Res 2016-29 Approving Landscaping Partner. Coop. Agr.
RESOLUTION NO. 2016 - 29
A RESOLUTION TO APPROVE AGREEMENT # 1003368:
STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
WHEREAS, The Minnesota Department of Transportation agrees to provide, from payment by
the State to the City, for the acquisition of landscape materials to be placed adjacent to Trunk
Highway No. 694 at the northwest quadrant of East River Road under State Project No.
0285-969; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby
enters into Agreement #1003368 with the Minnesota Department of Transportation, a copy of
which said Agreement is hereby attached.
IT IS FURTHER RESOLVED that the Mayor and the City Manager of Fridley are authorized to
execute the Agreement and any amendments to the Agreement.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
th
13DAY OF JUNE 2016.
________________________________
SCOTT J. LUND - MAYOR
ATTEST:
___________________________________
DEBRA A. SKOGEN - CITY CLERK
1003368
MnDOT Contract No:
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY OF FRIDLEY
COOPERATIVE LANDSCAPING
AGREEMENT
0285-969
State Project Number (S.P.):Original Amount Encumbered
694=393
Trunk Highway Number (T.H.):$15,000.00
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and
the City of FRIDLEY acting through its City Council ("City").
Recitals
1.The City will perform landscaping along Trunk Highway No. 694 within the City limits according to plans,
specifications and special provisions designated as the "Fridley Landscape Partnership Landscaping Plan" and
as State Project No. 0285-969 (T.H. 694=393); 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
of Agreement; Survival of Terms; Plans; Incorporation of Exhibits
1.Term
1.1.
Effective Date. This Agreement will beeffective 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 by the City; 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
"Fridley Landscape Partnership Landscaping Plan" and as State Project No. 0285-969 (T.H. 694=393) 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 Installation of Landscape Materials
A.
Acquisition and Installation. The City will acquire landscape materials and perform landscaping
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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 drainage, 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.
-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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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.
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
$15,000.00$16,000.00
is . The maximum obligation of the State under this Agreement will not exceed ,
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
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
E-Mail: todd.carroll@state.mn.us
4.2.
The City's Authorized Representative will be:
Name/Title: Kay Qualley, Environmental Planner (or successor)
Address: 6431 University Ave NE, Fridley, MN 55432
Telephone: (763) 572-3594
Fax: (763) 571-1287
E-Mail: Kay.Qualley@fridleymn.gov
5. Assignment; Amendments; Waiver; Contract Complete
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 who executed and approved this Agreement, or their successors in office.
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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
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.
8. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5, the City
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.
10. 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.
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.
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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
e, floods, other acts of God,
labor disputes, acts of war or terrorism, or public health emergencies.
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STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION
Individual certifies that funds have been encumbered
as required by Minnesota Statutes § 16A.15 and
16C.05.
Recommended for Approval:
Signed: By:
(Landscape Partnership Program Coordinator)
Date:
By:
3000298715 (District Engineer)
SWIFT Purchase Order:
CITY OF FRIDLEY Approved:
The undersigned certify that they have lawfully By:
executed this contract on behalf of the Governmental
(State Design Engineer)
Unit as required by applicable charter provisions,
resolutions or ordinances.
Date:
By:
Title:
Scott Lund, Mayor, City of Fridley COMMISSIONER OF ADMINISTRATION
Date:
By:
By: (With delegated authority)
Date:
Title: Walter T. Wysopal, City Manager, City
of Fridley
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS
EXECUTION.
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EXHIBIT "A"
Maintenance Responsibilities Plan and Schedule
Table 1a. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES
MAINTENANCE CONSIDERATION
PLANT PRUNING WEED FERTILIZATION
GROUPS CONTROL See Table 5,
When To Type Of
Fertilization Schedule
Evergreen Trees Anytime - Dry Corrective and Maintain mulch at 3" Yes
Deadwood Removal minimum around trees
in mowed areas, keep
Shade Trees Anytime - Dry* Training and Yes
weed free.
Corrective
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
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.
TABLE 1b. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES
MAINTENANCE CONSIDERATION
PLANT GROUPS WATERING INSECT AND RODENT REMOVALS AND
DISEASE PROTECTION REPLACEMENTS
CONTROL
Evergreen Trees Yes until established As needed. Yes - Pine Only Remove all dead plants.
(2 yrs.).
Shade Trees Yes
Remove diseased Replace dead or dying
Supplemental watering plants that pose plants unless the lost
Ornamental Trees Yes
may be needed during threats to adjacent plants do not noticeably
drought periods plantings. compromise the visual
Evergreen Shrubs No*
(especially during July appearance or design
and August) even after intent.
Deciduous Shrubs No*
plants are established.
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
TABLE 2a. CALENDAR OF LANDSCAPE MAINTENANCE
ACTIVITY January February March April May June
Pruning See Table 1a for Best Time for Specific Species.
Weed Control: Planting beds must be kept in a weed free condition.
0XX XXXX XO
Remulch
Must be applied by a licensed Pesticide Applicator.
Herbicide
Fertilization:
TurfXXXX
Shrubs, Trees
Insect & Disease Time of control depends on the type of insect or disease and when it is detected.
Sunscald Protection Remove
wrap*
Watering During first and second growing seasons approximately once a week
or as needed to maintain adequate but not excessive soil moisture.
Maintain Rodent OOOO OOOO OOOO OOOO OOOO OOOO
Protection
Turf Maintenance
Mowing OOX XXXX
Mower Damage
Prevention X XXXX XXXX
Replanting
Evergreen Trees OXX XXO
Deciduous Trees OXX XXXX
Container Plants XXX XXXX XXXO
Turf O XXXX 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 August September October November December
Pruning See Table 1a for Best Time for Specific Species.
Weed Control: Planting beds must be kept in a weed free condition.
XXXX XXXX XXXX XXXX OO XO
Remulch
Must be applied by a licensed Pesticide Applicator.
Herbicide
Fertilization:
TurfXXXX
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 OOOO OOOO XXXX XXXX XOOO OOOO
Turf Maintenance
Mowing XXXX XXXX XXXX XXOO
Mower Damage
Prevention XXXX XXXX XXXX XXOO
Replanting
Evergreen Trees OX XXXO
Deciduous Trees OXXX XO
Container Plants OOOO OOOX XXXO
TurfOOOO OOXX XXXX OO
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
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 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 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
CATEGORY
METHOD
TREES SHRUB BEDS TURF
Replanting - Filling Voids 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 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 lbs/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