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. Cle:fc :,o :he 3oard oi:4e Coar.c.• o::ai:o;a. �rsce oi`�1E:neso;a, do `::er�o}•ce.^_iir .^ac I i:a:•e ce:r.?ar�� _::e
caregoing cooy oi a resoiucion w4*�Z :he or,y*inal :nir,s:zs ui��e proce�dir.gs oi:.�e 3oard o:Cocnr:Comr.iissioners, Dal:o�Co::.^.t;:.
ltinneso�a. ac Cheir session neld urt �ze ��`Z day oi June 1�9_'- . ,ow on SZZ t1 :SY Co�.:�.:�
.4eministracion Depar.aent, anci have tocnd che sa.:�e co er s crue and correc: coo}• :nere^[.
�U, ���/J �/ �
R�itneae my hand ar.d ocficial sezt oi Da:;n;s Crunt� ::.is � '�� �a�'�o� ''""--'G " �'—
���� � ��
% Cie:� ,o the 8oa:d