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

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MnDOT Contract No: 1033218 8. 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 areaor 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. 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 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.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 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: Anthony Wotzka, Landscape Partnership Program Coordinator (or successor) Address: 395 John Ireland Boulevard, Maiistop 686, St. Paul, MN 55155 Telephone: (651) 366-3606 E-Mail: anthony.wotzka@state.mn.us -3- Landscape Agreement (Cooperative Agreements)