Agenda - Council - 02/26/2019 - Laserfiche WebLink

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MnDOT Contract No: 1033218 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. 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. -2- Landscape Agreement (Cooperative Agreements)