Res 2019- 22 City Monument Sign MnDOT Agr 1033606CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2019 - 22
RESOLUTION AUTHORIZING ENTERING INTO MNDOT AGREEMENT NO.
1033606 WITH THE STATE OF MINNESOTA, DEPARTMENT OF
TRANSPORTATION FOR THE T.H. 149 MENDOTA HEIGHTS MONUMENT SIGN
IT IS RESOLVED that the City of Mendota Heights enter into Agreement No. 1033606 with
the State of Minnesota, Department of Transportation for the following purposes:
To provide for the payment by the State to the City of Mendota Heights for the acquisition of
landscape materials to be placed adjacent to Trunk Highway No. 149 from 125 feet south of
Mendota Heights Road to Mendota Heights Road under State Project No. 1917-969.
IT IS FURTHER RESOLVED that the Mayor and the Public Works Director are authorized to
execute the Agreement and any amendments to the Agreement.
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council
of the City of Mendota Heights at an authorized meeting held on the 19th day of March, 2019, as
shown by the minutes of the meeting in my possession.
Subscribed and sworn to before me this
/ q - day of 1-k i , 2019
Notary Public
My Commission Expires
1-31- a o a -a
s,�,fannAAMMMIW '� `• 3
L.ORRI MITFi
F �3
NotaryRt%�IEnnesr�
�`> My Comm)a� res Jan 31, 2070
` 1 - (,J
(Signature)
Neil Garlock
(Type or Print Name)
Mayor
(Title)
STATE OF MINNESOTA )
COUNTY OF DAKOTA ) S.S.
CITY OF MENDOTA HEIGHTS )
I, Lorri Smith, the duly appointed City Clerk of the City of Mendota Heights, certify that the attached
Resolution 2019- 22 Approving MnDOT Agreement 1033606 for the TH 149 Mendota Heights
Monument Sign is an exact copy of said resolution on file in my office adopted by the Mendota Heights
City Council on March 19, 2019.
Signed and scaled by my hand on this 25th day of March, 2019.
Lorri Smith
(SEAL) City Clerk
MnDOT Contract No: 1033606
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY OF MENDOTA HEIGHTS
COOPERATIVE LANDSCAPING
AGREEMENT
State Project Number (S.P.): 1917-969 Original Amount Encumbered
Trunk Highway Number (T.H.): 149=001 $10,000.00
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and
the City of Mendota Heights acting through its City Council ("City").
Recitals
1. The City will perform landscaping along Trunk Highway No. 149 within the City limits according to plans,
specifications and special provisions designated as the "Mendota Heights Entry Monument Landscaping
Plan" and as State Project No. 1917-969 (T.H. 149=001); 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
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 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 and Special Provisions. Plans, specifications and special provisions designated as the
"Mendota Heights Entry Monument Landscaping Plan" and as State Project No. 1917-969 (T.H. 149=001)
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" — Maintenance Responsibilities Plan and Schedule is attached and incorporated into
this Agreement.
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Landscape Agreement (Cooperative Agreements)
MnDOT Contract No: 1033606
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
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.
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.
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.
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 and 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.
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Landscape Agreement (Cooperative Agreements)
3
MnDOT Contract No: 1033606
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.
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.
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 $10,000.00. The maximum obligation of the State under this Agreement will not exceed $10,000.00,
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 2.1.13 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) 366-3606
E -Mail: todd.carroll@state.mn.us
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Landscape Agreement (Cooperative Agreements)
MnDOT Contract No: 1033606
4.2. The City's Authorized Representative will be:
Name, Title:
Krista Spreiter, Natural Resource Technician (or successor)
Address:
1101 Victoria Curve, MN 55118
Telephone:
(651) 255-1123
E -Mail:
kristas@mendota-heights.com
S. Assignment; Amendments; Waiver; Contract Complete
5.1. Assignment. No 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.
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.
8. 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.
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.
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Landscape Agreement (Cooperative Agreements)
MnDOT Contract No: 1033606
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.
12. Force Majeure
No 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 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.
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Landscape Agreement (Cooperative Agreements)
STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered
as required by Minnesota Statutes § 16A.15 and
16C.05.
Signed:
Date: %A— �o- \C1\
SWIFT Purchase Order: 00oltE -3 { Z U
CITY OF MENDOTA HEIGHTS
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: W
Title: 0�10 12.
Date: 4 -0�?- '2-O/ 9
By:
Title: Or FUR LL �f�llr-KS
Date: n 10d1
MnDOT Contract No
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
al
By:
(Landscape Partnership
1n33f n6
m Coordinator)
(District Engineer)
Approved:
By:
(State Desi gineer)
Date: .4 1i ` 01cl
COMMISIONER OF ADMINISTRATION
By:
(With Delegated Authority)
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION
M
Landscape Agreement (Cooperative Agreements)
EXHIBIT "A"
Maintenance Responsibilities Plan and Schedule
Table 1a. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES
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, keep
weed free.
Supplemental watering
Shade Trees
Anytime - Dry*
Training and
Yes
Ornamental Trees
Corrective
threats to adjacent
Yes
Ornamental Trees
Winter**
Corrective
Yes
Evergreen Shrubs
Anytime - Dry
Deadwood Removal
Yes
Deciduous Shrubs
Dormant
Corrective and
Maintain minimum 3"
Yes
No*
intent.
Renewal
woodchip mulch in a
Vines
No*
weed free condition
Groundcovers
No*
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
(2 yrs.).
As needed.
Yes - Pine Only
Remove all dead plants.
Shade Trees
Supplemental watering
Remove diseased
plants that pose
Yes
Replace dead or dying
plants unless the lost
Ornamental Trees
may be needed during
threats to adjacent
Yes
plants do not noticeably
Evergreen Shrubs
drought periods
(especially during July
plantings.
No*
compromise the visual
appearance or design
Deciduous Shrubs
and August) even after
plants are established.
No*
intent.
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
Aril
May
June
Pruning
See Table 1 a for Best Time for Specific Species.
Weed Control:
Planting beds must be ke t in a weed free condition.
I I
0XX I
XXXX
XO
Remulch
Herbicide
Must be applied by a licensed Pesticide Applicator.
Fertilization:
Turf
XXXX
Shrubs, Trees
Insect & Disease
Time of control depend 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
0000
0000
0000
0000
0000
0000
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
IXXOO
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 7
September
October
November
December
Pruning
See Table 1a for Best Time for Specific Species.
Weed Control:
Planting beds must be ke tin 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
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
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
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 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.
TABLE 4. WEED CONTROL METHODS - INTEGRATED APPROACH
METHOD
CATEGORY
TREES
SHRUB BEDS
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
Aril or October
23-0-30
1 Ib (N)/1 000 sq. ft.
Shrub Beds*
Every 3 Years
October or April
23-0-30
1 Ib (N)/1 000 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