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HomeMy WebLinkAboutVIII-05 Authorize Signature Joint Powers Agreement Dakota County Vermillion Acres
City Council Memorandum
To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: January 18, 2022 Item: Authorize Signature: Joint Powers Agreement - Vermillion Acres - Dakota
County (1190 County Road 47)
Council Action Requested: Authorize signature of the attached Joint Powers Agreement (JPA) between the City and Dakota County for construction of intersection improvements along CSAH 47 in
association with the Vermillion Acres Senior Housing Development. A simple majority
is necessary for action. Background Information: As part of the Site Plan and Plat approval for Vermillion Acres certain roadway and
intersection improvements along County Road 47 near Village Trail were required in
order to facilitate traffic generated from the development. The JPA outlines project costs and responsibilities. Exhibit B of the JPA provides the following detail: Developer Total $163,378.60
County Total $118,549.24
Remaining 15% (City/Developer) - To be paid by Developer per Vermillion Acres Development Agreement $20,977.40
TOTAL $302,905.24 Financial Impact: No impact to the City. The JPA establishes project costs and limitations for County contribution. The executed Development Agreement for Vermillion Acres obligates the
developer to pick up remaining costs for construction of improvements. Advisory Commission Discussion: N\A Council Committee Discussion:
N\A
Attachments:
• Location Map
• Joint Powers Agreement
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BEGINTAPEREND TAPER, MATCH INTOEXISTING STRIPINGEND TAPER, MATCH INTOEXISTING STRIPING
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Attachment A
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Dakota County Contract #C0034564
JOINT POWERS AGREEMENT FOR
ENGINEERING, RIGHT OF WAY, CONSTRUCTION, MAINTENANCE, AND COST
PARTICIPATION
BETWEEN
THE COUNTY OF DAKOTA
AND
THE CITY OF HASTINGS
FOR
DAKOTA COUNTY PROJECT NO. 47-06
CITY PROJECT NO. 21-XX
SYNOPSIS: Dakota County and the Hastings agree to construction of the intersection
improvements along County State Aid Highway (CSAH) 47 (Vermillion Road) 500 feet west of
Village Trail to 350 feet east of 31st Street West to include left turn lanes at Village Trail and 31st
Street in Hastings, Dakota County. Dakota County Project Number (DCP) 47-06 manages
intersections to increase transportation system efficiency, improve safety and maximize existing
highway capacity along County State Aid Highway (CSAH) 47 (Vermillion Road) in conjunction
with development.
VIII-05
Dakota County Contract #C0034564 October 12, 2021
Page | 2
THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in
this Agreement as the "County", and the City of Hastings, referred to in this Agreement as the
"City", and witnesses the following:
WHEREAS, under Minnesota Statutes Sections 162.17, subd. 1 and 471.59, subd. 1, two
governmental units may enter into an Agreement to cooperatively exercise any power common
to the contracting parties, and one of the participating governmental units may exercise one of its
powers on behalf of the other governmental units; and
WHEREAS, to provide a safe and efficient transportation system, the County and the City are
partnering on County Projects 47-06, for construction, and cost participation; and
WHEREAS, Dakota County and the City agree to install left turn lanes at the intersections of
Village Trail and 31st Street along County State Aid Highway (CSAH) 47 (Vermillion Road) in the
City of Hastings, Dakota County; and
WHEREAS, a joint powers agreement with the City is necessary to identify the terms of Dakota
County and City responsibilities and participation in the project; and
WHEREAS, County staff recommends a joint powers agreement with the City to define the
construction, maintenance responsibilities, and project cost participation; and
WHEREAS, the City of Hastings is the lead agency for the project and will be responsible for
completing all construction necessary to construct the turn lane improvements in 2021; and
WHEREAS, the purpose of the project is to allow for more efficient traffic flow, improve safety and
maximize highway capacity; and
WHEREAS, the County will provide funding for the intersection project in accordance with the
adopted cost participation policy F.1 Roadway – Replacement and Modernization, 2 to 3 lane;
and
WHEREAS, the CIP will be administratively amended to transfer $118,600 of funding from the
safety and management set-aside to CP 47-06; and
VIII-05
Dakota County Contract #C0034564 October 12, 2021
Page | 3
WHEREAS, staff recommends entering into a joint powers agreement with the City for the addition
of left lanes at the intersections of Village Trail and 31st Street.
NOW, THEREFORE, it is agreed the County and City will share project responsibilities and jointly
participate in the project costs associated with the construction of left turn lanes at the
intersections of Village Trail and 31st Street in accordance with Dakota County’s adopted cost
share policy, subject to approval by the County Attorney’s Office as to form.
1. Administration. The City is the lead agency for the construction and construction
administration of DCP 47-06 (CP 21- XX). Subject to the requirements below, the County
and the City shall each retain final decision-making authority within their respective
jurisdictions.
2. Cost Share. After application of all applicable cost sharing provisions of this Agreement
and Dakota County 2040 Transportation Plan cost sharing polices F.1 through F.19 the
County will participate in the Project as defined below.
Dakota County Project 47-06 (CP 21-XX) is the construction of left turn lanes at the
intersections of Village Trail and 31st Street along CSAH 47 (Vermillion Road). See
Attachment A. The County will provide funding for the project in accordance with the
adopted cost participation policy F.1 Roadway – Replacement and Modernization, 2 to 3
lane. The County will participate up to 85 percent of the engineering, right-of-way and
construction costs for the left-turn lanes required by the County. County cost sharing
provision of this Agreement are in accordance with County Policies for new or
reconstruction involving excavation and other new or reconstructed infrastructure
contained in F.1 through F.19 of the current adopted Dakota County Transportation Plan.
The estimated County cost is $118, 549.24 (Attachment B).
3. Non-Project Costs. It is understood that for efficiency and cost effectiveness, the City may
request elements exceeding the City’s Municipal State Aid collector/local street standards
such as City utilities not required as part of the highway project and aesthetic
improvements, be included in the Project. The City shall be responsible for 100% of the
costs of City utilities not required due to construction, and 100% of all aesthetic elements
that exceed the County maximum participation for aesthetic elements in accordance with
County policies included in the current adopted Dakota County Transportation Plan.
VIII-05
Dakota County Contract #C0034564 October 12, 2021
Page | 4
4. Municipal Construction Items. The costs for the design and reconstruction of
improvements to any street under City jurisdiction, outside of the scope and construction
limits for the Project, and any access or access improvements to local developments that
are planned but not required by the Project, shall be the responsibility of the City.
5. Construction Items. Cost sharing includes all highway and roadway construction items,
including removals; mobilization and traffic control, temporary widening or other measures
if required as part of traffic control or project staging; mitigation as required by state and
federal permits including accessibility requirements; replacement or restoration of fences,
landscaping and driveways when affected by construction; replacement or adjustment of
sanitary sewer, water and storm sewer systems, if required due to construction; wetland
mitigation and banking; and all other construction aspects outlined in the plan except for
elements as called out under this Agreement or County policies included in the current
adopted Dakota County Transportation.
6. Aesthetic Elements. The county will not participate in Aesthetic elements for the Project
including decorative pavements, trail lighting, undergrounding of private utilities,
landscaping and plantings. The responsibility for maintenance of all aesthetic elements
shall be in accordance with County policies included in the current adopted Dakota County
Transportation Plan.
7. Miscellaneous Elements. General maintenance will be handled in accordance with County
policies included in the current adopted Dakota County Transportation Plan.
8. Right-of-Way. Dakota County includes the right-of-way determined by preliminary design
for the projects of the existing highway right-of-way. Acquisition of additional right of way
is not required for this project.
9. Plans, Specifications and Award of Contract. The lead agency will prepare or cause the
preparation of plans and specifications consistent with County and City design standards,
State-Aid design standards and MnDOT standards and specifications. Concurrence with
the plans and specifications is required prior to advertising for bids. The lead agency shall
submit a copy of the bid and County’s cost share prior to award for concurrence by the
County. The contract construction shall be performed in accordance with approved plans.
VIII-05
Dakota County Contract #C0034564 October 12, 2021
Page | 5
10. Construction Standards. All construction, including traffic control, shall be accomplished
in accordance with applicable State Aid, County and City standards, specifications, and
policies to the satisfaction of the County and City. The County and City reserves the right
to inspect construction materials and methods as needed.
11. Project Cost Updates. The lead agency must provide updated cost estimates showing the
County’s shares of Project costs at the following times:
• prior to advertising a construction contract;
• after bid opening (prior to contract award);
• during construction if total contract changes exceed $25,000;
Project cost estimate updates include actual and estimated costs for construction.
The Parties acknowledge that Project cost estimates are subject to numerous variables
causing the estimates to be subject to change and the updates are provided for
informational purposes in good faith. Each agency is responsible for informing their
respective council or board regarding Project costs estimates.
12. 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 upon receipt or within a maximum of 35 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 outstanding amount will be made following
good faith negotiation and documentation of actual costs incurred in carrying out the work.
The County’s share of $118,549.24 was transferred from the safety and management set-
aside to CP 47-06 in 2021.
13. Change Orders and Supplemental Agreements. Any change orders or supplemental
agreements that affect any of the Projects’ cost participation must be approved by the
authorized representative of each party prior to execution of work, the City’s appointed
representative is Nick Eggers is Public Works Director, and the County’s appointed
representative is Erin Laberee, Assistant County Engineer, or their successors. Both
Parties shall endeavor to provide timely approval of change orders and supplemental
agreements so as not to delay construction operations.
VIII-05
Dakota County Contract #C0034564 October 12, 2021
Page | 6
14. Amendments. Any amendments to this Agreement will be effective only after approval by
each governing body and execution of a written amendment document by duly authorized
officials of each body.
15. Effective Dates for Design and Construction of Project. This Agreement will be effective
upon execution by duly authorized officials of each governing body and shall continue in
effect until all work to be carried out in accordance with this Agreement has been
completed. Absent an amendment, however, in no event will this Agreement continue in
effect after January 1, 2023.
16. Final Acceptance. Final acceptance of the Projects must be approved by both parties.
17. Pavement Maintenance. Upon acceptance of the Projects, the City shall be responsible
for all pavement maintenance within City right-of-way and the County shall be responsible
for all pavement maintenance within County right-of-way unless necessitated by a failure
of a municipal utility system or installation of new facilities.
18. Indemnification. Each Party agrees to defend, indemnify, and hold harmless the other
Parties against any and all claims, liability, loss, damage, or expense arising under the
provisions of this Agreement and caused by or resulting from negligent acts or omissions
of the indemnifying Party and/or those of its employees or agents. All Parties to this
Agreement recognize that liability for any claims arising under this Agreement are subject
to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes,
Chapter 466. In the event of any claims or actions filed against either Party, nothing in this
Agreement shall be construed to allow a claimant to obtain separate judgments or
separate liability caps from the individual Parties. Each Party shall include the other Party
as additional insured in the contract documents.
19. Employees of Parties. Any and all persons engaged in the work to be performed by the
County shall not be considered employees of the City, for any purpose, including Worker’s
Compensation, and any and all claims that may or might arise out of said employment
context on behalf of said employees while so engaged. Any and all claims made by any
third party as a consequence of any act or omission on the part of said employees while
so engaged on any of the work contemplated herein shall not be the obligation or
responsibility of the City.
VIII-05
Dakota County Contract #C0034564 October 12, 2021
Page | 7
Any and all persons engaged in the work to be performed by the City shall not be
considered employees of the County for any purpose, including Worker’s Compensation,
and any and all claims that may or might arise out of said employment context on behalf
of said employee while so engaged. Any and all claims made by any third party as a
consequence of any act or omissions of the part of the City’s employees while so engaged
on any of the work contemplated herein shall not be the obligation or responsibility of the
County.
Nothing contained in this Agreement is intended or should be construed as creating or
establishing the relationship of partners or joint ventures between the County and City,
nor shall the County be considered or deemed an agent, representative, or employee of
City and City shall not be deemed an agent, representative, or employee of the County.
20. Audits. Pursuant to Minnesota Statutes Section 16C.05, Subd. 5, any books, records,
documents, and accounting procedures and practices of the County and the City relevant
to this Agreement are subject to examination by the County or the City and either the
Legislative Auditor or the State Auditor as appropriate. The County and the City agree to
maintain these records for a period of six years from the date of performance of all services
covered under this Agreement. Dakota County will be financially responsible for the cost
of the audit.
21. Integration and Continuing Effect. The entire and integrated agreement of the Parties
contained in this Agreement shall supersede all prior negotiations, representations or
agreements between the City and the County regarding the Projects; whether written or
oral. All agreements for future maintenance or cost responsibilities shall survive and
continue in full force and effect after completion of the construction provided for in this
Agreement together with each party’s indemnification obligations.
22. Authorized Representatives. The authorized representatives for the purpose of the
administration of this Agreement are:
COUNTY OF DAKOTA Mark Krebsbach, Dakota County Engineer (or successor)
14955 Galaxie Ave. Apple Valley, MN 55124 Office: (952) 891-7102 Mark.Krebsbach@co.dakota.mn.us
CITY OF HASTINGS Nick Eggers, Public Works Director (or successor)
101 4th Street Hastings, MN 55033 Office: 651- 480-6185 nickegger@hastingsmn.gov
VIII-05
Dakota County Contract #C0034564 October 12, 2021
Page | 8
The Authorized Representative shall obtain authorization to implement or administer any
provision of this Agreement from his or her respective governing body as required by the
governing body’s policies and procedures. The parties shall promptly provide notice to
each other when an Authorized Representative’s successor is appointed. The Authorized
Representative’s successor shall thereafter be the Authorized Representative for
purposes of this Agreement.
All notices or communications required or permitted by this Agreement shall either be 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 completed two business days after the date of mailing.
[SIGNATURE PAGE TO FOLLOW]
VIII-05
Dakota County Contract #C0034564 October 12, 2021
Page | 9
IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly
authorized officials.
CITY OF HASTINGS RECOMMENDED FOR APPROVAL:
By Nick Eggers Mary Fasbender Its: Public Works Director Its: Mayor APPROVED AS TO FORM: (SEAL) By Its: City Attorney Its: City Clerk Date
VIII-05
Dakota County Contract #C0034564 October 12, 2021
Page | 10
DAKOTA COUNTY RECOMMENDED FOR APPROVAL:
__________________________ By
Mark Krebsbach Steven C. Mielke Its: County Engineer Its: Physical Development Director Date
APPROVED AS TO FORM:
Assistant County Attorney
Date
KS-
COUNTY BOARD RESOLUTION
No. 21-331 Date: June 22, 2021
VIII-05
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F:\DESIGN TREE ENGINEERING\PROJECTS\000 - MISC 20\00020016 - HASTING SENIOR LIVING\CONSTRUCTS\CIVIL\00020016-C-BASE-PROPOSED-COUNTY ROAD IMPROVEMENTS.DWG #### 3/3/2021
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Attachment A
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5
ITEM ITEM DESCRIPTION UNIT ESTIMATED
QUANTIIES UNIT PRICE TOTAL PRICE
2104.505 REMOVE BITUMINOUS PAVEMENT SY 25 $6.00 $150.00
2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)LF 327 $3.00 $981.002105.507 COMMON EXCAVATION/BORROW CY 347 $20.00 $6,940.00
2211.503 AGGREGATE BASE (CV) CLASS 5 CY 70 $35.00 $2,450.00
2355.506 BITUMINOUS SEAL COAT SY 2388 $2.00 $4,775.40
2360.501 TYPE SP 12.5 WEARING COURSE MIX (3,C)TON 50 $90.00 $4,500.00
2360.502 TYPE SP 12.5 NON WEARING COURSE MIX (3,B)TON 25 $90.00 $2,250.00
2503.503 24" RC PIPE SEWER LF 50 $80.00 $4,000.00
2501.502 24" RC PIPE FLARED END W/SAFETY APRON EA 1 $1,000.00 $1,000.002503.602 CONNECT TO EXISTING STORM EA 1 $1,000.00 $1,000.00
STRIPING & SIGNAGE LS 1 $3,750.00 $3,750.002575.501 TURF ESTABLISHMENT LS 1 $4,750.00 $4,750.00
2575.601 EROSION CONTROL LS 1 $3,000.00 $3,000.00
SUBTOTAL $39,546.40CONTINGENCY (10%)$3,954.64
TOTAL $43,501.04COUNTY (85%)$36,975.88
REMAINING 15%$6,525.16
2104.505 REMOVE BITUMINOUS PAVEMENT SY 25 $6.00 $150.002104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)LF 535 $3.00 $1,605.00
2105.507 COMMON EXCAVATION/BORROW CY 1393 $20.00 $27,860.002211.503 AGGREGATE BASE (CV) CLASS 5 CY 239 $35.00 $8,365.00
2355.506 BITUMINOUS SEAL COAT SY 2830 $2.00 $5,660.002360.501 TYPE SP 12.5 WEARING COURSE MIX (3,C)TON 201 $90.00 $18,090.00
2360.502 TYPE SP 12.5 NON WEARING COURSE MIX (3,B)TON 100 $90.00 $9,000.00STRIPING & SIGNAGE LS 1 $3,750.00 $3,750.00
2575.501 TURF ESTABLISHMENT LS 1 $4,750.00 $4,750.00
2575.601 EROSION CONTROL LS 1 $3,000.00 $3,000.00
SUBTOTAL $82,230.00
CONTINGENCY (10%)$8,223.00DEVELOPER TOTAL $90,453.00
2104.505 REMOVE BITUMINOUS PAVEMENT SY 25 $6.00 $150.00
2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)LF 387 $3.00 $1,161.00
2105.507 COMMON EXCAVATION/BORROW CY 556 $20.00 $11,120.00
2211.503 AGGREGATE BASE (CV) CLASS 5 CY 105 $35.00 $3,675.00
2355.506 BITUMINOUS SEAL COAT SY 2065 $2.00 $4,130.002360.501 TYPE SP 12.5 WEARING COURSE MIX (3,C)TON 80 $90.00 $7,200.00
2360.502 TYPE SP 12.5 NON WEARING COURSE MIX (3,B)TON 40 $90.00 $3,600.00STRIPING & SIGNAGE LS 1 $3,750.00 $3,750.00
2575.501 TURF ESTABLISHMENT LS 1 $4,750.00 $4,750.00
2575.601 EROSION CONTROL LS 1 $3,000.00 $3,000.00SUBTOTAL$42,536.00
CONTINGENCY (10%)$4,253.60DEVELOPER TOTAL $46,789.60
2104.505 REMOVE BITUMINOUS PAVEMENT SY 30 $6.00 $180.00
2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)LF 630 $3.00 $1,890.002105.507 COMMON EXCAVATION/BORROW CY 863 $20.00 $17,260.00
2211.503 AGGREGATE BASE (CV) CLASS 5 CY 256 $35.00 $8,960.00
2355.506 BITUMINOUS SEAL COAT SY 5013 $2.00 $10,026.00
2360.501 TYPE SP 12.5 WEARING COURSE MIX (3,C)TON 124 $90.00 $11,160.00
2360.502 TYPE SP 12.5 NON WEARING COURSE MIX (3,B)TON 62 $90.00 $5,580.00
STRIPING & SIGNAGE LS 1 $4,000.00 $4,000.00
2575.501 TURF ESTABLISHMENT LS 1 $5,000.00 $5,000.00
2575.601 EROSION CONTROL LS 1 $3,000.00 $3,000.00SUBTOTAL$67,056.00
CONTINGENCY (10%)$6,705.60TOTAL$73,761.60
COUNTY (85%)$62,697.36REMAINING 15%$11,064.24
SUBTOTAL $231,368.40
CONTINGENCY TOTAL $23,136.84
PROJECT TOTAL $254,505.24
DEVELOPMENT TOTAL $137,242.60
COUNTY TOTAL $99,673.24
REMAINING 15%$17,589.40
ADD2021.501 MOBILIZATION LS 1 $24,000.00 $24,000.00
2563.601 TRAFFIC CONTROL LS 1 $20,000.00 $20,000.00SUBTOTAL$44,000.00
CONTINGENCY (10%)$4,400.00TOTAL$48,400.00
DEVELOPER (54%)$26,136.00COUNTY (39%)$18,876.00
REMAINING (7%)$3,388.00
TOTAL $48,400.00
PROJECT TOTAL $302,905.24
DEVELOPMENT TOTAL $163,378.60
COUNTY TOTAL $118,549.24
REMAINING 15% (CITY/DEVELOPER)$20,977.40
TOTAL $302,905.24
HASTINGS SENIOR LIVING
3/3/2021
COUNTY ROAD 47
COST SHARE
Dakota County Contract C0034564 Attachment B
VIII-05