HomeMy WebLinkAbout2011-04-20 PACKET 04.J.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 4/20/11 tl
PREPARED BY Community Development Jennifer Levitt
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Consider approving the Mn /DOT Cooperative Landscaping Agreement for State Project
Number 8205 -969E for landscape improvements on TH 61 at 80th Street.
STAFF RECOMMENDATION
Approve the Mn /DOT Cooperative Landscaping Agreement.
BUDGET IMPLICATION $ $
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION
❑ PLANNING
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES /RIGHTS
❑ ECONOMIC DEV. AUTHORITY
SUPPORTING DOCUMENTS
DATE REVIEWED
APPROVED
DENIED
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❑ MEMO /LETTER: Memo from Jennifer Levitt dated 4/14/11
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
® OTHER: Agreement
ADMINISTRATORS COMMENTS
rr
1
ity Administrator Date
COUNCIL ACTION TAKEN: [ ❑ DENIED ❑ OTHER
CITY OF COTTAGE GROVE
MINNESOTA
To: Honorable Mayor and City Council
Ryan Schroeder, City Administrator
From: Jennifer Levitt, City Engineer
Date: April 14, 2011
Subject: Approve Cooperative Landscaping Agreement - TH 61 & 80' Street
BACKGROUND /DISCUSSION
The Minnesota Department of Transportation's Community Roadside Landscaping Partnership
Program is designed to provide technical and financial assistance to communities that are
interested in landscaping state highway rights -of -way. This is a reimbursement program for
plant material, and the city is to provide in -kind service for installation.
The program has three goals:
(1) Roadside beautification
(2) Community improvement
(3) Environmental stewardship
Funds awarded under this program must be used for roadside landscaping on state
trunk highway rights -of -way, with fee or easement title. Interstate freeways and high volume
divided highways with controlled access may be excluded from this program due to liability,
safety, and access problems. MnDOT District Staff or the Landscape Architect /Designer
assigned will help determine if the site is suitable.
Components that support the goals of the program include, but are not limited to, the following:
• Planting and maintenance of trees, shrubs, vines, perennial groundcovers.
• Wildflowers and grasses.
• Incorporation of soil amendments, herbicides, edging, weed fabric, wood fiber
blanket, mulch (wood chip, rock or other approved types), rodent protection,
staking and guying, gator bags, and seedling shelters.
Components that support the goals of the program, which MnDOT can help design and locate,
but are not funded by MnDOT's Landscape Partnership Program are:
• Community entrance monuments.
• Retaining walls, walkways, planters, etc.
• Benches, lighting, irrigation, etc.
The enclosed Cooperative Landscape Agreement provides for $15,000 for the purchase of
approved landscape materials with a maximum not to exceed $20,000. The City is responsible
for the installation and maintenance of the plant material. The installation will occur this spring
and early summer.
RECOMMENDATION
It is recommended the Council approve the MnDOT Cooperative Landscaping Agreement for
State Project Number 8205 -969E for landscape improvements on TH 61 at 80 Street.
Mn /DOT Contract No:
State Project Number (SP):
Trunk Highway Number (TH):
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORATION
And
CITY OF COTTAGE GROVE
COOPERATIVE LANDSCAPING
AGREEMENT
8205 -969E
61
Original Amount Encumbered
$15,000.00
98459
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and
the City of Cottage Grove acting through its City Council ( "City ").
Recitals
1. The City will perform landscaping along Trunk Highway No. 61 within the City limits according to plans,
specifications and special provisions designated as the "Cottage Grove Landscape Partnership Plan" and as
State Project No. 8205 -969E (TH. 61); 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
3. 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,
maintaining 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 Technical Support 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; 8. State Audits; 9. Government Data Practices;
10. Governing Law; Jurisdiction; Venue; and 12. Force Majeure.
1.4. Plans, Specifications, Special Provisions. Plans, specifications and special provisions designated as the
"Cottage Grove Landscape Partnership Plan" and as State Project No. 8205 -969E (T.H. 61) are on file in the
office of the City and the State's office of Technical Support 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 Installation of Landscape Materials
A. Acquisition and Installation. The City will acquire landscape materials and perform landscaping
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Landscape Agreement (Municipal Agreements 12117/10)
Mn/DOT Contract No: 98459
according to the Landscape Plans.
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 City
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 verify 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, Phytophthora 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 City will preserve and protect all utilities located on lands
covered by this Agreement, without cost to the State. As required by Minnesota Statute 216D, the City
will notify Gopher State One Call System (www,gopherstateonecall.org) (1- 800 -252 -1166) at least
48 hours before any excavation is done on this project.
E. Restore Right -of -Way. Upon completion of the installation of landscape materials and after performing
any ongoing maintenance operations, the City will restore all disturbed areas of State right -of -way so as
to perpetuate satisfactory drainagc, 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 Partnership 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 -Way, 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 the State to use the property for highway and transportation
purposes. No advertising signs or devices of any 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.
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Landscape Agreement (Municipal Agreements 12/17/10)
Mn/DOT Contract No: 98459
C. The City will obtain all construction permits and any other permits and sanctions that maybe required
in connection with the installation of the landscape materials without cost to the State.
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 State 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 $15,000.00. 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 of Payment. 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 and 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
Fax: (651) 366 -4769
E -Mail: todd.carroll@state.mn.us
4.2. The City's Authorized Representative will be:
Name /Title: Jennifer Levitt, City Engineer (or successor)
Address: 7516 ge Street South, Cottage Grove, MN 55016
Telephone: (651) 458 -2890
5. Assignment; Amendments; Waiver; Contract Complete
5.t. 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 who executed and approved this Agreement, or their successors in office.
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Landscape Agreement (Municipal Agreements 12117/10)
Mn /DOT Contract No: 98459
5.2. Amendments. Any amendment to this Agreement must 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.
5.3. Waiver. 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; Worker 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 law
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 Data 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.
1.0. Governing Law; Jurisdiction; Venue
Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue 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.
11, Termination; Suspension
11.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the
State for insufficient funding as described below.
11.2. Termination for Insufficient Funding The State may 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 is not 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.
12. Force Majeure
Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in
performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a
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Landscape Agreement (Municipal Agreements 12/17110)
WDOT COutractNo: 98459
party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God,
labor disputes, acts of war or terrorism, or public health emergencies.
[The remainder of this page has been intentionally left blank]
_5_
Landscape Agreement (Municipal Agreements 12/17/10)
Mn /DOT Contract No: 98459
STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered
as required by Minnesota Statutes § 16A.15 and
16C.05.
Signed:
Date:
MAPS Encumbrance No.
CITY OF COTTAGE GROVE
The undersigned certify that they have lawfully
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions or ordinances.
By:
Title:
Date:
By:
Title:
Date:
DEPARTMENT OF TRANSPORTATION
Recom
By:
IM
(District Engineer)
Approved:
IMa
Date:
(State Design Engineer)
COMMISSIONER OF ADMINISTRATION
LE
Date:
(With delegated authority)
INCLUDE COPY OF RESOULUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS
EXECUTION.
M
Landscape Agreement (Municipal Agreements 12/17/10)
EXHIBIT "pBB
Maintenance Responsibilities Plan and Schedule
n.TVTIAhllm A/+ IXIMMC
I auw la. I���mvu��.v
MAINTENANCE CONSIDERATION
PLANT
GROUPS
PRUNING
WEED
CONTROL
FERTILIZATION
See Table 5,
Fertilization Schedule
When To
Type Of
Evergreen Trees
Anytime - Dry
Corrective and
Deadwood Removal
Maintain mulch at 3"
minimum around trees
in mowed areas, keep
weed free.
Yes
[ Shade Trees
Anytime - Dry*
Training and
Yes
Shade Trees
Yes
Corrective
Yes
Ever reen Shrubs
g
Ornamental Trees
Winter **
Corrective
Yes
Vines
Evergreen Shrubs
Anytime - Dry
Deadwood Removal
Yes
No
Deciduous Shrubs
Dormant
Corrective and
Renewal
Maintain minimum 3"
woodchip mulch in a
Yes
weed free condition
until shrub crown
closure.
Vines
Dormant
Deadwood Removal
No
Groundcovers
* 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.
nnn AMc AAAIKIrMKIAnlrc nrTnnTlGc
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
MAINTENANCE CONSIDERATION
PLANT GROUPS
WATERING
INSECT AND
DISEASE
RODENT
PROTECTION
REMOVALS AND
REPLACEMENTS
CONTROL
Ever reen 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
Remove all dead plants.
Replace dead or dying
plants unless the lost
plants do not noticeably
compromise the visual
appearance or design
intent.
Shade Trees
Yes
Ornamental Trees
Yes
Ever reen Shrubs
g
N0 *
Deciduous Shrubs
No*
Vines
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
YARI P ')� CAI FNnLP !1F I AnlnAr:APF KAAINTFNANCF
ACTIVITY
January
February
March
Aril
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.
I
I
0XX I
XXXX
XO
Remulch
I.
Herbicide
Must be applied by a licensed Pesticide Applicator.
Fertilization:
Turf
XXXX
Shrubs, Trees
Insect & Disease
Time of control de ends on the type of insect or disease and when it is detected.
Sunscald Protection
Remove
wra
Watering
During first and second growing seasons approximately once a week
or as needed to maintain adequate but not excessive soil moisture.
Maintain Rodent
0000
0000
0000
0000
0000
0000
Protection
Turf Maintenance
Mowing
OOX
XXXX
Mower Damage
Prevention
X
XXXX
XXXX
Replanting
Evergreen Trees
Deciduous Trees
Container Plants
Turf
OXX
OXX
XXX
O
XXO
XXXX
XXXX
XXXX
XXXO
XXOO
X - Optimum Time O - Less than Optimum Time
Undiluted white latex paint is recommended, repaint as necessary until trees reach 4" caliper.
Sheet 2 of 4
TABLE 2b CALENDAR OF LANDSCAPE MAINTENANCE
ACTIVITY
July
Au ust
Se tember
October
November
December
Pruning
See Table 1 a for Best Time for Specific S edes.
Weed Control:
Planting beds must be kept in a weed free condition.
Remulch
XXXX
XXXX
XXXX
XXXX
00
XO
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
wra '.
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
XXOO
Replanting
Evergreen Trees
Deciduous Trees
OX
XXXO
OXXX
XO
Container Plants
0000
OOOX
XXXO
Turf
0000
OOXX
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 3 of 4
rnci c z nGCCOlonnnlc nF TVPPS r)F PR1 ININr�
TYPES OF PRUNING
WHEN TO PRUNE
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 waters routs.
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.
TAQI C A Inrccn rnniTOni 6AF'rWr)nC - IKITF(APATPn APPPOACH
METHOD
CATEGORY
TREES
SHRUB BEDS
TURF
Replanting - Filling Voids
Every 3 Years
X
X
Fertilization
X
X
X
23 -0 -30
X
X
X
t
X
X
X
p
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.
TARI G 6 FPRT11 17AT1nKI Cr`.HPn111 F
CATEGORY
FREQUENCY
TIME OF APPLICATION
ANALYSIS '
RATE
Mowed Turf
Every 3 Years
Aril or October
23 -0 -30
1 lb (N) /1000 sq. ft.
Shrub Beds*
Every 3 Years
October or April
23 -0 -30
1 lb (N) /1000 sq. ft.
Shade Trees*
Every 3 Years
October or April
23 -0 -30
.5 ibs /1 Cu. Yd. of soil
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