HomeMy WebLinkAboutVIII-12 Approve Joint Powers Agreement for 15th Street and Bailey Street TSS Reduction Project City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Caven
Date: February 24, 2025
Item: Authorize Joint Powers Agreement for the 15th and Bailey TSS Reduction Project between the
Vermillion River Watershed Joint Powers Organization and the City of Hastings
Council Action Requested:
The council is requested to authorize the Joint Powers Agreement between the Vermillion River
Watershed Joint Powers Organization and the City of Hastings for the Total Suspended Solids (TSS)
Reduction Project off 15th St and Bailey St.
Background Information:
The Minnesota Board of Water and Soil Resources (BWSR) has awarded the Vermillion River Watershed
Joint Powers Organization (VRWJPO) a Watershed Based Implementation Grant to retrofit urban
stormwater best management practices, focusing on total suspended solids (TSS) removal. The grant
aims to reduce large particulates from entering the Vermillion River, improving water quality and meeting
our Total Maximum Daily Load (TMDL) goals. Cities within the watershed were encouraged to
collaborate with VRWJPO and apply for funding through a competitive process. The City of Hastings has
been awarded funding to realign the stormwater discharge east of 15th St and Bailey St to improve
stormwater quality. TSS removal is expected up to 6,400 lbs/yr or remove up to 67% of its current
loading.
The project is in alignment with the goals set forth in the City’s Stormwater Pollution Prevention Plan by
reducing pollutants that drain into our lakes, rivers, and ponds.
Financial Impact:
City staff will begin working with a consultant in 2025 to develop the project design, with construction
anticipated in 2026. Grant funds are available through December 31, 2027, and can be used for both
design and construction expenses related to water quality improvements.
The estimated project cost is $325,000. The collaborative cost share contributions are as follows:
BWSR: $197,055
VRWJPO: $120,445
Dakota County: $5,000
City of Hastings: $2,500
Attachments:
Project Map
JPA Agreement
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JOINT POWERS AGREEMENT FOR THE 15TH AND BAILEY TSS REDUCTION PROJECT BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION, THE CITY OF HASTINGS, AND DAKOTA COUNTY WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and
WHEREAS, the Vermillion River Watershed Joint Powers Organization is a watershed management body consisting of Dakota and Scott Counties (VRWJPO) governed by the Vermillion River Watershed Joint Powers Board (VRWJPB) and is charged with carrying out the duties set forth in Minn. Stat. § 103B.211 to 103B.255 and as otherwise provided by law; and WHEREAS, the City of Hastings (City) is a governmental and political subdivision of the State of
Minnesota; and WHEREAS, Dakota County (County) is a governmental and political subdivision of the State of Minnesota, and
WHEREAS, the intersection of 15th Street East and Bailey Street in Hastings is located adjacent to the Vermillion River; and
WHEREAS, the Vermillion River is identified on the Environmental Protection Agency’s (EPA) Clean Water Act Section 303(d) Impaired Waters List for total suspended solids (TSS); and
WHEREAS, stormwater outfalls contribute sediment loading to the Vermillion River; and WHEREAS, a stormwater outfall near 15th Street East and Bailey Street and located on City owned
property with a Dakota County PID No. 19-03700-02-010 was identified as a high sediment loading source to this section of the Vermillion River; and
WHEREAS, restoration strategies were identified in the Watershed Restoration And Protection Strategies (WRAPS) report to identify and implement sediment reduction Best Management Practices (BMP) on public lands in the Vermillion River; and WHEREAS, reducing the sediment load in the Vermillion River through stormwater treatment
before being discharged to Vermillion River (Project) will address the TSS impairment affecting the Vermillion River; and
WHEREAS, the estimated Project cost is $325,000 (Project Cost); and
WHEREAS, the VRWJPO was awarded a $197,055 Watershed Based Implementation Funding
Grant (Grant) from the Minnesota Board of Water and Soil Resources (BWSR) in accordance with the BWSR Grant Agreement, attached and incorporated herein as Exhibit A; and
WHEREAS, the Grant has a minimum match requirement equal to 10% of the amount of Grant
monies awarded, either in the form of cash or in-kind services; and WHEREAS, the VRWJPO, City, and County have included cash matches collectively totaling at least 10% of the Grant Amount (defined in Section 7.2 herein) in their Capital Improvement Plans for the
Project to be applied towards the Project Cost after the City’s application of the Grant Amount and will jointly participate in the design, construction, and related activities for the Project to the extent specified herein;
and WHEREAS, the VRWJPO, the City, and County will follow all applicable BWSR Grant policies and requirements relevant to each party’s participation in the Project.
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NOW, THEREFORE, in consideration of the mutual promises and benefits that the City, County, and VRWJPO shall derive from this Agreement, the VRWJPO, City, and County hereby enter into this Agreement for the purposes stated herein. ARTICLE 1 PURPOSE This Agreement defines the Project responsibilities and Project cost-sharing obligations of the VRWJPO, City, and County.
ARTICLE 2 PARTIES The parties to this Agreement are the VRWJPO, City, and County.
ARTICLE 3 TERM
This Agreement is effective upon the date of the signatures of the parties to this Agreement and shall remain in effect until December 31, 2027, or until completion by the parties of their respective obligations under
this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement.
ARTICLE 4 COOPERATION
The VRWJPO, City, and County agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of
any dispute in an equitable and timely manner. ARTICLE 5 TECHNICAL AND QUALITY ASSURANCE The VRWJPO, City, and County will provide technical and quality assurance for the Project. Any engineer providing technical or quality assurance for the Project must be a licensed Professional Engineer in the State of Minnesota. The Project will be designed using appropriate practice standards for design,
construction, operation, and maintenance. Appropriate practice standards from the United States Department of Agriculture’s Natural Resources Conservation Service Field Office Technical Guide,
Minnesota Stormwater Manual, or other scientifically appropriate and applicable standards can be used. Vegetative practices must follow the BWSR Board adopted Native Vegetation Establishment and
Enhancement Guidelines. The engineer(s) providing technical and quality assurance will certify that the Project was installed or constructed consistent with the applicable plans and specifications, including approved modifications, prior to authorization for payment by the VRWJPO or County. An as-built plan set will be provided to the VRWJPO by the engineer(s) immediately following Project completion as part of the required Project certification.
ARTICLE 6 PROJECT PLANS AND SPECIFICATIONS
The City is the lead agency for design and construction administration of the Project, effective upon execution of this Agreement by all parties. The VRWJPO, City, and County shall approve the plans and specifications (Project Plans) prior to the City advertising for bids.
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ARTICLE 7 PAYMENT
7.1 The City will administer the contract(s) for the Project and act as the paying agent for all payments to the contractor(s). 7.2 The Grant will reimburse project-related activities up to $197,055 (Grant Amount) related to the engineering, permitting, bidding and construction of the Project.
7.3 The parties shall make the following contributions toward the Project Cost in accordance with the following payment schedule and Section 7.9 in consideration of the benefit provided by restoration activities on the Project in accordance with the Project Plans. The City will administer the contract(s) for the Project and act as the paying agent for all payments to the contractor(s). 7.3.1 The County, by and through its Environmental Resources Department, shall contribute $5,000 toward the Project Cost.
7.3.2 The City shall contribute $2,500 toward the Project Cost.
7.3.3 The VRWJPO shall contribute $120,445 toward the Project Cost and will pass through Grant Amount as reimbursement for eligible project-related activity expenses.
7.4 The City’s maximum eligible reimbursement is up to $322,500 when accounting for the Grant Amount, VRWJPO cash contribution, and County cash contribution. 7.5 No payment by the parties shall be made prior to approval of the Project Plans by the VRWJPO, City, and County.
7.6 Under the terms of the Grant, the VRWJPO will receive the Grant Amount in the following
disbursements: (a) 50% after execution of the Grant; (b) 40% after the first 50% has been expended and Grant reporting requirements are met; and (c) 10% after final Grant requirements are met. The VRWJPO will make progress payments to the City, if requested, on a reimbursement basis, contingent upon the VRWJPO’s receipt of adequate Grant disbursements to make City requested payments. Ten percent (10%)
of the Agreement maximum shall be withheld until the VRWJPO has verified that the Project has been installed according to this Agreement and the Project Plans. All requests for payment shall be supported
by itemized Project receipts and invoices determined by the VRWJPO to be practical and reasonable for completion of the Project.
7.7 The VRWJPO and County may refuse to pay claims not specifically authorized by this Agreement. Payment of a claim shall not preclude the VRWJPO and/or the County from questioning the propriety of the claim. The VRWJPO and County reserve the right to be repaid for any overpayment or disallowed claim.
7.8 Subject to Sections 7,9, 7.10 and Article 12, the VRWJPO and County shall pay the City their share of the Project Cost upon receipt of the Project certification pursuant to Article 5 up to the maximum amounts
identified in Sections 7.3.1 and 7.3.3. The City shall invoice the County and VRWJPO for their share of Project Cost once the Project certification is provided to the parties. The VRWJPO and County shall make
payment to the City within thirty-five (35) days of receipt of an invoice from the City provided the invoice shall be supported by itemized Project receipts and invoices from the City’s contractor(s).
7.9 The VRWJPO and County may refuse to pay/reimburse an invoice for services or fees not specifically authorized by this Agreement. Payment of an invoice shall not preclude the VRWJPO and County from questioning the propriety of the claimed services or fees. The VRWJPO and County reserve the right to be repaid for any overpayment or disallowed claimed services or fees.
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7.10 All services provided by the VRWJPO under the BWSR Grant Agreement (Exhibit A) or through this Agreement, and services provided by the City and the County to the VRWJPO through this Agreement must be performed to the State’s satisfaction pursuant to Exhibit A and the BWSR approved work plan.
ARTICLE 8 CITY OBLIGATIONS 8.1 AUTHORIZED PURPOSE. The funds, including the Grant Amount, provided under the terms of
this Agreement may only be used by the City for the payment of costs directly related to the Project.
8.2 CONSTRUCTION REQUIREMENTS. The Project shall be constructed according to the Project Plans. The VRWJPO, City, and County shall approve any modifications to the Project Plans.
8.3 CONSTRUCTION AND DESIGN FAILURES. Any failure related to construction or design of the
Project shall be addressed in the City’s contracts with the construction firm or professional services firm.
8.4 RIGHT-OF-ENTRY. The City hereby permits the VRWJPO and County, its employees, duly authorized representatives and agents to enter upon and have rights of ingress and egress over and access at reasonable times to the real property where the Project will be located to inspect the construction of the Project. Notwithstanding the right to inspect, neither the VRWJPO nor County is obligated hereunder to
inspect the work performed on the Project. 8.5 OPERATION AND MAINTENANCE. The City shall be responsible for on-going maintenance of the Project or will request shared responsibility with the VRWJPO for on-going maintenance of the Project
upon completion for a minimum of 25 years unless a failure occurs from an Act of God or Force Majeure occurs such that it is cost prohibitive to repair or maintain. For the purposes of this Agreement, a Force
Majeure event shall include, but is not limited to, abnormal weather conditions, floods, earthquakes, fire, epidemics, war, riots, and other civil disturbances, strikes, lockouts, work slowdowns, and other labor
disturbances, sabotage, judicial restraint, and inability to procure permits, licenses, or authorizations from any local, state, or federal agency as may be required. If such circumstances occur, the City shall provide
written notice to the VRWJPO describing the circumstances preventing continued performance. 8.6 COMPLIANCE WITH LAWS/STANDARDS. The City shall abide by all federal, state, or local laws, statutes, ordinances, rules, and regulations in constructing the Project, including obtaining all necessary
permits to construct the Project. 8.7 PUBLICITY. The City hereby permits the VRWJPO and County to take and disclose photographs of the Project for use in publications or promotional material or on their websites to highlight the VRWJPO’s
programs. The City, County, and VRWJPO shall appropriately acknowledge the funding provided by the VRWJPO, County, City, the State of Minnesota, and the Clean Water, Land, and Legacy Amendment in any promotional materials, signage, reports, publications, notices, and presentations related to the Project. This section shall survive the expiration or termination of this Agreement.
ARTICLE 9 INDEMNIFICATION 9.1 INDEMNIFICATION & HOLD HARMLESS. Each party to this Agreement shall fully defend, indemnify and hold harmless the VRWJPO, the County, and City, their officers, employees, and agents from and against all claims, damages, losses, liability, suits, judgments, costs and expenses, including attorneys’ fees, caused by or resulting from negligent acts or omissions of its officers, employees or agents and the results
thereof to the extent authorized by law and shall not be responsible for the acts of the other parties, or officers, employees or agents or the other parties. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the VRWJPO, City, and the County. Each party warrants that it can comply with the aforementioned indemnity requirements through an insurance or self- insurance program and that each has minimum coverage consistent with liability limits contained in Minn. Stat. Ch. 466. In the event of any claims or actions filed against any party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual
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parties or as a waiver of any available immunities or defenses. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or agent of any Party for any act or omission
for which the officer, employee, or agent is guilty of malfeasance or willful neglect of duty. This section shall survive the expiration or termination of this Agreement. 9.2 LIABILITY. To the full extent permitted by law, actions by the Parties pursuant to this Agreement are intended to be and shall be construed as a “cooperative activity” and it is the intent of the Parties that they shall be deemed a “single governmental unit” for the purpose of liability, as set forth in Minnesota
Statutes, Section 471.59, subd. 1a(a); provided further that for purposes of that statute, each Party to this Agreement expressly declines responsibility for the acts or omissions of another Party. The Parties hereby expressly decline responsibility and are not liable for the acts or omissions of another participating Party to this Agreement, except to the extent to which the Parties have agreed in writing to be responsible for any
such act or omission.
ARTICLE 10 AUTHORIZED REPRESENTATIVES AND LIAISONS 10.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the authorized representatives of the parties for this Agreement. These persons have authority to bind the party they
represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be
provided pursuant to this Agreement shall be made to the following named persons and addresses unless otherwise stated in this Agreement, or an amendment of this Agreement:
TO THE VRWJPO:
TO THE CITY:
TO THE COUNTY:
Tom Wolf or successor, Chair Vermillion River Watershed Joint Powers Organization 14955 Galaxie Avenue
Apple Valley, MN 55124 Telephone: (952) 891-7030 twolf@co.scott.mn.us
Mary Fasbender or successor, Mayor City of Hastings
101 4th Street East Hastings, MN 55033
Telephone: (651) 480-2350 mayormary@hastingsmn.gov
Georg T. Fischer, Director
Physical Development Division 14955 Galaxie Avenue
Apple Valley, MN 55124 Telephone: (952) 891-7007 georg.fischer@co.dakota.mn.us
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In addition, regarding termination of this Agreement by the shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033.
10.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure
compliance and provide ongoing consultation, a liaison shall be designated by the VRWJPO, City, and the County. The VRWJPO, City, and the County shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: VRWJPO Liaison: Jeff Dunn, P.E
Water Resources Engineer Telephone: (952) 891-7140
Email: jeff.dunn@co.dakota.mn.us
City Liaison: John Caven, P.E. Assistant City Engineer
Telephone: (651) 480-2369 Email: JCaven@hastings.mn.gov
County Liaison Cole Johnson, P.E.
Water Resources Project Supervisor Telephone: (952) 891-7539 Email: cole.johnson@co.dakota.mn.us ARTICLE 11 MODIFICATIONS
Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid
when they have been reduced to writing, approved by the parties’ respective Boards, or as delegated by the parties’ respective Boards, and signed by the Authorized Representatives, or delegated authority, of the VRWJPO, City, and County. ARTICLE 12 TERMINATION
12.1 IN GENERAL. Any party may terminate this Agreement for cause by giving written notice of its
intent to terminate to the other parties. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any
supplemental agreements or amendments thereto. The non-performing parties shall have thirty (30) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable
to the other parties. This Agreement may also be terminated by the City or County in the event of a default by the VRWJPO. Notice of Termination shall be made by certified mail or personal delivery to the authorized
representative of the other parties. 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. 12.2 TERMINATION BY VRWJPO OR COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, either the VRWJPO or the County may immediately terminate
this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding sources, or if it’s funding cannot be continued at a level sufficient to allow payment of the amounts
due under this Agreement. Neither the VRWJPO nor the County is obligated to pay for any services that are provided after written notice of termination for lack of funding. The party terminating under this provision for lack of funding will pay for expenses incurred by the other parties hereto up to the date of the Notice of Termination for work on the Project.
12.3 REPAYMENT OF GRANT AMOUNT. If this Agreement is terminated pursuant to this Article 12,
the City shall repay the Grant Amount received as of the date of termination to the VRWJPO, who shall return the Grant Amount to the BWSR, and the County and VRWJPO shall reimburse the City for their pro-
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rata share (based on the parties contributions set forth in Sections 7.3.1 through 7.3.3) of the Project Cost incurred as of the date of termination. The City shall be responsible for the remaining amount of the Project Cost as of the date of the termination based on its pro-rata share as set forth in Section 7.3.1 through 7.3.3 of this Agreement.
ARTICLE 13 MINNESOTA LAW TO GOVERN This Agreement shall be governed by and construed under the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this
Agreement shall be venued in the County of Dakota, State of Minnesota. This section shall survive the expiration or termination of this Agreement. ARTICLE 14 MERGER
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.
ARTICLE 15 SEVERABILITY
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 that are void, invalid or otherwise unenforceable shall substantially
impair the value of the entire Agreement with respect to any party. ARTICLE 16 GOVERNMENT DATA PRACTICES The City, County, and the VRWJPO must comply with the Minnesota Government Data Practices Act, Minn.
Stat. Ch. 13, as it applies to all data provided, created, collected, received, stored, used, maintained, or disseminated under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the City, County, or the VRWJPO. ARTICLE 17 SURVIVABILITY
The provisions of articles 8.3 (Construction and Design Failures), 8.5 (Operation and Maintenance), 9 (Indemnification), 12 (Termination), and 16 (Government Data Practices) survive the expiration or termination of this Agreement. ARTICLE 18 DEFAULT: FORCE MAJEURE
No party shall be liable to the other parties for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party’s reasonable control, providing the defaulting party gives notice to the other parties as soon as possible. For the purposes of this Agreement, a Force Majeure event is defined in Section 8.5 above. ARTICLE 19 ASSIGNMENT The Parties may neither assign nor transfer any rights or obligations under this Agreement without the written permission of all Parties.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below.
CITY OF HASTINGS
By Mary Fasbender or successor, Mayor Date of Signature: By Kelly Murtaugh, Assistant City Administrator Date of Signature:
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VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION By Tom Wolf or successor, Chair
Date of Signature: DAKOTA COUNTY
By Georg T. Fischer, Director Physical Development Division Date of Signature:
Approved as to form:1
/s/ Brian J. Wisdorf 2/13/2025 Assistant Dakota County Attorney/Date KS-24-742 VRW Res. No. 24-50 KS-24-755 Dakota County Board Res. No. 25-064
1 Dakota County Attorney’s Office approved as to form for both Dakota County and the Vermillion River Watershed Joint Powers Organization
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