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HomeMy WebLinkAboutResolution 98-41RESOLUTION 98-41 IT IS RESOLVED that the City of Lake Elmo enter into Mn/DOT Agreement No. 77509 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of the State's share of the costs of the acquisition of landscape materials to be placed along Trunk Highway No. 5 from 350 feet west of Jamaca Avenue to 1400 feet west of Jamaca Avenue, under State Project No. 8214 -969A (T.H. 5 =045). IT IS FURTHER RESOLVED that the Mayor and the are authorized to execute the Agreement. (Title) State of Minnesota County of Washington I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Lake Elmo at an authorized meeting held on the day of , 1998, as shown by the minutes of the meeting in my possession. Notary Public My Commission Expires 'tom (Signature) (Type or Print Name) (Title) OFFICE OF STATE OF MINNESOTA ENVIRONMENTAL DEPARTMENT OF TRANSPORTATION SERVICES LANDSCAPE PARTNERSHIP AGREEMENT The State of Minnesota Department of Transportation, and The City of Lake Elmo Re: Mn /DOT cost landscape materials acquisition by the City for use along T.H. 5 Mn/DOT Accounting Information: Mn /DOT AGREEMENT NO. 77509 S.F. 8214 -969A (T.H. �`i =045) State Funds ORIGINAL AMOUNT ENCUMBERED 54.792.00 AMOUNT RECEIVABLE (None ) Vendor Number: Fiscal Year: Agency: T-79 Fund: Org/Sub: App,: Amount. Contract: Number/Date/Entry Initials Order: Number/Date /Signatures (Individual signing certifies that funds have been encumbered as required by Minn. S`tat. § 16A.15.1 Budget Office: (Authorized Signature) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as "Mn /DOT ", and the City of Lake Elmo, Minnesota, acting by and through its City Council., hereinafter referred to as the "City ". 1 0 77509 WHEREAS the City is about to perform landscaping along Trunk Highway No. 5 from 350 feet west of Jamaca Avenue to 1400 feet west of Jamaca Avenue within the corporate City limits in accordance with plans, specifications and /or special provisions designated as the "City of Lake Elmo Partnership Landscaping Plan ", which project has been designated by Mn /DOT as State Project No. 8214 -969A (T.H. 5=045)'; and WHEREAS the City has requested participation by Mn /DOT in the costs of landscape materials acquisition in accordance with the terms of Mn /DOT's "Community Roadside Landscaping Partnership Program "; and WHEREAS Mn /DOT is willing to participate in the costs of the landscape materials acquisition as hereinafter set forth; and WHEREAS Minnesota Statute Section 161.20, subdivision 2 (1996) authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - PROJECT ADMINISTRATION BY THE CITY Section A. Landscape Materials Agggisition The City shall acquire landscape materials in accordance with Mn /DOT- approved plans, specifications and /or special provisions designated as the "City of Lake Elmo Partnership Landscaping Plan" Landscaping shall be performed by City forces in accordance with Mn /DOT -- approved plans, specifications and /or special provisions which are on file in the City's office and in Mn /DOT's Office of Environmental Services in Oakdale, and are made a part hereof by reference with the same force and effect as though fully set forth herein. 2 77509 Section B. Purchase Order to be Furnished to Mn /DOT The City shall, within 7 days after ordering the landscape materials, submit to Mn /DOT's Landscape Programs Coordinator in Oakdale a copy of the purchase order for the landscape materials. Section C Direction Supervision and Inspection; Landscape materials acquisition performed in accordance with this Agreement shall be under the direction of the City; however, the Mn /DOT cost participation landscape materials to be acquired under this Agreement shall be open to inspection by Mn /DOT's authorized representatives. The City shall give Mn /DOT's Landscape Programs Coordinator five days notice of its intention to receive delivery of the landscape materials. Responsibility for the control of the Mn /DOT cost participation landscape materials acquisition covered under this Agreement shall be on the City and shall be carried out in accordance with Mn /DOT- approved plans, specifications and /or special provisions designated as the "City of Lake Elmo Partnership Landscaping Plan ". The City must verify whether or not nursery vendors are under a Gypsy Moth Compliance Agreement between the Minnesota Department of Agriculture, hereinafter referred to as the "MDA", and the United States Department of Agriculture or under an MDA Japanese Beetle Quarantine. All plant material shipped from nursery vendors subject to quarantines must be accompanied by a Current Certificate of Com li nce for gypsy moth and /or Japanese beetle. To determine if vendors are subject to quarantines, call the MDA Supervisor of Plant Regulatory Services at (612) 296 -8388. Section D. Completion of Materials Acgjaisition and Installation The City shall cause the acquisition and installation of landscape materials to be started and completed in accordance with the time schedule in the Community Roadside Landscaping Partnership Program 77509 Project Application, which is on file in Mn /DOT's Office of Environmental Services and is made a part hereof by reference with the same force and effect as though fully set forth herein. The completion date for the landscape materials acquisition and installation may be extended, by an exchange of letters between the appropriate City official and Mn /DOT's Landscape.Programs �i -' Coordinator, for unavoidable delays encountered in the performance thereof. Section Eo Compliance with Laws Ordinances and Regulations The City shall, in connection with the acquisition of the landscape materials, comply with all Federal, State and Local laws, including Minnesota Statute Section 16B.101 (1996), and all applicable ordinances and regulations. Section, F. Right -of -Way, Easements and Permits The City is hereby authorized to work on Mn /DOT right -of -way for the purposes of installing and maintaining the landscape materials, including any necessary replacement of landscape materials that fail to survive. The City shall, without cost or expense to Mn /DOT, obtain all rights -of -way, easements, construction permits and /or any other permits and sanctions that may be required in connection with the installation of landscape materials. Prior to advance payment by Mn /DOT, the City shall furnish Mn /DOT with certified copies of the documents for those rights -of -way and easements, and certified copies of those construction permits and /or other permits and sanctions required for Mn /DOT landscaping. ARTICLE 11--- MN DOT COST Section Basis Mn /DOT's full and complete share of the costs of the landscaping to be performed along Trunk Highway No. 5 from 350 feet west of Jamaca 77509 Avenue to 1400 feet west of Jamaca Avenue within the corporate City limits under State Project No. 8214 -969A (T.H. 5 =045) shall be equal to the delivered cost of the landscaping materials acquired in accordance with the "City of Lake Elmo Partnership Landscaping Plan ", however, the maximum obligation of Mn /DOT under this Agreement shall not exceed $12,000.00, unless the maximum obligation is increacsEd by execution of an amendment to this Agreement. it is estimated that the cost of the landscape materials acquisition is $4,792.00. Section B. Payment Mn /DOT shall pay to the City an amount equal to the delivered cost of the landscape materials, not to exceed the maximum obligation, after the following conditions have been met: 1. Encumbrance by Mn /DOT of Mn /DOT's total cost share. 2. Execution and approval of this Agreement and Mn /DOT's transmittal of same to the City. 3. Receipt by Mn /DOT's Landscape Programs Coordinator, from the City, of the following: a. Copies of the purchase orders for the landscape materials, as provided for in Article I, Section B. of this Agreement. b. Certified copies of the documents, as provided for in the second paragraph of Article I, Section F. of this Agreement. C. A written request for payment, accompanied by copies of supplier invoices for the landscape materials acquisition and delivery. k 77509 ARTICLE III - GENERAL PROVISIONS Section A. Installation and Maintenance by the City After acquisition of the landscape materials, the City shall install the landscape materials along Trunk Highway No. 5 and provide for the proper maintenance thereof, without cost or expense to Mn /DOT. Maintenance shall include, but not be limited to; removal and, -r'� replacement of all materials that fail to survive. Criteria for maintenance and replacement are shown and described in EXHIBIT "A ", Maintenance Responsibilities Plan and Schedule, which is attached hereto and made a part hereof by reference. Section B. Responsibilities of the City The City shall, in connection with the landscape materials acquisition, installation and maintenance, comply with the following conditions: 1. Use of Mn /DOT right -of -way shall in no way impair or interfere with the safety or convenience of the traveling public in its use of the highway. 2. Preserve and protect all utilities located on lands covered by this Agreement, without cost or expense to Mn /DOT. 3. As required by Minnesota Statute 21GD (1996), notify Gopher State One Call System (1- 800 -252 -1166) at least 48 hours before any excavation is done on this project. 4. No advertising signs or devices of any form or size shall be constructed or shall be permitted to be constructed or placed upon Mn /DOT right -of -way covered by this Agreement. 5. Upon completion of the installation of landscape materials and during performance of maintenance operations, restore all 6 77509 disturbed areas of Mn /DOT right -of -way so as to perpetuate satisfactory drainage, erosion control and aesthetics. Any use of Mn /DOT right -of -way permitted by this Agreement shall remain subordinate to the right of Mn /DOT to use.the property for highway and transportation purposes. This Agreement does not ��_rant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4(f) of the Federal -Aid Highway Act of 1968. Section C. Examination of Books Records Etc. As provided by Minnesota Statute Section 16B.06, subdivision 4 (1996), the books, records, documents, and accounting procedures and practices of Mn /DOT and the City relevant to this Agreement are subject to examination by Mn /DOT and the City, and either the legislative auditor or the State auditor as appropriate. Section D. Cancellation of .Agreement Mn /DOT may cancel and terminate this Agreement for any cause or reason, including Mn /DOT's desire to use any portion of Mn /DOT right -of -way subject to this Agreement for transportation purposes, by giving the City written notice at least 90 days prior to the date which such termination shall become effective. Upon cancellation of this Agreement, the City will be required to restore and return the area to a condition satisfactory to Mn /DOT's Metropolitan Division Engineer at Roseville. Section E. Claims All employees of the City and all other persons employed by the City or volunteering in the performance of landscape materials acquisition, installation and /or maintenance covered under this Agreement shall not be considered employees of Mn /DOT. All claims that arise under the Worker's Compensation Act of the State of 7 77509 Minnesota on behalf of the employees or volunteers while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees or volunteers while so engaged on landscape materials acquisition, installation and /or maintenance covered under this Agreement shall in no way be the obligation or responsibility of Mn /DOT. Section F. Nondiscrimination The provisions of Minnesota Statute Section 181.59 (1996) and of any applicable law relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. Section G. Agreement Approval Before this Agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. ARTICLE IV - AUTHORIZED AGENTS Mn /DOT's Authorized Agent for the purpose of the administration of this Agreement is Scott Bradley, Landscape Programs Coordinator, or his successor. His current address and telephone number are 3485 Hadley Avenue North, Oakdale, Minnesota 55128, (612) 779 -5076. The City's Authorized Agent for the purpose of the administration of this Agreement is Mary Kueffner, City Administrator, or her successor. Her current address and telephone number are 3800 Laverne Avenue North, Lake Elmo, Minnesota 55042, (612) 777 -5510. 9 77509 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. DEPARTMENT OF TRANSPORTATION Recommended for approval: By Director Office of Environmental Services By Approved: By Date Division Engineer State Design Engineer OFFICE OF THE ATTORNEY GENERAL Approved as to form and execution: CITY OF LAKE ELMO By Mayor Date BY GL Lv (Title and Da e) DEPARTMENT OF ADMINISTRATION M By Assistant Attorney General. Date 000000000000000000000000000000000000000 State of Minnesota County of Washington This Agreement was acknowledged before me this day of 19 9 8, by and (Name) the Mayor and (Name) (Title) of the City of Lake Elmo, and they executed this Agreement on behalf of the municipality intending to be bound thereby. Notary Public My Commission Expires 9 EXHIBIT" "A" Maintenance Responsibilities Plan and Schedule Table 1a. REO..t)IREn I ANnqC:APF MAINTFNANrF ArTR/1T1Pq MAINTENANCE CONSIDERATION PLANT PRUNING WEED FERTILIZATION GROUPS CONTROL See Table 5, DISEASE PROTECTION REPLACEMENTS When To Type Of CONTROL Fertilization Schedule Evergreen Trees Anytime - Dry Corrective and Maintain mulch at 3" Yes .. Remove all dead plants. Deadwood Removal minimum around trees in mowed areas, Remove diseased Yes Replace dead or dying Shade Trees Anytime - Dry* Training and keep weed free. Yes plants unless the visual appearance or design Corrective Evergreen Shrubs drought periods (especially during July Ornamental Trees Winter* * Corrective Yes Evergreen Shrubs Anytime - Dry Deadwood Removal Yes Deciduous Shrubs Dormant Corrective and Maintain minimum 3" Yes Renewal woodchip mulch in a Groundcovers No* weed free condition until shrub crown closure. Vines Dormant Deadwood Removal No it Groundcovers I I I I 11 * Do not prune oaks during April, May and June. Do not prune honeylocust while dormant or when humid or wet. * Do not prune apples, crabapples or mountain ash during April, May and June. TABLE 1h. RFni!lR1=n I AIUn.,:irApr rV1A1K.1TF}\fA1\1r'F IAr73 \IITICC MAINTENANCE CONSIDERATION PLANT GROUPS WATERING INSECT AND RODENT REMOVALS AND DISEASE PROTECTION REPLACEMENTS CONTROL Evergreen Trees Yes until established (2 yrs.). As needed. Yes - Pine Only Remove all dead plants. Shade Trees Remove diseased Yes Replace dead or dying Ornamental Trees Supplemental watering may be needed during plants which pose threats to adjacent Yes plants unless the visual appearance or design Evergreen Shrubs drought periods (especially during July plantings. intent are not noticeably —No* Deciduous Shrubs and August) even after plants are established. No' compromised by the lost plants. Dines No* Groundcovers No* Rodent protection is generally not practical for mass shrub plantings, maintaining clean mulched planting areas free of weed growth will reduce problems. Mowed turf in formal planting areas will help reduce rodent problems. Sheet 1 of 4 TABLE 2a. CALENDAR OF LANDSCAPE MAINTENANCE ACTIVITY January February March April May June Pruning See Table 1 a for Best Time for Specific Species. Weed Control: Planting beds must be kept in a weed free condition. OXX XXXX X0 Remulch Must be applied by a licensed Pesticide Applicator. Herbicide i I Fertilization: Turf XXXX Shrubs, Trees Insect & Disease Time of control depends on the type of insect or disease and when it is detected. Sunscald Protection Remove wrap i Watering During first and second growing seasons approximately once a week or as needed to maintain adequate but not excessive soil moisture. f Maintain Rodent 0000 0000 0000 0000 0000 0000 Protection Turf Maintenance Mowing COX XXXX Mower Damage Prevention X XXXX XXXX Replanting Evergreen Trees OXX XXO Deciduous Trees OXX XXXX Container Plants XXX XXXX XXXO Turf 0 XXXX XXOO X - Optimum Time 0 - Less than Optimum Time * Undiluted white latex paint is recommended, repaint as necessary until trees reach 4" caliper. Sheet 2 of 4 TARL.F 2h. CAI PmnAR nF I Af\lr)SC APP MA1N1TFNAMCP ACTIVITY July August September October November December Pruning See Table 1 a for Best Time for Specific Species. Weed Control: Planting beds must be kept in a weed free condition. XXXX XXXX XXXX XXXX 00 XO Remulch Must be applied by a licensed Pesticide Applicator. r Herbicide Fertilization: Turf XXXX Shrubs, Trees XXXX Insect & Disease Time of control depends on the type of insect or disease and when it is detected. Sunscald Protection Apply or maintain paint. Install wrap #. Watering During first and second growing seasons approximately once a week or as needed. Maintain Rodent Protection 0000 0000 XXXX XXXX X000 0000 Turf Maintenance Mowing XXXX XXXX XXXX XXOO Mower Damage Prevention XXXX XXXX XXXX XX00 Replanting Evergreen Trees OX XXXO Deciduous Trees OXXX X0 Container Plants 0000 OOOX XXXO Turf 0000 OOXX XXXX 00 X - Optimum Time 0 --Less than Optimum Time Undiluted white latex paint is recommended, repaint as necessary until trees reach 4" caliper. Sheet 3 of 4 TABLE 3. DESCRIPTIONS OF TYPES OF PRUNING TYPES OF PRUNING WHEN TO PRUNE DESCRIPTION Disease Removal After Diagnosis Removal of fungal bacterial growths. Sterilize pruners between Every 3 Years X CUM Deadwood Removal See Table 1 Removal of dead branches, normally from the interior portion of X Remulch* the crown. Training See Table 1 Maintaining the central leaders and acceptable symmetry in X X evergreen, shade and ornamental trees. Remov ?';of suckers and Weed Whip No water sprouts. Corrective See Table 1 Removal of storm- damaged, vehicle - damaged or vandalized limbs. Renewal See Table 1 Removing all top growth at or near the ground line and remulch. Or removal of 1/3 of the oldest stems at the ground line. TABLE 4. WEED CONTROL_METHODS - INTEGRATED APPROACH METHOD - - CATEGORY TREES ` SHRUBBEDS TURF Replanting - Filling Voids Every 3 Years X X Fertilization X X X Remulch* X X X Herbicides X X X Weed Whip No X Wood chip mulch should be replenished around shade trees and low growing shrubs every 3 -5 years. Place mulch to a 4" depth. Mulching will help control weeds, reduce mower damage and conserve moisture. TABLE 5. FERTILIZATION SCHEDULE CATEGORY FREQUENCY TIME OF APPLICATION ANALYSIS RATE Mowed Turf Every 3 Years April or October 12-12-12 300 lbs /acre Shrub Beds* Every 3 Years October or April 12 -12 -12 25 lbs /1000 sq. ft. Shade Trees Every 3 Years October or April 12-12-12 10 lbs /1000 sq. ft. Note: Do not fertilize trees and turf during the same season. Offset tree fertilization by one season in order to prevent fertilizer burn on turf. Plants that fix nitrogen, like silver buffaloberry, caragana, honeylocust, Russian olive or other legumes, should not be fertilized except under special conditions. Tall shrubs do not need to be fertilized if leaf color remains normal. Sheet 4 of 4