prior to completion of the trail. MRRT -JPA 1. 7.2013 DAKOTA COUNTY /ROSEMOUNT Page 5 19. Relocation of MRRT Located Within City Right -of -Way. The parties agree that in the event that the City needs to widen, expand, and /or redesign its street, other transportation facilities, and /or utilities within the City's right -of -way, which actions will cause a displacement of the MRRT trail improvements, the parties will follow the procedures outlined herein. a. The City will reconstruct the displaced MRRT trail improvements within the existing City right -of -way where practical and the County hereby agrees to reimburse the City for the City's construction project costs attributable to the relocation of the displaced MRRT trail improvements including, but not limited to, trail improvement design, construction and inspections costs. b. If it is not practical for the City to reconstruct the displaced MRRT trail improvements within the existing City right -of -way, the County may choose the following options to relocate the displaced MRRT trail improvements: Option 1: The City will acquire the necessary additional right -of -way and /or trail easement rights needed for the relocation of displaced MRRT trail improvements as part of the City's construction project. The County hereby agrees to reimburse the City for the City's construction project costs and right -of- way /trail easement acquisition costs attributable to the relocation of the displaced MRRT trail improvements including, but not limited to, trail improvement design, construction and inspections costs; and, including the additional right -of- way and /or trail easement acquisition /eminent domain process costs including, but not limited to, title costs, survey costs, City appraisal costs, landowner appraisal cost reimbursement pursuant to Minn. Stat. § 117.036, City attorney's fees, landowner attorney fee awards pursuant to Minn. Stat. § 117.031, and any commissioner's or jury award of just compensation. Option 2: The County, at its sole cost, will acquire the necessary additional right -of -way and /or trail easement rights needed for the relocation of displaced MRRT trail improvements. Under this option the County may choose to separately contract for the reconstruction of the displaced MRRT trail improvements, at its sole cost, or to include the reconstruction of the displaced MRRT trail improvements in the City's construction project. If included in the City's construction project the County hereby agrees to reimburse the City for the City's construction project costs attributable to the relocation of the displaced MRRT trail improvements including, but not limited to, trail improvement design, construction and inspections costs. The City agrees to provide the County with reasonable notice of a pending displacement of the MRRT trail improvements and the County agrees to provide the City with written confirmation of how the County wants to effectuate the relocation of displaced MRRT trail improvements in a timely manner that does not unreasonably delay the City construction project. MRRT -1PA 1.7.2013 DAKOTA COUNTY /ROSEMOUNT Page 6 20. Amendments. Any alterations, variations, modifications, assignments or waivers of the provisions of this JPA shall only be valid when they have been reduced to writing and signed by authorized representatives of both parties. IN WITNESS THEREOF, the parties have caused this Joint Powers Agreement to be executed by their duly authorized officials. RECOMMENDED FOR APPROVAL: Date APPROVED AS TO FORM: City Attorney /Date RECOMMENDED FOR APPROVAL: Steve Sullivan, Director Parks and Open Space Date APPROVED AS TO FORM: County Attorney /Date KS- 2013 -00080 MRRT —JPA 1.7.2013 DAKOTA COUNTY /ROSEMOUNT Page 7 CITY OF ROSEMOUNT By Bill Droste, Mayor Date Attest: Amy Domeier, City Clerk Date COUNTY OF DAKOTA Ac Date Dakota County Board Resolution No. Contract No. EXHIBIT A EXHIBIT B SUPPLEMENTAL MAINTENANCE AGREEMENT THIS SUPPLEMENTAL MAINTENANCE AGREEMENT ( "SMA ") is entered into between Dakota County ( "County ") and the City of Rosemount ( "City ") pursuant to a Joint Powers Agreement between County and City dated for the use, maintenance and occupancy of the Mississippi River Regional Trail (MRRT) located in the City ( "JPA "). WHEREAS, the County and the City have jointly identified the alignment of a regional pedestrian and bicycle trail known as the MRRT- Rosemount Segment through the City, as depicted on Exhibit A to the JPA; and WHEREAS, the County has acquired easements for the MRRT from private owners and the County has acquired permission to occupy City right -of -way from the City for the MRRT- Rosemount Segment ( "Easement Right -of- Way "); and WHEREAS, the City and the County desire to more specifically define the rights and responsibilities that each party agrees to assume for maintenance of the Easement Right -of -Way; and NOW, THEREFORE, the Parties agree that maintenance responsibilities over the Easement Right -of -Way will be divided as follows: ARTICLE I GENERAL PROVISIONS ARTICLE I GENERAL PROVISIONS 1.1 Maintenance by the County. Unless otherwise specified in this SMA, the County will be responsible for all routine and deferred maintenance and replacement of MRRT infrastructure as improved by Dakota County or its agent at no cost to City. The County will be responsible for all routine and deferred maintenance and replacement of future MRRT infrastructure as improved for the MRRT by Dakota County or its agent at no cost to City. The County at its discretion will establish the maintenance service standards for all routine and deferred maintenance associated with the MRRT. The County will be responsible for routine or deferred maintenance such as, but not limited to the following: A. Vegetation management such as applying herbicide for the benefit of the MRRT when necessary to control noxious weeds such as thistle, poison ivy and similar weeds, non - desirable woody plant control, stump or foliar treatment of small plants, or for prairie establishment. B. Maintenance of vegetation within the Easement Right -of -Way is limited to the needs of the trail. Typically a 2' wide "clear- zone" is mowed adjacent to bituminous edges along the entire length of the MRRT regardless of underlying land ownership. Where tree branches interfere with trail use, branches may be removed beyond the 2' clear -zone in order to apply best management practices of arboriculture for the health of the tree. All vegetation work will be done within the Easement Right -of -Way. C. Erosion control and stabilization pertaining to the MRRT. D. All utilities such as storm sewer infrastructure pertaining to the MRRT. E. Plantings of turf, trees, shrubs, prairie grasses and wildflowers for purposes of erosion control, screening or improved corridor aesthetics, with the permission of the City if placed on City owned easement or right -of -way. F. Maintenance, repair, or replacement of signs that were installed by the County. These may include regulatory, warning, safety, way- finding, interpretive, and monument signs. G. Maintenance, repair or replacement of fences, retaining walls, barriers, miscellaneous site amenities and furnishings adjacent to the MRRT that are constructed by Dakota County for purposes of the MRRT. H. Sweeping of the MRRT. Snow - plowing and ice control pertaining to the MRRT at the discretion of the County. Graffiti control and removal from County infrastructure pertaining to the MRRT. K. Maintenance, repair or replacement of the bituminous surface of the MRRT. 1.2 Maintenance by the City. Unless otherwise specified in this SMA, the City will be responsible for all routine and deferred maintenance and replacement of infrastructure as improved by the City or its agent for City trails that connect to the MRRT within the Easement Right -of -Way at no cost to County. The City will be responsible for all routine and deferred maintenance and replacement of future infrastructure as improved within the Easement Right -of -Way by the City or its agent for City trails that connect to the MRRT at no cost to County. The City at its discretion will establish the maintenance service standards for all routine and deferred maintenance associated with City infrastructure within the Easement Right -of -Way. The City will be responsible for the maintenance of City right -of -way along a City road that is outside of the 2' clear -zone adjacent to the MRRT. 1.3 State Statutes and Ordinances. Both Parties to this SMA shall be responsible for enforcement of applicable state statutes and City and County ordinances relating to the MRRT. 1.4 Access to Easement Area by City. The City may reasonably access MRRT for routine business purposes. The City will be required to obtain a special use permit from the County for extended trail access, trail closure, use of equipment that interrupts trail use or events. The County will be required to obtain a special use permit from the City for use of the MRRT when an activity impacts the public use of City road right of way. 1.5 New MRRT Infrastructure. The City and County will coordinate and approve all new infrastructure provided by either party within the Easement Right -of -Way. 1.6 Amendment of SMA. City and County agree to cooperate in accomplishing the actions and tasks outlined in this SMA. This SMA may be amended by the Parties if reduced to writing, dated and signed by the duly authorized representative of each Party. MRRT -J PA 1. 7.2013 DAKOTA COUNTY /ROSEMOUNT Page 2 1.7 Conflict Resolution. The County and City will cooperate in the coordination of operations and maintenance of the Easement Right -of -Way and associated City property. The City and County Parks Director will be responsible for resolving issues and conflicts. If the Park Directors are unable to reconcile issues and conflicts the responsibility for resolution is forwarded to the County Administrator and City Administrator. If the County Administrator and City Administrator are unable to reconcile issues and conflicts the responsibility for resolution is forwarded to the respective County Board and City Council. 1.8 Public Communications and Information. The County will be responsible for public education for safe use of the MRRT and communicating information to the City, public and other key stakeholders regarding a trail closure or other actions affecting the MRRT. The City will be responsible for public education for safe use of the MRRT and communicating information to the County, public and other key stakeholders regarding a trail closure or other actions affecting the MRRT based on a City action affecting the MRRT. 1.9 Authorized Representatives. The County's authorized representative for the purpose of the administration of this SMA is the Director of the Physical Development Division, 14955 Galaxie Avenue, 3rd Floor, Apple Valley, MN 55124 -8579 or successor. The City's authorized representative for the purpose of the administration of this SMA is Dwight Johnson, City Administrator, 2875 145th St. W., Rosemount, MN 55068, phone (651) 322 -2006, or successor. All notices or communications required or permitted by this SMA shall be either hand delivered or mailed by first class mail to the above addresses. Either party may change its address by written notice to the other parties. Mailed notice shall be deemed complete two business days after the date of mailing. IN WITNESS WHEREOF, the parties have caused this Supplemental Maintenance Agreement (SMA) to be executed by their duly authorized officials as set forth below. RECOMMENDED FOR APPROVAL: Date APPROVED AS TO FORM: City Attorney /Date MRRT -J PA 1.7.2013 DAKOTA COUNTY /ROSEMOUNT Page 3 M CITY OF ROSEMOUNT Bill Droste, Mayor Date Attest: Date Amy Domeier, City Clerk COUNTY OF DAKOTA RECOMMENDED FOR APPROVAL: By Steve Sullivan, Director Parks and Open Space Date APPROVED AS TO FORM: County Attorney /Date KS- 2013 -00080 MRRT -JPA 1.7.2013 DAKOTA COUNTY /ROSEMOUNT Page 4 Date Dakota County Board Resolution No. Contract No.