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HomeMy WebLinkAboutResolution 2012-16 Authorizing City Administrator and Mayor to Enter into Contract with MnDOT for Reimbursement of Landscape Materials to be Utilized Along Hwy 5CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2012-016 A RESOLUTION AUTHORIGING THE CITYADMINLSTRATOR AND MAYOR TO ENTER INTO CONTRACT NO. 01029 WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION FDR REIM13URSEMENT OF' LANDSCAPE MATERIALS TO BE UTILIZED ALONG STATE ILIGHWAY 5 WHEREAS, the City of Lake Elmo applied for and was approved to receive a grant through the Mr/DOT Roadside Landscape Partnership Program to landscape within the road right-oi-way of State Highway 5; NOW THEREFORE BE IT RESOLVED, that the City of Lake Elmo enter into Agreement No. 01029 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 landscape materials acquisition to be installed along and adjacent to Trunk Highway No. 5 from 100 feet west of Laverne Ave. N. to 300 feet East of 39" St, N. BE IT FURTHER RESOLVED, that the Mayor and the City Administrator are authorized to execute the Agreement and any amendments to the Agreement. ADOPTED BY the Lake Elmo City Council on the 17th day of April, 2012. (L Dean A..lohnston, Mayor ATTEST: Dean Y, Zuleger, CJ ' Administrator CERTIFICATION 1 hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Lake Elmo as a duly authorized greeting thereto held on the l7th day of April, 2012, as shown by the minutes of the meeting in my possession. Signed: (Signature) (Type or Print Name) (Title) Subscribed and sworn to before me this day of April, 2012. ; s Notary Public li, My Commission Expires( .1s - ✓r..ra.J. State Project Number (SP): Trunk Highway Number (TH) Mn/DOT Contract No: 01029 STATEAAAA And CITY OF LAKE O COOPERATIVE E LANDSCIAd ING AGREEMENT 8214-969G Original Amount Encumbered 5 [$18,200.00] This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of Lake Elmo acting through its City Council ("City"), Recitals 1, The City will perform landscaping along Trunk Highway No. 5 from 400' west of Laveme Ave. N. to 500' east of Lisbon Ave. N within the City Iimits according to plans, specifications and special provisions designated as the "Lake Elmo Landscaping Plan" and as State Project No. 8214-969G (T.K 5); and 2. The City requests the State participate in the acquisition costs of the landscape materials and the State is willing to participate in the acquisition costs of said landscaping materials according to the State's "Community Roadside Landscaping Partnership Program"; and I Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintammg' and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective date. This Agreement will. be effective the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled according to the Community Roadside Landscaping Partnership Program Project Application; on file in the State's Office of Environmental Stewardship and incorporated into this Agreement by reference. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement; including, without limitation, the following clauses: 2.2. Right -of -Way; Easements and Permits; 2.3. Maintenance; 6. Liability and Worker Compensation Claims. S. State Audits; 9. Government Data Practices; 10. Governing La"r, Jurisdiction; Venue; and 12. Force Majeure, 1.4. Plans, ,Specifications, Special Provisions. Plans; specifications and special provisions designated as the "Lake Elmo Landscaping Plan" and as State Project No. 8214-969G (T.H. 5) are on file in the office of the City and the State's office of Environmental Stewardship and are incorporated into this Agreement by reference. ("Landscape Plans") 1.5. Exhibits. Exhibit A is attached and incorporated into this Agreement. 2. Agreement between the Parties 2.1. Acquisition and lnctallation of Landscape Materials A. Acquisition and Installation. The City will acquire landscape materials and perforin landscaping according to the Landscape Plans. -1- Mn/DOT Contract No: 01029 B. Documents furnished by the City. Within 7 days of ordering the landscape materials, the City will submit a copy of the purchase orders to the State's Landscape Partnership Program Coordinator in St. Paul. C. Control and Inspection of Landscape Materials i. The landscape materials acquired under this Agreement will be under the control of the City; however the materials will be open to inspection by the State's authorized representatives. The Cita= will give the State's Landscape Partnership Program Coordinator five days notice of its intention to receive delivery of the landscape materials. ii. The City, must vcritT that the nursery vendor has a valid nursery certificate as required by the Minnesota Department of Agriculture ("MDA"). Nursery stock originating outside Minnesota must have been certified under all applicable MDA and United States Department of Agriculture ("USDA") quarantines. Certification documents issued by the appropriate regulatory official at origin must accompany all nursery stock shipments, including but not limited to, USDA quarantines for Gypsy Moth, Phytoplithora ramorum, Emerald Ash Borer and Black Stem Rust, MDA Japanese Beetle Quarantine nursery stock from Minnesota must be inspected and certified to be free of Harmful plant pests; but is not subject to MDA external Japanese Beetle Quarantine. D. Protecting and Locating Utilities The CityA411 preserve and protect all utilities located on lairds covered by this Agreement, without cost to the State. As required by Minnesota Statute 216D, the City will notify Gopher State One Call System (wwv,,.gopherstateonecall.org) (1-800-252-1166) at Ieast 48 hours before any excavation is done on this project. E. Restore Right -o f Way. Upon completion of the installation of landscape materials and after perfonning any ongoing maintenance operations, the City will restore all disturbed areas of State right-of-way so as to perpetuate satisfactory drainag�, erosion control and aesthetics. F. Completion of Acquisition and Installation. The City will cause the acquisition and installation of the landscape materials to be started and completed according to the time schedule in the Community Roadside Landscaping Partn.ersbip Program Project Application, The completion date for the acquisition and installation of the landscape materials may be extended, by an exchange of letters between the appropriate City official and the State's Landscape Partnership Program Coordinator, for unavoidable delays encountered in the performance of the acquisition and installation of the landscape materials. G. Compliance with Laws, ordinances, Regulations. The City will comply with all Federal, State and Local laws, and all applicable ordinances and regulations in connection with the acquisition and installation of the landscape materials. 2.2. Right-of-l%T,`ay, Easements and Permits A. The City is authorized to work on State right-of-way for the purposes of installing and maintaining the landscape materials, including any necessary replacement of landscape materials that fail. to survive. All suppliers, contractors or volunteers under the direction of the City, occupying the State's right -of - Way must be provided with and wear required reflective clothing. B. The City's use of State right-of-way will in no way impair or interfere with the safety or convenience of the traveling public in its use of the highway and any use of State right-of-way under this Agreement will remain subordinate to the right of t .c State to use the property for highway and transportation purposes. No advertising signs or devices of an), form or size will be constructed or be permitted to be constructed or placed upon. State right-of-way. This Agreement does not grant 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. C. The City will obtain all construction permits and any other permits and sanctions that may, be required in. connection with the installation of the landscape materials without cost to the State. Mn/DOT Contract No: 01029 2.3. Maintenance by the City. The City will provide for the maintenance of the landscaping without cost to the State. Maintenance includes, but is not limited to, weeding and pruning, and removal and 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. 3. State Cost and Payment by the State 3.1. Basis of Stale Cost, The State's complete share of the costs of the landscaping is the delivered cost of the landscaping materials acquired according to the Landscape Plans 3.2. Estimated State Cost and Maximum Obligation. The estimated cost of the landscape materials acquisition. is $18,200.00. The maximum obligation of the State under this Agreement will not exceed $20,000.00, unless the maximum obligation is increased by amendment to this Agreement. 3.3. Conditions ofPaynient. The State will pay the City the delivered cost of the landscape materials, not to exceed the maximum obligation, after the following conditions have been met: A. Encumbrance by the State of the State's total. cost share. B. Execution of this Agreement and transmittal to the City. C. Receipt by the State's Landscape Partnership Program Coordinator, from the City, of the following: i. Copies of the purchase orders for the landscape materials, as provided for in Section 2.1.B. of this Agreement. ii. Written request for payment, accompanied by copies of supplier invoices for the landscape materials acquisition and delivery. D. Receipt of a memo from the State's Landscape Partnership Program Coordinator -,verifying that the landscaping has been completed and recommending reimbursement. 4. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement an.d is authorized to give and receive any notice or demand required or permitted by this Agreement. 4.1.. The State's Authorized Representative will be: Name/Title: Todd. Carroll, Landscape Partnership Program Coordinator (or successor) Address: 395 John Ireland. Boulevard, Mailstop 686, St. Paul, MN 55155 Telephone: (651) 366-4617 Pax: (651) 366-4769 E -Mail: todd.carrollCstate.mn.us 4.2. The City's Authorized Representative will be: Name/Title: Nick Johnson/Interim City Planner (or successor) Address: 3800 Laverne Ave. North, Lake Elmo, MN 55042 Telephone: 651-233-5413 5. Assignment; Amendments; Waiver; Contract Coetmpiete 5.1. Assignment: Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties wbo executed and approved this Agreement, or their successors in office. 5.2. Amendments. Ana, amendment to this Agreement niust be in writing and will not be effective until it has been. executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. -3- Mn/DOT Contract No: 01029 5.3. NJuiver. If a. party fails to enforce any provision of this Agreement, that failure does not waive the provision Or- the party's right to subsequently enforce it. 5.4. Contract Complete This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral; may be used to bind either party. 6. Liability, Wormer Compensation .Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and Will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern. liability of the State. Minnesota Statutes Chapter 466 and other applicable laIA, govern liability of the City. 7. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. S. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 9. Government Data Practices The City and State must comply with the Minnesota Government Luta Practices Act, Minnesota. Statutes Chapter 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created. collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the City or the State. 10. Governing Law, Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Ventre for all legal proceedings arising out of this agreement; or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota, I L Termination; Suspension 11.1. Av Mutu al Agreement. This Agreement n ay be terminated by mutual agreement of the parties or by the State for insufficient funding as described below. 11.2. J'erminrttion for insufficient Funding The State map immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding; cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written. or fax notice to the City. The State isnot obligated to pay for any services that are provided after notice and effective date of termination. However, the City will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available . 11.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work activities, performance and payments authorized through this Agreement. Any work _performed during a period of suspension will be considered unauthorized work and will be undertaken at the risk of non-payment, 12. Force Majeure Neither party will be responsible to the other for a failure to perforin under this Agreement (or a delay in perforniance), if such failure or delay is due to a. force mai cure event. A force majeurc event is an event beyond a. -4- Mn/DOT Contract No.. 01029 party's reasonable control, including but not limited to, unusualiv severe weather, fire; floods other acts of God labor disputes; acts of war or terrorism; or public health emergencies. [The remain der of this page has been intentionally left blank] -5- STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minnesota Statutes § 16A.15 and 16C.05. Signed: Date WDOT" Contract No: 01029 Recommended for Approval: (Landscape Partnership Program Coordinator) BY SWIFT Purchase Order: (District Engineer) CITY OF LAKE ELM® Approved: The undersigned certify that they have lawfully By: executed this contract on behalf of the Governmental — Unit as required by applicable charter provisions, resolutions or ordinances. Date: (State Design Engineer) i e. tt \1 0 K COMMISSIONER OF AI.D18RNISTRATION Date By: 'fide Date . . .... ..... Date: (With delegated authority) INCLUDE COI's' OF RESOULUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION, ION, -6- EXHIBIT " A" Maintenance Responsibilities Plan and Schedule Table 1a. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES MAINTENANCE CONSIDERATION PLANT GROUPS Evergreen Trees PRUNING WEED CONTROL Maintain mulch at 3" minimum around trees in mowed areas, keep weed free. FERTILIZATION See Table S, Fertilization Schedule When To Anytime - Dry Type Of Corrective and Deadwood Removal Yes Shade Trees Anytime -Dry* Trainin and g Corrective Yes Ornamental Trees Winter"" Corrective Yes Evergreen Shrubs Anytime - Dry Deadwood Removal Yes Deciduous Shrubs ,fines Dormant Dormant Corrective and Renewal Deadwood Removal Maintain minimum 3" woodchip mulcts in a weed free condition until shrub crown closure, Yes No jroundcovers 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 1b. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES MAINTENANCE CONSIDERATION PLANT GROUPS WATERING INSECT AND DISEASE CONTROL RODENT PROTECTION REMOVALS AND REPLACEMENTS Remove all dead plants. Replace dead or dying plants unless the lost plants do not noticeably compromise the visual appearance or design intent. Evergreen Trees Yes until established (2 yrs.). Supplemental watering may be needed during drought periods (especially during July and August) even after plants are established. As needed. Remove diseased plants that pose threats to adjacent plantings. Yes - Pine Only Shade Trees Yes Ornamental Trees Yes Evergreen Shrubs No* Deciduous Shrubs No* Vines Ne* 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 iLE2a. CALENDAR OF I_AWMRr:APP hJUINI PKIA e -r - ACTIVITY January February March April May June Pruning See Table 1 a for Best Time for S ecific Species, Weed Control: must Planting beds mbe ke t in a weed free condition. 0XX XXXX XO Remulch --LL Herbicide Must be applied by a licensed Pesticide Applicator, Fertilization: Turf XXXX Shrubs, Trees Insect & Disease Time of control depends on the type of insect or disease and when it is detected. Sunscaid Protection Remove wra * Watering During first and second growing seasons approximately once a week or as needed to maintain ade uate but not excessive soil moisture. Maintain Rodent 0000 00000000 0000 0000 0000 Protection Turf Maintenance Mowing 0OX XXXX Mower Damage Prevention X XXXX XXXX Replanting Evergreen Trees OXX XXO Deciduous Trees OXX XXXX Container Plants XXX XXXX XXXO Turf O XXXX XXO0 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 3LE 2b. CALENDAR OF LANDSCAPE MAINTENANCE ACTIVITY Ju�__��Seterr�jberOr,�tober August 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 I XXXX I XXXX 1 00 XO Remulch Herbicide Must be applied by a licensed Pesticide Applicator. 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 Watering During first and second growing seasons approximately once a week or as needed. Maintain Rodent Protection 0000 0000 XXXX XXXX XOOO 0000 jrf Maintenance Mowing XXXX XXXX XXXX XXO© Mower Damage Prevention XXXX XXXX XXXX XXOO Replanting Evergreen Trees OX XXXO Deciduous Trees OXXX XO Container Plants 0000 DOOX XXXO Turf 0000 DOXX XXXX 00 X - Optimum Time O - Less than Optimum Time Undiluted white latex paint is recommended, repaint as necessary until trees reach 4" caliper. Sheet 1 of 4 BLE 3, DESCRIPTIONS OF TYPES OF PRUNING TYPES OF PRUNING I WHEN TO PRUNE I DESCRIPTION Disease Removal After Diagnosis Removal of fungal bacterial growths. Sterilize pruners between cuts. Deadwood Removal See Table 1 Removal of dead branches, normally from the interior portion of the crown. Training See Table 1 Maintaining the central leaders and acceptable symmetry in evergreen, shade and ornamental trees. Removal of suckers and wattLsp routs. Corrective ::S:�eeTable 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 113 of the oldest stems at the ground line. TABLE 4. WEED CONTROL METHODS - INTEGRATED APPROACH METHOD CATEGORY TREES SHRUB BEDS TURF Replanting - Filling Voids X X Fertilization X X X <emulch* 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 SCHF-r)i ii F= CATEGORY FREQUENCY TIME OF APPLICATION ANALYSIS RATE 1 lb (N /1000 sq. ft. Mowed Turf Shrub Beds' Every 3 YearsApril Every 3 Years or October October or April 23-0-30 23-0-30 23-0-30 1 lb (N)/1 00 .ft. Shade Trees* Every 3 Years October or April 5 lbs/1 Cu, Yd. of sail 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. Analysis will be allowed within the following ranges: N (16-24) — P (0) — K (20-30). Sheet 4 of 4