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CR 06-092 Approve MnDOT Agreement for Maintenance of Excelsior Blvd Landscape Improvements C\TY OF m HOPKINS August 24,2006 Council Report 2006-092 Approve MnDOT Agreement for Maintenance of Excelsior Boulevard Landscape Improvements Proposed Action. Staff recommends adoption of the following motion: Move that Council adopt Resolution 2006-051. approvina an Excelsior Boulevard streetscape maintenance aareement between the City of Hopkins and Minnesota Dept of Transportation. Overview. MnDOT requires this agreement in order for the city to install special paving, landscaping and irrigation within the Highway 169 right-of-way at Excelsior Boulevard. The agreement requires the city to maintain these streetscapellandscaped areas. 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 niaterials Supportina information. Resolution 2006-051 Proposed agre ent Steven J. Stadler, Public Works Director Financial Impact: $~ Budgeted: YfN nfa Related Documents (CIP, ERP, etc.): Notes: Source: nfa CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 2006-051 RESOLUTION APPROVING EXCELSIOR BOULEVARD STREETS CAPE MAINTENANCE AGREEMENT BETWEEN THE CITY OF HOPKINS AND THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION - MNDOT AGREEMENT NO. 83222 WHEREAS, City Council has approved Excelsior Boulevard, Phase III streetscape final plans including landscape and streetscape improvements, and, WHEREAS, some of these streetscape improvements are within median areas of the Trunk Highway 169 right-of-way at Excelsior Boulevard and are under the jurisdiction of the Minnesota Department of Transportation, and, WHEREAS, the Minnesota Department of Transportation 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 streetscape maintenance of certain portions of trunk highway 169 within the corporate limits of the City of Hopkins. Adopted by the City Council of the City of Hopkins this 5th day of September 2006. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk MINNESOTA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT PREPARED BY METRO DISTRICT MAINTENANCE OPERATIONS Mn/DOT AGREEMENT NO. 83222 AGREEMENTBEnNEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY of HOPKINS FOR Streetscape 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". Mn/DOT Agreement No. 83222 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 for which the project has been designated State Aid Project No. 27-603-29 and Municipal 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: I. DUTIES OF THE CITY A. The City will provide routine streetscape maintenance as defined in Section I, Paragraph B, at the intersection of a Trunk Highway 169 ramp and Excelsior Boulevard within the corporate limits of the City as shown on Exhibit A, which is attached and incorporated into this agreement, without cost or expense to the State. B. The City will 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 will include the following: 1. Yearly sweeping of pavement within medians; and 2. Snow and Ice removal from medians when necessary; and 3. Maintenance and operation of landscape irrigation system within medians; and 4. Repair or replacement of damaged or settled pavement within medians; and 5. Maintenance and replacement of landscape plants within medians. C. The City will 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 will 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 The City agrees to perform the duties herein in consideration of the State permitting City's construction of the streetscaping on trunk highway right-of-way. III. TERM OF AGREEMENT This Agreement shall be in effect until superseded by another agreement between State and City. 2 Mn/DOT Agreement No. 83222 IV. AUTHORIZED REPRESENTATIVE A. State's Authorized Representative for the purposes of the administration of this Agreement is Beverly Farraher, Assistant District Engineer - Maintenance, Minnesota Department of Transportation Metro District, 1500 West County Road B2, Roseville, Minnesota 55113, (651) 582-1424, or her successor. 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) 548-6350, or his successor. C. State's Authorized Representative will have final authority for acceptance of the City's services. V. ASSIGNMENT A. Neither party will 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 will be made in accordance with the terms of this Agreement. C. This Agreement will not be construed as a relinquishment by State of any powers or control it may have over the trunk highway covered under this Agreement. VI. MERGER/AMENDMENTS This Agreement contains all negotiations and agreements between the State and City. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. Any amendments to this Agreement will be in writing, and must be executed by the same parties who executed the original Agreement, or their successors in office. VII. LIABILITY A. The employees and agents of the City will not be deemed to be employees of the State for any reason. B. 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 will not be responsible for the acts of any others and the results thereof. Liability of State will be governed by the provisions of Minnesota Statutes Section 3.736 and the liability of the City will be governed by Minnesota Statutes Chapter 466. This clause will not I:)e construed to bar any legal remedies each party may have for the other party's failure to fulfill its obligations pursuant to this Agreement. C. Each party to this Agreement will 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. 3 Mn/DOT Agreement No. 83222 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. STATEAUDITS The books, records, documents, and accounting procedures and practices of the City, relevant to this Agreement, will 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. XI. 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. XII. AGREEMENT APPROVAL Before this Agreement will become binding and effective, it must be approved by a City Council resolution, and must be executed by State and City officers as provided by law. [the rest of this page has been intentionally left blank] 4 Mn/DOT Agreement No. 83222 IN TESTIMONY WHEREOF the parties have executed this Agreement through their duly authorized officials: DEPARTMENT OF TRANSPORTATION CITY OF HOPKINS Recommended for approval: By Eugene J. Maxwell, Mayor By Metro District Assistant District Engineer - Maintenance Date Approved COMMISSIONER OF TRANSPORTATION By By Rick Getschow, City Manager Metro District Authorized Signature Date Date COMMISSIONER OF ADMINISTRATION By Authorized Signature Date 5 CITY OF HOPKINS RESOLUTION IT IS RESOLVED that the City of Hopkins enter into Mn/DOT Agreement No. 83222 with the State of Minnesota, Department of Transportation for the following purpose: To provide for streetscape maintenance by the City within the City limits on Trunk Highway 169 right-of-way at Excelsior Boulevard. IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement. CERTIFICATION State of Minnesota County of Hennepin I certify that the above Resolution is an accurate copy of the Resolution adopted by the City Council of the City of Hopkins at an authorized meeting held on the day of , 2006, as shown by the minutes of the meeting in my possession. 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