Resolution 2012-16 Authorizing City Administrator and Mayor to Enter into Contract with MnDOT for Reimbursement of Landscape Materials to be Utilized Along Hwy 5

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Mn/DOT Contract No: 01029 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 Cita= 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 vcritT 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, Phytoplithora 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 CityA411 preserve and protect all utilities located on lairds covered by this Agreement, without cost to the State. As required by Minnesota Statute 216D, the City will notify Gopher State One Call System (wwv,,.gopherstateonecall.org) (1-800-252-1166) at Ieast 48 hours before any excavation is done on this project. E. Restore Right -o f Way. Upon completion of the installation of landscape materials and after perfonning any ongoing maintenance operations, the City will restore all disturbed areas of State right-of-way so as to perpetuate satisfactory drainag�, 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 Partn.ersbip 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-l%T,`ay, 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. 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 t .c State to use the property for highway and transportation purposes. No advertising signs or devices of an), 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.