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HomeMy WebLinkAbout4.j. Authorize Execution of Maintenance Agreement for Dakota County Bikeway Trails � ' CtTY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: July 19, 1994 AGENDA ITEM: Authorize Execution of Maintenance AGENDA SECTION: Agreement for Dakota County Bikeway Trails Consent Agenda PREPARED BY: Bud Osmundson AGENDA NO. City Engineer/Public Works Director ,��� # �.. ATTACHMENTS: Maintenance Agreement APPROVED BY: The attached Agreement for County Bikeway Trail Maintenance is being presented to each City in Dakota County for approval. There have been numerous rneetings regarding this subject and the Agreement was a culmination of those discussions. Specifically, the Agreement specifies that new or reconstruction costs of trails be divided to City and County responsibility with sepa�ate Agreements. At this time, the cost of new or reconstructed trails may be split 55% County/45% City, but will follow future cost sharing splits as determined by the County. The City will be responsible for all maintenance as specified on Page 2 of the Agreement. This is basically how it works now, but formalizes the Agreement. Staff recommends authorization for the Mayor and Clerk to sign the Agreement and for Public Works to be responsible for its enforcement. RECOMMENDED ACTION: MOTION TO AUTHORIZE THE APPROPRIATE SIGNATURES ON THE DAKOTA COUNTY BIKEWAY TRIAL MAINTENANCE AGREEMENT. COUNCIL ACTION: 1 � Dn I�OT n �O , +�T`J LOUIS J.BREIMHURST,P.E. H 1'\ I H U � r DIRECTOR (612)891-7003 DIVISION OF PHYSICAL DEVELOPMENT Fax(612)891-703t 14955 GA�AXIE AVENUE APPLE VALLEY,MINNESOTA 55124-8579 DEPARTMENTS OF- � � � • HIGHWAYS � . � � • PARKS • PI_.4NNING 8 PROGRAM MGMT. � • FiESOUFiCE RECOVERY • SURVEY June 24, 1994 Ron Wasmund, Director of Public Works City of Rosemount 2875 - 145th Street West Rosemount, MN 55068 Dear Ron: On June 7, 1994 the Dakota County Board of Commissioners approved the draft revised Maintenance Agreement for County Bikeway Trails between the County and each Ciry. A copy of the approved resolution is attached. The approved agreement is the agreement Office of Planning staff, a County Attorney and representatives from the cities agreed to on Apri121, 1994. A copy of the draft was included with a memo dated April 25, 1994, for review and comment. We have enclosed the Maintenance Agreernent which has been approved as to form by the County Attorney's Office. Please have the agreement signed and retumed to this office to obtain County signatures. When the agreement is returned to this office and County signatures obtained, the originals will be filed in the County Auditor's Office and copies will be retumed to you. Also, please note that for item#16, on page 5 of the Agreement, you need to fill in the information concerning your authorized representative. If you have any questions, please contact Lynn Moratzka at 891-7030. Sincerely, / � Jac Ditmore,Deputy Director PHYSICAL DEVELOPMENT DIVISION cc: Louis Breimhurst, Director, Physical Development Division Lynn Moratzka, Office of Planning Andrea White, Assistant County Attomey Attachments n:lmba624 AN E9UAL OPPORTUNIN EMPLOYER . MAINTENANCE AGREEMENT FOR COUNTY BIREWAY TRAILS BETWEEN THE COUNTY OF DAR�TA 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 Separated Bikeway Trails located 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 resolution of the City Council; 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. 94-436 . 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 of Separated Bikeway Trails, in accordance �aith the Dakota County Bikeway System Plan as adopted by the County Board of Commissioners in 1977 , last am�nded in March 1989 , and as that plan may be amended from time to time (hereinafter "Bikeway System Plan") . For purposes of this Agreement, "Separated Bikeway Trails" means existing or future bike trails located along County roads within the corporate limits of the City. 2 . Term. This Agreement shall be in force and effect from the date of execution by all parties and shall continue in effect for the life of the Separated Bikeway Trails or until terminated in accordance with the provisions herein. 3 . Termination. This Agreement may be terminated by either party upon one year written notice and a showing by either party that the Agreement is no longer necessary or feasible. The determination that the Agreement is no longer necessary or feasible is subject to dispute resolution as described herein. 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. Separated Bikeway Trails may be constructed by the County or the City. Design and costs of construction are 1 covered under separate agreement. Design plans and specifications shall be duly approved by the representative of the City prior to future construction of any Separated Bikeway Trail covered by this Maintenance Agreement. 5. Commencement of Maintenance. For Separated Bikeway Trails constructed by the County, the County will provide the City with a Notice of Completion and a set of plans, upon completion of construction. Upon completion of construction of Separated Bikeway Trails constructed by the City or upon receipt of the Notice of Completion � for Separated Bikeway Trails constructed by the County, the City will commence maintenance of the Separated Bikeway Trails in accordance with the terms and conditions of this Agreement. 6. Maintenance Terms. In accordance with the Bikeway System Plan, as it may from time to time be amended, the City shall provide maintenance for the Separated Bikeway Trails, including, but not limited to, the following: A. Seal coating, bituminous overlay of sections or patching and alternative maintenance, as reasonably necessary to prevent premature structural deterioration and to maintain a smooth, hard surface suitable for all user groups. B. Surface patching and edge repairs as reasonably necessary to provide a smooth, safe and . usable surface. C. Cleaning, including debris, leaf and sand removal, as reasonably necessary. D. Maintenance of visible pavement markings. E. Repair and reinstallation of signs and signposts. The County will provide the City with signs and signposts for the Separated Bikeway Trails. F. Minor repair and maintenance of kiosks, not exceeding One Hundred Fifty and No/100 Dollars ($15'0. 00) . Costs of major repair and reconstruction of kiosks will be shared equally by the City and County. G. Trash removal at kiosk sites. H. Snow removal at the discretion of the City. As part of its maintenance plan the City �shall notify the � Director of Physical Development if and where the City provides snow removal on the Separated Bikeway Trails. Except as otherwise stated, the City is responsible for furnishing all labor, materials, supplies, tools and other items and costs necessary for the performance of any and all maintenance. For signs located at City boundaries, costs will be divided equally with adjoining cities even though the actual physical location of the sign or kiosk may not be in the City. Al1 materials used by the City in the performance of the work under this Agreement shall conform to the requirements of MN/DOT specifications, if applicable. 2 7. Maintenance Plan. The City shall file a plan with the Director of Physical Development covering the scope and schedule for maintenance work no later than December 31, 1994. This plan shall be updated as necessary, but shall be reviewed at least every three years. Revised plans shall also be filed with the Director of Physical Development. Plans shall include the name, title, and department of the person in charge of maintenance of Separated Bikeway Trails. 8. Failure To Submit or Complv With A Maintenance Plan_,_ The filing and compliance with the material terms of a current maintenance plan is a condition for all future County funding of Separated Bikeway Trails in the City. 9. Replacement of Trails. The normal life expectancy for Separated Bikeway Trails which have received proper maintenance is fifteen to twenty years. For Separated Bikeway Trails originally constructed at County expense, the County and the City will share the cost of replacement of trails in the same manner as the then current cost share formula for road construction between the County and the City. The City shall be totally responsible for the reconstruction of Separated Bikeway Trails which require premature replacement due to poor maintenance and upkeep. The City can refute an allegation that replacement is premature by evidence of maintenance that has been performed. Whether a Separated Bikeway Trail has prematurely deteriorated due to poor maintenance is subject to the Dispute Resolution provisions herein. ' 10. Cooperation. The County and 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. 11. Dispute Resolution. Any dispute under this Agreement, shall, upon the request of either party, be submitted to arbitration pursuant to the Uniform Arbitration Act, Minn. Stat. §§572 . 08 , et seq. , provided the County Board and City Council have been advised of the dispute. The County and the City shall mutually agree upon one neutral arbitrator. If no agreement can be reached within a reasonable time, not to exceed two weeks, the County and the City shall each choose one arbitrator. The two arbitrators chosen shall confer and jointly select a third arbitrator to complete a panel. All proceedings before the arbitrator(s) shall be informal. The City and County shall each select a person or persons to present their respective cases. Established legal procedure and evidentiary rules may be used as a guide in conducting the proceeding. , However, formal rules of evidence shall not apply to the proceeding. The County and City shall have the right of discovery regarding any matter, not privileged by law, which ,is relevant to the dispute. The methods of discovery shall include a11 recognized methods of discovery for civil court actions. Disagreements between the County and City regarding the nature or extent of discovery shall be submitted to the arbitrator(s) . 3 The arbitrator(s) shall hear the dispute and make findings, recommendations and an award concerning the dispute and shall personally or by certified mail deliver the award to the County Board or City Council, and their respective representatives. The arbitrator(s) shall provide reasons for the decision in writing. In its decision, the arbitrator(s) shall decide the extent to which each of the parties shall bear the reasonable cost of resolving the dispute, including, but not limited to, reasonable attorney's fees incurred for such arbitration. The decision shall be final and binding upon the parties, if, in the opinion of the arbitrator (s) , the total monetary impact of the decision upon either party does not exceed $20, 000. 00, annually. In the event the arbitrator(s) decide that the total monetary impact of its decision equals or exceeds that amount, the arbitrator(s) 's decision shall be appealable by either party to the District Court, State of Minnesota, First Judicial District, per applicable law. This provision does not preclude the parties from mutually agreeing to use any other type of dispute resolution. 12 . 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 venturers or associates between the parties hereto or as constituting City as the employee of the County for any purpose or in any manner whatsoever. 13 . 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. This includes any actions which arise because of the City's maintenance or lack thereof of Separated Bike Trails under this Agreement. It is understood and agreed that the 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. 14 . 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 City. 4 15. Dutv 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. 16. Authorized Representative. The named person in the position stated below, or their successor in title, is designated the Authorized Representatives of parties for purposes of this � Agreement. These persons have authority to bind the party they represent and to consent to modifications and subcontracts, except that, as to the County, the Authorized Representative shall have only the authority specifically or generally granted by the County Board. Notification required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. To City: To County: Name: Bud Osmundson . Name: Louis J. Breimhurst Title: City Engineer/Public Works Tltle: Dakota County Director Physical Development Dir. Address: 2g75 145th St W Address: 14955 Galaxie Ave Rosemount, MN 55068 Apple Valley, MN 55124 Phone Number: 322-2022 Phone Number: (612) 891-7005 17 . Modifications . Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, signed by Authorized Representatives of the County and City. 18 . Severabilitv. 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 or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. 19 . 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 representatians, warranties, or stipulations, either oral or written, not herein contained. 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed. Approve as to fo COUNTY OF DAKOTA 6 �i By Assistant County Attorney/ ate Title Date of Signature Approved as to execution: Attest Norma Marsh, Auditor Date of Signature Assistant County Attorney/date Approved by Dakota County Board Resolution No. 94-436 CITY OF ROSEMOUNT By , Mayor Date of Signature Attest , City Clerk Date of Signature K/K94-221 6 BOAF OF COUNTY COM�IISS� �vERS � DAKOTA COUNTY, MINNESOTA DATE June ? . 1994 RESOLliTIO� v0. 94-436 1�Iocion by Commissioner Harris Seconded by. Commissioner Jensen Gvr.'EREAS, the cities within Dakota County have agreed to maintain the se�arated bike trails along County roads; and WF{EREAS, Dakota County desiras to continue the c�ooerative rel.ationsnip wit:Z tZe cities for funding and main��nance of separated bike trails; and W'H�RE�S, Dakota County has re�eived federa? funding ,for tne installation and piacement of signage and kiosks on tne County Bikeway System. NO�d, THEREFORE, BE IT RESOLVED, That the Dakota County Board oi Ccnlmissioners approves the dra=� revised Maint�nance �grae:nent for County Bi:{e=aay Trails betT�reen the County oz Dakota and the Cities af Agp� e Valley, Bu�nsville, Eagan, Far:nington, Hastings, �nve� Grove F?eights, Lakeville, Mencota Heigh�s, Rosemour.L, Sou�.:� S�. ?au1 and West St. Pau1; and BL :.T rURTHER RESOLV�D, That t�!e Dako�a C^.ur.t.r Boar3 authorizes �he D�rector o� Physical Development to executz ti�e aporoved :naintsnancz agree:�en� �ai�� each ci�_r, subjec� �o approval by =he County ���orney as to =o� znd ex=c:zt_on, sub�ect to �he continu=zg policv that the Cou�ty wi11 not e�end �t1_^.CS �Or S2�d1'd��'L.'7 }J11C� ti3'_�S �il �llZ'lSu�.Ci..lOI15 �:1�� do no� approve the �naintenance agr�e:nent. YES :VO Harris Y Harris Maher `'� Maher Bataglia Y Bataglia Ricnards Y Richards Turner s� Turner Iensen Y lensen loedin4 -'�T Loeding Siaie of Minnesota Couaty of Dakoca t. Ioan L. Eiendall. 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