CR 03-026 MnDOT Maintenance Agreement Excelsior Blvd Landscape
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CITY OF
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HOPKINS
January 30, 2003
Council Report 2003-026
Approve MnDOT Maintenance Agreement - Excelsior Boulevard Landscape
Improvements
Proposed Action.
Staff recommends adoption of the following motion: Move that Council adopt
Resolution 2003-015, resolution approvinq an Excelsior Boulevard streetscape
maintenance agreement between the City of Hopkins and Minnesota Oept of
Transportation.
Overview.
City Council approved this maintenance agreement on June 4, 2002. However,
MnDOT requires a resolution approving the agreement. The agreement is
needed in order for the city to install special paving, landscaping and irrigation
within the median areas at the Highway 169 east ramp intersection. The
agreement requires the city to maintain these two median areas. The two
medians total approximately 3,700 sf - a small percentage of the total median
area of Excelsior Boulevard_
Primary Issues to Consider.
. Agreement specifics
The agreement requires the city to perform the following maintenance:
Yearly sweeping of median pavement
Ice and snow removal, when necessary
Repair or replacement of damaged pavements
Maintenance of irrigation system
Maintenance of plant materials
Supportinq information.
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Steven J. Stadler, blic Works Director
Financial Impact $~ Budgeted: Y/N n/a
Related Documents (CIP, ERP, etc.):
Notes:
Source: n/a
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CITY Of:
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HOPKINS
May 31,2002
Council Report 2002-102
Approve MnDOT Agreement for Maintenance of Excelsior Boulevard Landscape
Improvements
Proposed Action.
Staff recommends adoption of the following motion: Move that Council approve
Excelsior Boulevard streetscape maintenance aqreement between the City of
Hopkins and Minnesota Oeot of Transportation.
Overview.
MnDOT requires this agreement in order for the city to install special paving,
landscaping and irrigation within the median areas at the Highway 169 east ramp
intersection. The agreement requires the city to maintain these two median
areas. The two medians total approximately 3,700 sf - a small percentage of the
total median area of Excelsior Boulevard.
Primary Issues to Consider.
. Agreement specifics
The agreement requires the city to perform the following maintenance:
Yearly sweeping of median pavement
Ice and snow removal, when necessary
Repair or replacement of damaged pavements
Maintenance of irrigation system
Maintenance of plant materials
Supportinq information.
. Propo
Steven J. Stadler, PublIc Works Director
Financial Impact: $...Q Budgeted: Y/N n/a
Related Documents (CIP, ERP, etc.):
Notes:
Source: n/a
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MINNESOTA DEPARTMENT OF TRANSPORTATION
ROUTINE MAINTENANCE AGREEMENT
PREPARED BY
METRO DIVISION
MAINTENANCE OPERATIONS
Mn/DOT
AGREEMENT NO.
83222
AGREEMENTBEnNEEN
THE STATE OF MINNESOTA. DEPARTMENT OF TRANSPORTATION
AND
THE CITY of HOPKINS
FOR
Streets cape maintenance of certain portions of trunk highway 169 within the corporate limits of the City of
Hopkins upon the terms and conditions set forth in this Agreement.
THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation.
hereinafter referred to as the "State" and the City of Hopkins. Minnesota, acting by and through its City Council,
hereinafter referred to as the "City".
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Mn/DOT Agreement No. 81724
WHEREAS, City is about to perform streetscaping along Excelsior Boulevard, a portion of which affects Trunk
Highway 169 right of way within the corporate City limits in accordance with City/Hennepin County-prepared plans,
specifications and/or special provisions, which the project has been designated State Aid Project No. 132-020-13;
and
WHEREAS, State and the City are empowered to enter into agreements pursuant to Minnesota Statutes Section
471.59; and
WHEREAS, pursuant to Minnesota Statutes, Section 161.38, the parties desire to enter into an agreement relating to
the maintenance of streetscaping on Trunk Highway 169 within the corporate limits of the City upon the terms and
conditions set forth in this Agreement; and
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. DUTIES OF THE CITY
A. The City shall provide routine streetscape maintenance as defined in Section 1, Paragraph 8, on Trunk
Highway 169 within the corporate limits of the City as indicated on the map, marked Exhibit A, which is
attached and incorporated into this agreement.
B. The City shall provide routine streetscape maintenance on the above described roadway in
accordance with the standards and guidelines the City uses to routinely maintain its streetscape
system, and shall include the following:
1. Yearly sweeping of pavement within medians.
2. Ice and snow removal from medians when necessary
3. Repair or replacement of damaged or settled pavement within medians
4. Maintenance of landscape irrigation system within medians
5. Maintenance and replacement of landscape plants within medians.
6. All within the areas designated by Exhibit A.
C. The City sha.1l furnish all labor, equipment, materials, supplies, tools, and other items necessary for
the performance of the services to be provided for by the City under this Agreement.
D. All materials used by the City in the performance of the work under this Agreement shall conform
to the requirements of the current edition of the Minnesota Department of Transportation Standard
Specifications for Construction. and any subsequent amendments thereto.
II. CONSIDERATION AND TERMS OF PAYMENT
A. No payment will be made as a result of this Agreement.
III. TERM OF AGREEMENT
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MnlDOT Agreement No. 81724
A. This Agreement shall be in effect until superseded by another agreement between State and City.
IV. AUTHORIZED REPRESENTATIVE
A. State's Authorized Representative for the purposes of the administration of this
Agreement is Susan Mulvihill, Maintenance Operations Engineer, Minnesota Department
of Transportation Metro Division. 1500 West County Road B2, Rosevitle, Minnesota
55113, (651 )582-1424, or her designee.
B. The City's Authorized Representative for the purposes of the administration of this
Agreement is Steve Stadler, Director of Public Works, City of Hopkins, 11100 Excelsior
Boulevard, Hopkins, MN 55343, (952)939-1338, or his successor.
C. State's Authorized Representative shall have final authority for acceptance of the City's
services.
V. ASSIGNMENT
A. Neither party shall assign or transfer any rights or obligations under this Agreement, in whole or in
part, without prior written consent of the other.
B. All contracts and agreements made by either party with third parties for the performance of any work
to be done under this Agreement shall be made in accordance with the terms of this Agreement.
C. This Agreement shall not be construed as a relinquishment by State of any powers or control it
may have over the trunk highways and bridges covered under this Agreement.
VI. AMENDMENTS
This Agreement contains all negotiations and agreements between the State and City. No other
understanding regarding this agr~ement, whether written or oral, may be used to bind either party.
Any amendments to this Agreement shall be in writing, and shall be executed by the same parties
who executed the original Agreement, or their successors in office.
. VII.
L1AB I L1TY
The employees and agents of the city will not be deemed to be employees of the State for any
reason.
A. Each party will be solely responsible for its own acts and omissions, the acts and omissions of its
employees, and results thereof to the extent authorized by law. The parties shall not be
responsible for the acts of any others and the results thereof. Liability of State shall be governed
by the provisions of Minnesota Statutes
Section 3.736 and the liability of the City shall be governed by Minnesota Statutes Chapter 466.
This clause shall not be construed to bar any legal remedies each party may have for the other
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Mn/DOT Agreement No. 81724
party's failure to fulfill its obligations pursuant to this Agreement.
B. Each party to this Agreement shall defend at its sole cost and expense any action or proceeding
commenced for the purpose of asserting any claim of whatsoever character arising in connection
with or by virtue of performance of its own work as provided herein.
VIII. WORKERS' COMPENSATION
Each party will be solely responsible for its own employees for any workers compensation claims.
IX. CIVIL RIGHTS
The city must comply with the provisions of Minnesota Statutes Section 181.59, and any
applicable local ordinance relating to civil rights and discrimination.
X. STATE AUDITS
The books, records, documents, and accounting procedures and practices of the City, relevant to
this Agreement, shall be subject to examination by the Mn/DOT Auditor, the Legislative Auditor, or
the State Auditor, as appropriate, for no less than six years following the expiration of this
Agreement.
XL
DATA PRACTICES
The State and the City must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to any information provided to or by a party to this
agreement.
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Mn/DOT Agreement No. 81724
IN TESTIMONY WHEREOF the parties have executed this Agreement through their duly authorized officials:
DEPARTMENT OF TRANSPORTATION
Recommended for approval:
By
By
Date
Metro Division
ADE, Maintenance
Approved
COMMISSIONER OF TRANSPORTATION
By
By
Date
Metro Division
Authorized Signature
Date
. OFFICE OFTHE ATTORNEY GENERAL
.
Approved as to Form and Execution:
By
Date
COMMISSIONER OF ADMINISTRATION
By
Authorized Signature
Date
5
CITY OF HOPKINS
Mayor
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 2003-0] 5
RESOLUTION APPROVING EXCELSIOR BOULEVARD STREETSCAPE
MAINTENANCE AGREEMENT BETWEEN THE CITY OF HOPKINS AND THE
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION ~MNDOT
AGREEMENT NO. 83222
WHEREAS, on December 18, 2001, the City Council approved Excelsior Boulevard,
Phase II reconstruction final plans including landscape and streetscape improvements,
and,
WHEREAS, some of these streetscape improvements are within median areas of the
Trunk Highway 169 east ramp intersection and are under the jurisdiction of the
Minnesota Department of Transportation, and,
WHEREAS, the Minnesota Department ofTl'ansportation requires a maintenance
agreement approved by City Council resolution, committing the City of Hopkins to
certain maintenance actions related to these streetscape improvements, and;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins,
Minnesota that Minnesota Department of Transportation Agreement No. 83222 be
approved as presented for streets cape maintenance of certain portions of trunk highway
169 witllin the corporate limits of the City of Hopkins.
Adopted by the City Council of the City of Hopkins this 4th day of February 2003.
Eugene J. Maxwell. Mayor
ATTEST:
Terry Obermuier, City Clerk