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HomeMy WebLinkAbout5D City-Spring Lake Township Maintenance Agreement Addendum Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: OCTOBER 1, 2018 AGENDA #: 5D PREPARED BY: PETE YOUNG, WATER RESOURCES ENGINEER PRESENTED BY: PETE YOUNG AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE FIRST ADDENDUM TO THE CITY OF PRIOR LAKE/SPRING LAKE TOWNSHIP MAINTENANCE AGREEMENT GOAL AREA AND OBJECTIVE: High-Value City Services 5. Grow collaborations to provide efficient and cost-effective services to the community. DISCUSSION: Introduction The purpose of this agenda item is to consider authorizing an addendum to the 2016 City of Prior Lake/Spring Lake Township Maintenance Agreement for the Collaborative Maintenance of Shared Roads. History The City has been coordinating maintenance of roads and infrastructure with Spring Lake Township for many years. To memorialize these maintenance activities, the City Council passed Resolution 16-168 on December 12, 2016, approving an agreement with Spring Lake Township for the collaborative maintenance of certain roads and infrastructure (see attached agreement). Part of the City’s infrastructure maintenance responsibility under the agreement includes culvert cleaning. The City annexed several properties from Spring Lake Township in 2012, including properties on the east side of Panama Avenue SE, to the east of Rice Lake and Crystal Lake. Current Circumstances Rice Lake (located partially within Spring Lake Township and partially within the City of Prior Lake) flows into Crystal Lake (located completely within the City of Prior Lake) through a culvert located under a private street (174th Street East) in Spring Lake Township (map attached). This culvert, if not regularly maintained, has the potential to become blocked and cause high water on the upstream side of 174th Street East including areas adjacent to Rice Lake. High water in this area has the potential to impact driveways, other residential improvements, and the County Right-of-Way along Panama Avenue (CSAH 23). City residents on the east side of Panama Avenue SE have already experienced high water on their properties due to blockages of the 174th Street East culvert. Critical drainage and stormwater infrastructure, such as the culvert under 174th Street East that constitutes the outlet of a lake, should be operated and maintained by public agencies with the expertise and equipment to perform the needed work. In this case, the City of Prior Lake is in the best position to perform the work, and by doing so, can efficiently and cost-effectively protect both City and Township property owners from potential high water concerns. The City’s attorney worked with Spring Lake Township’s attorney to draft the attached addendum. Spring Lake Township approved the addendum at their most recent Board meeting. ISSUES: The City and Township have been collaborating for many years to provide efficient and cost-effective services to the public. These collaborations developed over the years. This modification builds on the existing 2016 maintenance agreement and collaborative practices. FINANCIAL IMPACT: The financial impact will be limited to the amount of time spent cleaning any culvert blockages. The City already has the equipment needed to perform this maintenance. Anticipated staff time requirement for normal maintenance of the culvert is up to 3 hours per year for a crew of 2 workers plus equipment time. ALTERNATIVES: 1. Approve a resolution as part of the consent agenda authorizing the Mayor and City Manager to execute the addendum to the City of Prior Lake/Spring Lake Township Maintenance Agreement. 2. Remove this item from the consent agenda for additional discussion. RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-___ A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE FIRST ADDENDUM TO THE CITY OF PRIOR LAKE/SPRING LAKE TOWNSHIP MAINTENANCE AGREEMENT Motion By: Second By: WHEREAS, Spring Lake Township and the City of Prior Lake have been collaborating on the maintenance of certain roads and other infrastructure for decades; and WHEREAS, The two entities formalized this collaboration with a Maintenance Agreement approved through City Resolution 16-168; and WHEREAS, The Maintenance Agreement describes the Township’s and the City’s responsibilities as it relates to roads and other infrastructure where the entities share a common interest; and WHEREAS, This First Addendum to the Maintenance Agreement is needed as the entities share a common interest in the drainage through a culvert under 174th Street East, located in Spring Lake Township. WHEREAS, Any maintenance work completed by the City under the First Addendum to the Maintenance Agreement will be limited to private properties within an Easement dedicated to the City and Spring Lake Township, collectively. 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 the Mayor and City Manager to execute the First Addendum to City of Prior Lake/Spring Lake Township Maintenance Agreement. Passed and adopted by the Prior Lake City Council this 1st day of October 2018. VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager 174 S T MU S H T O W N R D OBRIEN CT P O N D V IE W TRL456723 Scott County GIS This document is for reference only. It is neither a legally recorded map nor a survey and is not intended to be used as one. The drawing is a compilation of records, information, and data from various sources. No representation is made that the features are presented accurately or reflect true location. The City of Prior Lake, or any other entity from which the data was obtained, assumes no liability for any errors or omissions herein. If discrepencies are found, please contact the City of Prior Lake. KRice Lake-Crystal Lake CulvertLocation Map 0 175 350 525 70087.5 Feet City Boundary Culvert Location Rice Lake Crystal Lake City of Prior Lake Spring Lake Township City of Prior Lake CITY OF PRIOR LAKE/SPRING LAKE TOWNSHIP MAINTENANCE AGREEMENT THIS AGREEMENT is made as of Dec. 8', ;;>.oJr, by and between the City of Prior Lake, Minnesota, hereinafter referred to as "City," and the Township of Spring Lake, Minnesota, hereinafter referred to as the ''Township." RECITALS The City and the Township desire to enter into an agreement relating to the maintenance of various roads ("roads'') and other infrastructure located within the limits of the Township and the City upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the mutual undertakings and agreement contained within this agreement, the City and the Township hereby agrees as follows: 1. Scope of Services -Except as otherwise set forth in this Agreement, the City and the Township shall be responsible for all costs associated with their respective maintenance duties. The Township's and City's respective maintenance responsibilities with respect to the roads and infrastructure are as follows: A) Gravel Roads -The City and the Township share responsibility or the political boundaries for certain gravel roads such that collaboratively maintaining these roads is the most economical option for both entities . These gravel roads are shown on the attached Figure 1 as Gravel Roads. The City and Township agree to the following for the maintenance of the gravel roads: i) Township responsibility -The maintenance to be performed by the Township on the gravel roads shall consist of the following: a. Maintain the roads so as to keep them smooth and in good repair for the passage of traffic and free from all obstructions and impediments to traffic. This includes but is not limited to: grading, spot graveling and washout repair. b. Ditch mowing and weed/brush spraying. c. Cleaning gravel from ditches and reshaping the ditch section . d. Provide all snow and ice removal operations in accordance with its adopted snow removal policy. e. In the event that the Township and City mutually agree that additional road gravel, beyond spot graveling, is needed, the Township shall be responsible for such work. The Township and City shall each pay the costs of labor, materials, hauling, and grading proportional to the area within its respective jurisdiction. f. When a culvert lies within both jurisdictions and the Township and City mutually agree that replacement is needed, the Township shall be responsible for such work. The Township and City shall each pay V2 (one half) the costs of labor, materials, hauling and grading. ii) City Responsibility -The maintenance to be performed by the City on the gravel roads shall consist of the following: a. Brush clearing and culvert cleaning/steaming. b. Dust Coat 180th Street from the western edge of the Maple Glen 5th plat to Sunray Boulevard SW. c. Maintain all traffic control devices as may be necessary in accordance with the Minnesota Manual on Uniform Traffic Control Devices ("MUTCD"). B) Bituminous Roads -The City and the Township share responsibility or the political boundaries for certain bituminous roads such that collaboratively maintaining these roads is the most economical option for both entities. These bituminous roads are shown on the attached Figure 1 as Bituminous Roads. The City and Township agree to the following for the maintenance of the bituminous roads: i) Township responsibility -The maintenance to be performed by the Township on the bituminous roads shall consist of the following: a. Snow and ice removal operations in accordance with its adopted snow removal policy. b. Ditch mowing and weed/brush spraying. c. Shouldering bituminous roads that have a rural cross section. d. When a culvert lies within both jurisdictions and the Township and City mutually agree that replacement is needed, the Township shall be responsible for such work. The Township and City shall each pay the costs of labor, materials, hauling, and grading proportional to the area within its respective jurisdiction. ii) City Responsibility -The maintenance to be performed by the City on the bituminous roads shall consist of the following: a. Maintain the roads so as to keep them smooth and in good repair for the passage of traffic and free from all obstructions and impediments to traffic. This work shall include but not be limited to patching of the bituminous surface and removal of other minor obstructions. b. Provide anti-icing or liquid brine application in accordance with its adopted Winter Maintenance Policy. c. Culvert cleaning/steaming. d. Maintain all traffic control devices as may be necessary in accordance with the MUTCD and maintain road striping. e. Regular preventative maintenance shall be performed to maximize the lifespan of the pavement. When the Township and City mutually agree that crack sealing, seal coating, or an overlay is needed, the City shall be responsible for such work. The Township and City shall each pay the costs of labor, materials, hauling, grading and other contracted costs proportional to the area within its respective jurisdiction. C) Other Services -The City has labor and equipment resources that may allow it to provide additional services to the Township. The City shall provide the following services to the Township at no additional cost: i) Cleaning of storm sewer sump manholes and catch basins on Vergus Avenue and South Shore Drive. ii) Street sweeping of Vergus Avenue, Lakeview Drive, Raymond Avenue, South Shore Drive, South Shore Court, Rustic Hill Drive, Rustic Hill Court, and Sunrise Court shall be completed by the City without cost to the Township as a term of the Watershed District Grant received to offset a portion of the costs of the regenerative sweeper. iii) Anti-icing or liquid brine application in accordance with its adopted Winter Maintenance Policy of Vergus Avenue, Lakeview Drive, Raymond Avenue, South Shore Drive, South Shore Court, Rustic Hill Drive, Rustic Hill Court, and Sunrise Court. D) Contract Services -The City has labor and equipment resources that may allow it to provide additional services to the Township. Upon request of the Township and the availability of City resources, the City may provide the following to the Township for the cost of labor, materials and equipment: i) Adjustment of manhole rings or gate valves to minimize the potential for plow damage. ii) Street sweeping of other bituminous roads. E) Working Standards -Work performed by either the City or Township or a contractor shall comply with the following: i) Furnish all labor, materials, supplies, tools and other items necessary for the performance of the work provided for in this agreement. All materials used shall conform to the requirements of the Minnesota Department of Transportation Specifications for Construction, most current edition and all amendments and supplements thereto. ii) Roads subject to this agreement may be partially blocked for the period of time necessary for the performance of the services specified herein. In cases of emergency, a road may be wholly blocked to prevent passage of traffic. At no time, however, shall a road be obstructed fora longer period of time than is reasonably required for making the necessary repairs. A road may also be closed at such time as is necessary for the repair or installation of water or gas mains, electric or telephone cables, or sewers. Except in cases of emergencies, ten (10) days written notice shall be provided to the other party prior to the commencement of such installation or repairs. A suitable detour shall be provided at any time it is necessary to close or totally block traffic from using a road. iii} All partial and total closures of a road shall be carried out in conformance with the MUTCD and the current edition of Appendix "B" to the MUTCD. 2. Terms of Payment A) The party responsible for the work shall submit an invoice to the authorized agent of the other party for payment of the work completed. Payments shall be made within thirty (30) days after the later of the receipt of invoice for services performed or the acceptance of such services by the authorized agent of the City. B} Any disputes relating to payment for services shall be handled pursuant to paragraph 18 of this agreement. 3. Effective Date of Contract This agreement shall be effective beginning January 1, 2016. 4. Term of Contract This agreement shall remain in effect until December 31, 2020 unless ·earlier terminated as provided herein. 5. Authorized Agents A) The Township is notified of the authorized agent of City as follows: Katy Gehler Public Works Director City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55379 952-447-9890 B) The City is notified the authorized agent for the Township is as follows: Kathy Nielsen, Clerk Township of Spring Lake 20381 Fairlawn Ave Prior Lake, MN 55372 952 -447-7030 Either party may change its authorized agent by written notice to the other party, which notice shall be effective 10 days after receipt. 6. Indemnity Both parties to this agreement recognize each other as a political subdivision of the State of Minnesota. Each party mutually agrees to indemnify, defend and hold harmless the other, and its officers, agents, and employees from any claims, losses, costs, expenses or damages result ing from the acts or omissions of the party or its officers, agents, or employees relating to this agreement. Each party's obligation to indemnify the other under this clause shall be limited in accordance with the statutory tort liability limitation as set forth in Minnesota Statutes Chapter 466.04. The limits of liability for both parties may not be added together to determine the maximum amount of liability for either party. The intent of this paragraph is to impose on each party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the Parties and to permit liability claims against both Parties from a single occurrence to be defended by a single attorney. 7. Insurance The City and Township shall each maintain public liability coverage protecting itself, its Board or Council, officers, agents, employees and duly authorized volunteers against any usual and customary public liability claims in amounts determined appropriate by the party. Said policies shall be kept in effect during the entire term of this agreement. 8. Subcontracts The parties may subcontract any portion of the work to be performed under this agreement. The parties shall ensure and require that any subcontractor agrees to and complies with all of the terms of this agreement. Any subcontractor used to perform any portion of this agreement shall report to and bill the party which hired the contractor directly. The party which hired the contractor shall be solely responsible for the breach, performance or nonperformance of the subcontractor. 9. Force Majeure City and the Township agree that the City· and Township shall not·be liable for any delay or inability to perform this agreement, directly or indirectly caused by or resulting from strikes, labor troubles, accidents, fire, flood, breakdowns, war, riot, civil commotion, lack of material, delays of transportation, acts of God or other cause beyond reasonable control of the Township and the City. 10. Termination This agreement may be terminated by either party, with or without cause, upon 60 days written notice to the other party's authorized agent. 11. Independent Contractor It is agreed that nothing contained in this agreement is intended or should be construed as creating the relationship of a partnership, a joint venture, or an association between the City and the Township. Each party's employees, agents, subcontractors and representatives (collectively "employees") shall be considered its own employees and shall not be considered employees of the other party. Each party shall maintain control over its own employees and shall be solely responsible for payment of federal income tax, FICA payments, state income tax, unemployment compensation taxes, and other payroll deductions and taxes for its employees . 12. Notices Any notices to be given under this agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed to the other party's authorized agent. 13. Controlling Law The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this agreement and the legal relations between the parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder shall be those courts located with the County of Scott, State of Minnesota. Litigation, however, in the federal courts involving the parties shall be in the appropriate federal court within the State of Minnesota. If any provision of this agreement is held invalid, illegal or unenforceable, the remaining provisions shall not be affected . One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same. 14. Successors and Assigns The City and the Township, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this agreement. 15.Changes The parties agree that no change or modification to this agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and executed by both parties. The agreement should be reviewed by the Township and the City on an annual basis and the maps updated as appropriate to incorporate any roadway changes. 16. Entire Agreement It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the City and the Township relating to the subject matter hereof. 17. Third Parties This agreement is solely between the Township and the City as the only parties and no provision of this agreement shall in anyway inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of this agreement or of any one or more of its terms, or otherwise give rise to any cause of action in any person not a party to this agreement. 18. DISPUTES AND REMEDIES The Township and City agree as follows: A. Negotiation. If a disagreement over interpretation of any provision of this agreement should arise, the City and the Township shall direct staff members, as they deem appropriate, to meet at least one (1) time at a mutually convenient time and place to attempt to resolve the dispute through negotiation. B. Mediation. If the parties to this agreement are unable to resolve disputes, claims or counterclaims, or are unable to negotiate an interpretation of any provision of this agreement, the parties shall seek relief by submitting their respective grievances to mediation. The parties shall jointly agree on a mediator or shall request that a mediator be appointed by American Arbitration Association. The parties shall share equally in the costs of such mediation. C. Adjudication. If the parties to this agreement are unable to resolve disputes, claims or counterclaims after submitting their respective grievances to mediation, either party may seek relief through initiation of an action in a court of competent jurisdiction. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby/ TOWNSHIP OF SPRING LAKE sv~n:,a~ Its Clerk ~ By ~\l( Its Chairperson CITY OF PRIOR LAKE fj n ~ •I Ii Ii 1: t! I [; fl :i :: :~:t:~~\' ·~,-f'" . '1' 11-11 {:'!?}.\~U 1 :I ---:lj ;! ,, @ 'l@. ... .;_,,,. r., I;. :1 .li.•~~,H~ !,~-MW ·.r.' 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