HomeMy WebLinkAbout6.r. Maintenance Agreement for Storm Sewer Systems 4 ROSEMOUNT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: December 17, 2013
AGENDA ITEM: Maintenance Agreement for Storm Sewer AGENDA SECTION:
Systems Consent
PREPARED BY: Andrew J. Brotzler, PE, Director of ' %lic AGENDA NO (9. r
Works/City Engineer
ATTACHMENTS: Resolution, Maintenance Agreement ter-
Storm Sewer Systems Between the APPROVED BY:
County of Dakota and the City of
Rosemount oft)
RECOMMENDED ACTION: Motion to Adopt A Resolution Authorizing the Signatures on
the Maintenance Agreement For Storm Sewer Systems Between the County of Dakota and
the City of Rosemount.
BACKGROUND:
Attached for City Council review and approval is a maintenance agreement for storm sewer systems within
County road rights-of-way between the City and Dakota County. The agreement outlines roles and
responsibilities for the maintenance and repair of storm sewer systems along with cost share
responsibilities. Of note,with this agreement the cost for repairing and replacing storm sewer with
County road rights-of-way will be shared at a rate of 80 percent Dakota County, 20 percent City.
Currently the maintenance of storm sewer is addressed by individual project JPA's and the full cost of
maintaining,repairing and replacing is the responsibility of the City.
SUMMARY:
This agreement has been reviewed by the City attorney. Staff is requesting Council approval and execution
of the Maintenance Agreement for Storm Sewer Systems between the County of Dakota and the City of
Rosemount.
G:\Dakota County\20131217 CC Dakota County JPA for Storm Sewer Systems.docx
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2013-
A RESOLUTION AUTHORIZING THE SIGNATURES ON THE MAINTENANCE
AGREEMENT FOR STORM SEWER SYSTEMS BETWEEN THE COUNTY OF DAKOTA
AND THE CITY OF ROSEMOUNT
WHEREAS, the maintenance of the City's storm sewers is to be divided between the City and Dakota
County;
WHEREAS, the Maintenance Agreement for Storm Sewer Systems between the County of Dakota and the
City of Rosemount defines the roles and responsibilities for routine maintenance and repairs;
WHEREAS, the City Engineer has recommended approval of the Agreement which has been reviewed by
the City Attorney;and
NOW THEREFORE BE IT RESOLVED,by the City Council of Rosemount,Minnesota as follows:
1. That the Maintenance Agreement for Storm Sewer Systems between the County of Dakota and the
City of Rosemount is hereby approved. A copy of this Agreement is attached to this Resolution
and made a part of it.
2. That the Mayor,William Droste, or his successor,is designated the Authorized Representative for
the City of Rosemount. The Authorized Representative is also authorized to sign any subsequent
amendment or agreement that may be required.
3. That the City Engineer,Andrew Brotzler, or his successor,is designated as the liaison for the City of
Rosemount for the purpose of the Maintenance Agreement.
4. That William Droste, the Mayor for the City of Rosemount, and Amy Domeier, the City Clerk, are
authorized to sign the Maintenance Agreement.
ADOPTED this 17th day of December, 2013.
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
Dakota County Contract#C0025411
MAINTENANCE AGREEMENT FOR STORM SEWER SYSTEMS
BETWEEN THE COUNTY OF DAKOTA AND
THE CITY OF ROSEMOUNT
THIS AGREEMENT is made and entered into by and between the County of Dakota, hereinafter
referred to as "County", and the City of Rosemount, hereinafter referred to as "City".
WHEREAS, the parties desire to enter into an Agreement relating to the maintenance of Storm
Sewer Systems located on County highways within the corporate limits of the City; and
WHEREAS, the City has the authority to execute this Agreement as a binding legal obligation,
fully enforceable in accordance with its terms and conditions as shown by the attached City
Council Resolution; and
WHEREAS, the County has the authority to execute this Agreement as a binding legal
obligation, fully enforceable in accordance with its terms and conditions as shown by the
attached County Board Resolution No. 13-445.
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein
the parties agree as follows:
1. Purpose. The purpose of this Agreement is to define the rights and obligations of the parties
with respect to the maintenance and repair of Storm Sewer Systems, in accordance with the
Dakota County 2030 Transportation Plan, as adopted by the County Board of
Commissioners on June 19, 2012, as that Plan may be amended from time to time,
hereinafter referred to as "Transportation Plan". For purposes of this Agreement, "Storm
Sewer Systems" means existing or future storm sewer systems under or along County
highways, within County highway right of way, and outside County highway right of way
which conveys or receives drainage from County highways, within the corporate limits of the
City. Storm Sewer Systems include but are not limited to: catch basins, castings, pipes,
manholes, control structures, outlet pipes, and end treatments. This Agreement supersedes
all previously executed joint powers agreements relating to maintenance of Storm Sewer
Systems on County highways within the City.
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2. Term. This Agreement shall be in force and effect from the date of execution by all parties
and shall continue in effect until terminated in accordance with the provisions herein.
3. Termination. This Agreement may be terminated by either party upon one-year written
notice and execution of a subsequent maintenance agreement for Storm Sewer Systems
agreeable to both parties. Termination of this Agreement shall not discharge any liability,
responsibility or right of any party which arises from the performance of or failure to
adequately perform the terms of this Agreement prior to the effective date of termination.
Nor shall termination discharge any obligation, which by its nature, would survive after the
date of termination.
4. Construction of New Storm Sewer Systems. New Storm Sewer Systems may be
constructed by the County or the City. Any design cost and construction cost
responsibilities between the parties for a new Storm Sewer System will be determined
according to each specific future project agreement. Design plans and specifications shall
be duly approved by the representative of the County and City prior to future construction of
any new Storm Sewer System covered by this Agreement.
5. Commencement of Maintenance. Maintenance of all existing Storm Sewer Systems will
commence in accordance with the terms and conditions of this Agreement upon execution
of this Agreement. Maintenance of new Storm Sewer Systems constructed by the County or
the City will commence in accordance with the terms and conditions of this Agreement upon
completion of construction and final payment to the contractor.
6. Non-Compensatory Routine Maintenance Terms. In accordance with the Transportation
Plan, as it may from time to time be amended, the routine maintenance terms are as follows:
a. City Routine Maintenance. The City shall be responsible, at its sole cost, for routine
maintenance of Storm Sewer Systems. Routine Maintenance is defined as: periodic
inspections as determined and at a method chosen by the City, and cleaning and
sediment removal from inside structures and pipes.
b. County Routine Maintenance. The County shall be responsible, at its sole cost, for
the following:
i. Cleaning gutters and storm sewer inlet (catch basin) grates within the County
right of way.
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ii. Cleaning drainage ditches and culverts within County right of way.
iii. Street sweeping or other cleanup methods as necessary on all County
highways and for any illicit discharge into the Storm Sewer System from the
County highway.
7. Compensatory Maintenance Terms.
a. Inclusion in County 5-Year Capital Improvement Plan (CIP). For Storm Sewer
System repair work to be eligible for County cost participation, projects must be
included in the County's CIP. Generally, necessary Storm Sewer System repairs
shall be made at the time of pavement resurfacing, road rehabilitation, or other
improvement project identified in the County's CIP.
I. Cost Participation. The County and the City shall share the cost of repairs to
catch basins and pipes connecting catch basins on County highways to
mainline pipes at a rate of 80% and 20%, respectively.
The cost of repairs to mainline pipes and storm water treatment systems
including manholes, pipes, control structures, outlet pipes, end treatments
and detention and retention ponds shall be shared based on contributing
flows. A rate of 20% County, 80% City may be used to approximate the
contributing flows, or another method may be used to define a more exact
rate if the County and City mutually agree prior to completing the work.
ii. Plans. The City shall be responsible for inventorying and identifying
necessary Storm Sewer System repairs and preparing plans and
specifications for the County's review and incorporation into the County
Project plans. To the extent practicable, the County shall provide 12 months
advance notice of such projects. The Storm Sewer System repairs shall be in
accordance with City standards unless the City and County mutually agree on
alternative repair specifications. By submitting a written request from the
Authorized Representative, the City agrees to pay their share of Project costs
in accordance with this Agreement.
iii. Inspection. The City shall be responsible for reasonable, on-site inspection
during installation of new Storm Sewer Systems, or repairs, or replacement of
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existing Storm Sewer Systems. Inspection shall include shop drawing review,
daily quantities, daily inspection log, pay heights, and any as-built information
the City collects, all in accordance with typical City standards and practices.
b. Urgent Repairs. Storm Sewer System repairs that are not included in the County's
CIP may be made as stand-alone projects to address immediate and urgent needs
when determined as necessary by the County. Urgent repairs must be approved by
both the City and the County prior to incurring any costs.
i. Work performed under contract. The County and the City shall share Storm
Sewer System repair costs and responsibilities in accordance with sections 7.
a. i., 7. a. ii, and 7. a. iii.
ii. Work completed by County and City staff. The County shall generally be
responsible for traffic control, bituminous pavement removal, excavation, and
bituminous patching and the City shall generally be responsible for repair or
replacement of castings, rings, structures, and pipes.
8. Cooperative. The County and the City shall cooperate and use their reasonable efforts to
ensure prompt implementation of the various provisions of this Agreement. The parties
agree to, in good faith, undertake resolution of any disputes in an equitable and timely
manner.
9. Independent Contractor. It is agreed that nothing herein contained is intended or should be
construed in any manner as creating or establishing the relationship of agents, partners,
joint ventures, or associates between the parties hereto or as constituting City as the
employee of the County for any purpose or in any manner whatsoever.
10. Mutual Indemnification. Each party shall, be liable for its own acts to the extent provided by
law and hereby agrees to indemnify, hold harmless and defend the other, its officers and
employees against any and all liability, loss, costs, damages, expenses, claims or actions,
including attorney's fees which the other, its officers and employees may hereafter sustain,
incur or be required to pay, arising out of or by reason of any act or omission of the party, its
agents, servants, or employees, in the execution, performance, or failure to adequately
perform its obligations pursuant to this Agreement. It is understood and agreed that the
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County's and City's liability is limited by the provisions of the Municipal Tort Claims Act,
Minn. Stat. Ch. 466 or other applicable law.
11. Payment. Upon presentation of an itemized claim by one agency to the other, the receiving
agency shall reimburse the invoicing agency for its share of the costs incurred under this
Agreement within 30 days from the presentation of the claim. If any portion of an itemized
claim is questioned by the receiving agency, the remainder of the claim shall be promptly
paid, and accompanied by a written explanation of the amounts in question. Payment of
any amounts in dispute will be made following good faith negotiation and documentation of
actual costs incurred in carrying out the work.
12. Rights/Remedies. All remedies available to either party under the terms of this Agreement
or by law are cumulative and may be exercised concurrently or separately, and the exercise
of any one remedy shall not be deemed an election of such remedy to the exclusion of other
remedies. The waiver of any default by either party, or the failure to give notice of any
default, shall not constitute a waiver of any subsequent default or be deemed to be a failure
to give such notice with respect to any subsequent default unless stated to be such in
writing and signed by Authorized Representatives of the County and the City.
13. Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which
might be suffered-by reason of any event giving rise to a remedy hereunder.
14.Authorized Representatives. The County's Authorized Representative for the purpose of the
administration of this Agreement is Mark Krebsbach, Dakota County Engineer, 14955
Galaxie Avenue, 3rd Floor, Apple Valley, MN 55124-8579, phone (952) 891-7100, or his
successor. The City's Authorized Representative for the purpose of the administration of
this Agreement is Andy Brotzler, Public Works Director/City Engineer, 2875 145th Street
West, Rosemount, MN 55068 (651) 423-4411 or his successor. All notices or
communications required or permitted by this Agreement 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 party. Mailed notice shall be deemed
complete two business days after the date of mailing.
15. Modifications. Any alterations, variations, modifications, or waivers of the provisions of this
Agreement shall only be valid when they have been reduced to writing, approved by the
parties respective Board or Council, and signed by Authorized Representatives of the
County and the City.
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16. Severability. The provisions of this Agreement shall be deemed severable. If any part of
this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect
the validity and enforceability of the remainder of this Agreement unless the part(s) which
are void, invalid, or otherwise unenforceable shall substantially impair the value of the entire
Agreement with respect to either part.
17. Final Agreement. This Agreement is the final expression of the agreement of the parties
and the complete and exclusive statement of the terms agreed upon and shall supersede all
prior negotiations, understandings, or agreements. There are no representations,
warranties, or stipulations, either oral or written, not herein contained.
[SIGNATURE PAGE TO FOLLOW]
N IHighwaylAGRMEN7120131Storm Sewer Maint Agr Rose C0025411.doc
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IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly
authorized representative.
CITY OF ROSEMOUNT
RECOMMENDED FOR APPROVAL:
By
Public Works Director/City Engineer Mayor
(SEAL)
By
City Clerk
Date
COUNTY OF DAKOTA
RECOMMENDED FOR APPROVAL:
By:
County Engineer County Administrator
Date:
APPROVED AS TO FORM:
Assistant County Attorney Date
COUNTY BOARD RESOLUTION
No. 13-445 Date August 27, 2013
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BOARD OF COUNTY COMMISSIONERS
DAKOTA COUNTY, MINNESOTA
August 27,2013 Resolution No. 13-445
Motion by Commissioner Egan Second by Commissioner Schouweller
Authorization To Execute Separate Maintenance Agreements For Storm Sewer Systems With Cities Of
Dakota County
WHEREAS, the Dakota County 2030 Transportation Plan, as adopted by the County Board on June 19,2012
(Resolution No. 12-327), included changes to the policy on cost participation for storm sewer maintenance;and
WHEREAS,the policy revision allowed costs for maintenance of storm sewers to be split up to 80 percent County
participation and 20 percent City.participation; and
WHEREAS, for cities to be eligible for participation, the policy requires entering into a system-wide storm sewer
maintenance agreement; and
WHEREAS, the Maintenance Agreement for Storm Sewer Systems was developed jointly with the cities;and
WHEREAS,the Agreement defines the roles and responsibilities for routine maintenance and repairs;and
WHEREAS, the County Engineer recommends authorizing execution of the Agreement.
NOW,THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the
terms of the Maintenance Agreement for Storm Sewer Systems that drain County Highway right of way, as
presented to the Physical Development Committee of the Whole at the August 20, 2013 meeting; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Administrator or Physical Development Director to execute a Maintenance Agreement for Storm Sewer Systems
with any city having a population greater than 5,000 that wishes to enter into an agreement with Dakota County,
substantially as presented to the Physical Development Committee on August 20, 2013, in accordance with the
cost sharing policies in the current Dakota County Transportation Plan, and subject to the approval of the County
Attorney's Office as to form.
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STATE OF MINNESOTA
County of Dakota
YES NO I, Kelly Olson, Clerk to the Board of the County of Dakota, State of
Minnesota,do hereby certify that i have compared the foregoing copy
Slavik X Stavtk of a resolution with the original minutes of the proceedings of the •
Gaylord X Gaylord Board of County Commissioners, Dakota County, Minnesota, at their •
session held on the 27 day of August, 2013, now on file In the
Egan X Egan County Administration Department,and have found the same to be a
Schouweller X _ Schouweller true and correct copy thereof.
Workman _ X Workman Witness my hand and official seal of Dakota County this 29Th day of
Krause X Krause August,2013.
Gerlach X Gerlach 4
• Clerk to the Board