HomeMy WebLinkAbout05(D) - Adopt Resolution No. 20-023 - Authorizing the Agreement with Scott County for Trail Maintenance Report
ITEM: 5D
CITY COUNCIL AGENDA REPORT
MEETING DATE: February 3, 2020
PREPARED BY: Andy Brotzler, Public Works Director/City Engineer
PRESENTED BY: Andy Brotzler
AGENDA ITEM: Adopt Resolution No. 20-023 – Authorizing the Scott County
Agreement for Trail Maintenance
GOAL AREA Transportation & Mobility
OBJECTIVE: 1. Maintain quality local street system based on a financially stable
plan that meets Overall Condition targets.
RECOMMENDED ACTION:
Adopt Resolution 20-023 Authorizing Prior Lake to Enter into an Agreement with Scott County
for Maintenance of Trails within City Limits.
BACKGROUND:
The purpose of this agenda item is to authorize the City of Prior Lake to enter into a 5-year
Cooperative Agreement with Scott County for trail maintenance within City limits.
The County and the Cities each have a responsibility for trail maintenance within their
respective jurisdiction. The City of Prior Lake maintains our city owned trails. The city has not
previously shared in any maintenance of the County owned trails. With this cost sharing
agreement, the plan is to provide more timely ongoing maintenance which is a benefit to the city
trail users.
Scott County and the cities of Shakopee, Savage, New Prague, Belle Plaine, Jordan and Elko-
New Market have agreed to cooperate in a five year County led trail maintenance program
(“CLTMP”) on trails along County Highways located within the City jurisdictions and have
agreed to share in the cost of work covered under that plan equally between the impacted City
jurisdiction and the County.
Scott County will annually prepare all bidding documents and conduct bidding services for the
trail maintenance services. They will advertise, receive and open bids and enter into a Contract
with the successful overall bidder. All work performed on trails along County Highways will be
considered CLTMP work and managed as a County project. Each city pays a fee to Scott
County for this service based on a percentage of the total amount of services requested through
the agreement.
Actual Construction Cost Percentage
$0 - $49,999 1.5%
$ 50,000 - $100,000 1.0%
Over $100,000 0.50%
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
Item 5D
Page | 2
Each city will coordinate with the contractor as to the timing of the actual work of their portion,
have authority in initiating and determining change orders and final quantities for their portion of
the contract work. Each city is responsible for inspecting the contractors work, measuring
quantities of materials provided and work performed and approving and certifying the progress
of the contractor for their portion of the Contract work.
Any City may terminate its participation in the Agreement with a 60-day written notice to the
County, The County may terminate the Agreement with a written notice at least 6 months prior
to the December 1 specification due date.
FINANCIAL IMPACT:
This is a new cost for trail maintenance, however the expenditure was included in the 2020
budget knowing staff was bringing this item to council to consider. The annual incremental cost
for the next several years is shown on the table below:
2020 2021 2022
City Annual $10,158 $15,433 $16,096
Estimated Cost
Total Square Yards 16,904 25,722 26,827
Cost/Square Yard $0.60 $0.60 $0.60
This annual expenditure would be charged to the General Fund Parks Department Maintenance
Agreements Trails/Sidwalks account (101-45200.00- 54010.55) This Scott County Agreement
is cost effective for city taxpayers. The State Legislature places a high priority on Local
Governments (LGU) combining their resources to accomplish day-to-day responsibilities. This
is an excellent example of this practice.
ALTERNATIVES:
1. Approve a resolution, as part of the consent agenda, authorizing entering into the
Agreement for trail maintenance within the City limits.
2. Remove this item from the consent agenda for additional discussion.
ATTACHMENTS:
1. Resolution - Scott County Agreement for Trail Maintenance
2. Trail Services Cooperative Agreement
3. Trail Estimate (Master)
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 20-023
ADOPT RESOLUTION NO. 20-023 - AUTHORIZING THE AGREEMENT FOR TRAIL
MAINTENANCE ALONG COUNTY HIGHWAYS
Motion By: Second By:
WHEREAS, The County and the City have responsibility for trail maintenance within their
respective jurisdiction; and
WHEREAS, The County and the cities of Shakopee, Savage, New Prague, Belle Plaine,
Jordan and Elko New Market have agreed to cooperate in a five (5) year
County led trail maintenance program on County Highways located within City
jurisdictions and have agreed to share in the cost of work covered under that
plan equally between the impacted City jurisdiction and the County; and
WHEREAS, The County is willing to annually prepare all bidding documents and conduct
bidding services pursuant to Local and State laws for trail maintenance
services; and
WHEREAS, This Agreement shall be in effect until December 31, 2024
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 entering into an Agreement for trail maintenance along County
Highways. This expenditure will be charged to the General Fund Parks Department (101-
45200.00-54010.55).
Passed and adopted by the Prior Lake City Council this 3rd day of February 2020.
VOTE Briggs Thompson Burkart Braid Erickson
Aye
☐
☐ ☐ ☐ ☐
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager
Total Square YardsTotal in Cost Per CityAgency's Share (50%)Total Square YardsTotal in Cost in Each CityAgency's Share (50%)Total Square YardsTotal in Cost in Each CityAgency's Share (50%)Shakopee 44,740.00 $53,688.00 $26,844.00 55,569.67 $66,683.60 $33,341.80 36,773.00 $44,127.60 $22,063.80Savage 9,685.00 $11,622.00 $5,811.00 0.00 $0.00 $0.00 5,867.00 $7,040.40 $3,520.20Prior Lake 16,930.78 $20,316.93 $10,158.47 25,721.67 $30,866.00 $15,433.00 26,827.00 $32,192.40 $16,096.20New Prague 2,613.33 $3,136.00 $1,568.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00Belle Plaine 2,864.44 $3,437.33 $1,718.67 3,825.00 $4,590.00 $2,295.00 0.00 $0.00 $0.00Jordan 6,848.89 $8,218.67 $4,109.33 0.00 $0.00 $0.00 0.00 $0.00 $0.00Elko New Market 0.00 $0.00 $0.00 3,481.11 $4,177.33 $2,088.67 8,448.00 $10,137.60 $5,068.80County (Not in a City) 0.00 $0.00 $0.00 0.00 $0.00 $0.00 13,852.00 $16,622.40 $16,622.40TOTAL 83,682.44 100,418.93$ 50,209.47$ 88,597.45 106,316.94$ 53,158.47$ 91,767.00 110,120.40$ 63,371.40$ * Shares will be based on actual costs2020 (Estimated Cost) *2021 (Estimated Cost) *2022 (Estimated Cost) *Trail Preventative Maintenance Program
CONSTRUCTION COOPERATIVE AGREEMENT
TRAIL MAINTENANCE
THIS AGREEMENT, made and entered into this day of , 2020, by and between the
County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to
as the "County" and the City of Savage, Minnesota, the City of Prior Lake, Minnesota, the City of New
Prague, Minnesota, the City of Belle Plaine, Minnesota, the City of Jordan, Minnesota, the City of Elko New
Market, Minnesota, the City of Waconia, Minnesota, the City of Eagan, Minnesota, hereinafter referred to as the
“the Cities or City,” and all parties hereinafter collectively referred to as the “Parties” and individually as
“Party”, all being political subdivisions of the State of Minnesota.
RECITALS:
A.The County and the Cities each have responsibility for trail maintenance of trails within their
respective jurisdictions.
B.The County and the City of Shakopee, Minnesota, the City of Savage, Minnesota, the City of Prior
Lake, Minnesota, the City of New Prague, Minnesota, the City of Belle Plaine, Minnesota, the City of
Jordan, Minnesota, the City of Elko New Market, Minnesota have agreed to cooperate in a five (5)
year County led trail maintenance program (“CLTMP”) on trails along County Highways located
within the City jurisdictions and have agreed to share in the cost of work covered under that plan
equally between the impacted City jurisdiction and the County.
C.All Parties seek to utilize a singular contracting procedure and one common contractor for each
Party’s joint and individual trail maintenance projects.
D.The County is willing, for itself and on behalf of the Cities, to annually prepare all bidding documents
and conduct bidding services pursuant to Local and State laws for the trail maintenance services
needed and desired by the Parties.
E.This Agreement is made pursuant to the authority conferred upon the Parties pursuant to Minnesota
Statutes 471.59.
NOW, THEREFORE, IT IS HEREBY AGREED:
1.The recitals above are hereby restated and incorporated herein.
2.The Cities shall annually provide to the County maps showing the proposed locations for their
individually requested trail maintenance services including estimating quantities thereof on or before December
1st prior to the construction year (ex: December 1, 2019 is the deadline for the 2020 construction year).
3.The County will prepare all estimates under the CLTMP on trails along County Highways.
4.The County shall prepare bid documents that include the individually submitted projects as well as the
CLTMP projects for the given year and submit those documents to the Cities for review. The Cities shall
respond with changes or approval, in writing, within two (2) weeks of receipt of the documents.
5.The County shall advertise for bids for the work and construction consistent with the approved
documents, receive and open bids pursuant to said advertisement, and enter into a “Contract” with the
successful overall bidder at the unit prices specified in the bid of such bidder, according to law in such case
provided for counties.
6.Project Work: The Parties will complete the contemplated contract work with the selected contractor
with responsibility as set out herein.
a.All work performed on trails along County Highways and/or initiated by the County will be
considered CLTMP work and managed as a County project.
b.Each Party shall coordinate with the contractor as to the timing of the actual work for their portion of
the Contract work.
c.Each Party shall have the authority in initiating and determining change orders and final quantities
for their portion of the Contract work.
d.Each Party shall be responsible for inspecting contractor’s work, measuring the quantities of
materials provided and work performed, and approving and certifying progress of the contractor for
their portion of the Contract work.
7.Payment:
a.Project Costs - For work completed for a Party project in accordance with the Contract plans and
specifications, the contractor will submit an itemized invoice to that Party separately for that portion
of the Contract work. Upon the Party’s approval of the invoice, the participating Party will remit the
approved invoice amount directly to the contractor according to the terms set forth in the Contract.
b.Administration Fee – Contractor will submit copies of each Party’s directly billed invoices to the
County. Each City shall pay the County, within thirty (30) days of receipt of an invoice from
County, a fee for legal and administrative costs determined as a percentage of their actual total billed
construction costs as follows:
Actual Construction Cost Percentage
$0-$49,999 1.50%
$50,000-$100,000 1.00%
Over $100,000 0.50%
c.CLTMP Projects - For work covered by the CLTMP initially paid by County, County will invoice
the Cities upon Contract closeout for fifty percent (50%) of the actual Contract costs based on the
final measured amounts and the administration fee as set out above. Each City shall pay the County
such amounts within thirty (30) days of receipt of the invoice.
8.It is agreed that each Party shall indemnify, save, and hold harmless the each of the other participating
Parties, and all of their agents and employees from any and all claims, demands, actions, or causes of action, for
whatever nature, arising out of the execution or performance of the work purchased for each Party under this
Agreement, and that the participating Party further agrees to defend, at their sole costs and expense, any actions
or proceedings commenced against their respective Parties for the purposes of asserting any claim of
whatsoever character arising hereunder. The Parties agree that liability under this Agreement is controlled by
Minnesota Statute 471.59, subdivision 1a and that the total liability for the Parties shall not exceed the limits on
governmental liability for a single unit of government as specified in 466.04, subdivision 1. (a).
9.This Agreement shall be in effect until December 31, 2024. This Agreement may be executed in
counterparts.
10.Additional parties may be added to this agreement upon the sole approval of County, proper approval of
their governing body and execution of a counterpart of this Agreement. Upon addition of any party, a copy of
the signature page and an updated contact list hereby incorporated and attached as Exhibit B will be provided
by the County to all participating Parties.
11.Termination:
a.Any City may terminate its participation in this agreement by giving written notice to the County at
least sixty (60) days’ prior to the December 1 specifications due date.
b.The County may terminate this Agreement by providing written notice to the Cities at least six (6)
months prior to the December 1 specifications due date.
12.Since all Parties are a political subdivision of the State of Minnesota, each Party shall maintain a
program of self-insurance or insurance covering general liability and automobile liability protecting itself, its
officers, agents, employees and duly authorized volunteers against any usual and customary public liability
claims to the limits prescribed under Minn. Stat. Sec. 466.04 and Workers’ Compensation in accordance with
the Minnesota statutory requirements. Said coverage shall be kept in effect during the entire term of this
Agreement.
13.All records kept by the Parties with respect to the Project shall be subject to examination by the
representatives of each Party. All data collected, created, received, maintained or disseminated for any purpose
by the activities of the County or Party pursuant to this Agreement shall be governed by Minnesota Statutes
Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted.
14.No Party, its officers, agents or employees, either in their individual or official capacity, shall be
responsible or liable in any manner to the other Party for any claim, demand, action or cause of action of any
kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance
or nonperformance of the described maintenance, restoration, repair or replacement work by the other Party, or
arising out of the negligence of any contractor under any contract let by another Party for the performance of
said work; and each Party agrees to defend, save, keep and hold harmless the other, its officers, agents and
employees harmless from all claims, demands, actions or causes of action arising out of negligent performance
by its officers, agents or employees.
15.It is further agreed that no Party to this Agreement shall be responsible or liable to the other or to any
other person or entity for any claims, damages, actions, or causes of actions of any kind or character arising out
of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any
work or part hereof by the other as provided herein; and each Party further agrees to defend at its sole cost and
expense and indemnify the other Party for any action or proceeding commenced for the purpose of asserting any
claim of whatsoever character arising in connection with or by virtue of performance of its own work as
provided herein. 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 to limit each Party’s
total liability for all claims arising from a single occurrence, include the other Party’s claim for indemnification,
to the limits prescribed under 466.04. It is further understood and agreed that the Party’s total liability shall be
limited by Minnesota Statute Section 471.59, Subdivision 1(a) as a single governmental unit.
16.It is further agreed that any and all employees of each Party and all other persons engaged by a Party in
the performance of any work or services required or provided herein to be performed by the Party shall not be
considered employees, agents or independent contractors of the other Party, and that any and all claims that may
or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of
Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a
consequence of any act or omission on the part of said employees while so engaged shall be the sole
responsibility of the employing Party and shall not be the obligation or responsibility of the other Party.
17.The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights
and discrimination and the affirmative action policy statement of the County shall be considered a part of this
Agreement as though fully set forth herein, including Exhibit A, which is attached and hereby incorporated.
18.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.
19.In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining
provisions shall be valid and binding upon the Parties unless such invalidity or non-enforceability would cause
the Agreement to fail its purpose. 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 by the other
Party.
IN TESTIMONY WHEREOF, The Parties hereto have caused this Agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF PRIOR LAKE
(SEAL)
By And
Kirt Briggs, Mayor Michael Plante, City Administrator
Date Date
COUNTY OF SCOTT
ATTEST:
By By
Lezlie A. Vermillion Barb Weckman- Brekke
County Administrator Chair of Its County Board
Date Date
RECOMMEND FOR APPROVAL:
Approved as to form:
By By
Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer
Date Date
IN TESTIMONY WHEREOF, The Parties hereto have caused this Agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF BELLE PLAINE
(SEAL)
By And
Christopher G. Meyer, Mayor Dawn Meyer, City Administrator
Date Date
COUNTY OF SCOTT
ATTEST:
By By
Lezlie A. Vermillion Barb Weckman- Brekke
County Administrator Chair of Its County Board
Date Date
RECOMMEND FOR APPROVAL:
Approved as to form:
By By
Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer
Date Date
IN TESTIMONY WHEREOF, The Parties hereto have caused this Agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF SAVAGE
(SEAL)
By And
Janet Williams, Mayor Brad Larson, City Administrator
Date Date
COUNTY OF SCOTT
ATTEST:
By By
Lezlie A. Vermillion Barb Weckman- Brekke
County Administrator Chair of Its County Board
Date Date
RECOMMEND FOR APPROVAL:
Approved as to form:
By By
Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer
Date Date
IN TESTIMONY WHEREOF, The Parties hereto have caused this Agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF ELKO NEW MARKET
(SEAL)
By And
Joe Julius, Mayor Thomas Terry, City Administrator
Date Date
COUNTY OF SCOTT
ATTEST:
By By
Lezlie A. Vermillion Barb Weckman- Brekke
County Administrator Chair of Its County Board
Date Date
RECOMMEND FOR APPROVAL:
Approved as to form:
By By
Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer
Date Date
IN TESTIMONY WHEREOF, The Parties hereto have caused this Agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF JORDAN
(SEAL)
By And
Tanya Velishek, Mayor Tom Nikunen, City Administrator
Date Date
COUNTY OF SCOTT
ATTEST:
By By
Lezlie A. Vermillion David Beer
County Administrator Chair of Its County Board
Date Date
RECOMMEND FOR APPROVAL:
Approved as to form:
By By
Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer
Date Date
IN TESTIMONY WHEREOF, The Parties hereto have caused this Agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF NEW PRAGUE
(SEAL)
By And
Chuck Nickolay, Mayor Michael Johnson, City Administrator
Date Date
COUNTY OF SCOTT
ATTEST:
By By
Lezlie A. Vermillion Barb Weckman- Brekke
County Administrator Chair of Its County Board
Date Date
RECOMMEND FOR APPROVAL:
Approved as to form:
By By
Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer
Date Date
IN TESTIMONY WHEREOF, The Parties hereto have caused this Agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF EAGAN
(SEAL)
By And
Mike Maguire, Mayor Dave Osberg, City Administrator
Date Date
COUNTY OF SCOTT
ATTEST:
By By
Lezlie A. Vermillion Barb Weckman- Brekke
County Administrator Chair of Its County Board
Date Date
RECOMMEND FOR APPROVAL:
Approved as to form:
By By
Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer
Date Date
IN TESTIMONY WHEREOF, The Parties hereto have caused this Agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF WACONIA
(SEAL)
By And
Kent Bloudek, Mayor Susan Arntz, City Administrator
Date Date
COUNTY OF SCOTT
ATTEST:
By By
Lezlie A. Vermillion Barb Weckman- Brekke
County Administrator Chair of Its County Board
Date Date
RECOMMEND FOR APPROVAL:
Approved as to form:
By By
Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer
Date Date
Exhibit A
Exhibit B
Administrative Contact List
Name City/County Phone Number Email
Luke Simonson Scott County 952-496-8052 lsimonson@co.scott.mn.us
Jake Theisen Prior Lake 952-447-9899 jtheisen@cityofpriorlake.com
Andy Weldon Savage 952-224-3400 aweldon@ci.savage.mn.us
Corey Schweich Elko New Market 925-224-6781 cschweich@ci.enm.mn.us
Scott Haas Jordan 952-492-2535 haass@jordanmn.gov
Al Fahey Belle Plaine 952-873-6742 publicworks@ci.belleplaine.mn.us
Glen Sticha New Prague 952-758-4401 gsticha@ci.new-prague.mn.us
Craig Eldred Waconia 952-442-4265 celdred@waconia.org
Angie Ellison Eagan 651-485-0709 aellison@cityofeagan.com