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MnDOT Contract No: 1061476 3.2. Shared Use Path. The City will provide routine and minor maintenance of the shared use path on State Right-of-Way as shown in Exhibit E. Routine and minor maintenance may include, but are not limited to, snow and ice control/removal, sweeping and debris removal, patching, crack repair, replacement of failing section(s) of pavement, vegetation control, signing, pavement markings, and any other maintenance activities necessary to perpetuate the shared use path in a safe, usable, and aesthetically acceptable condition as determined by the State's District Maintenance Engineer and all applicable laws including, but not limited to, the Americans with Disabilities Act ("ADA"). If the City fails to perform its maintenance services under this Agreement in compliance with applicable laws, the State will provide the City with a notice of non-compliance. Within three business days of sending the notice of non-compliance, the State's District Maintenance Engineer and the City's Engineer will meet to discuss the City 's performance of maintenance and decide upon next steps to remedy any non-compliant performance. If the parties cannot agree upon a remedy, the State may perform such obligation and the City will reimburse the State for the cost thereof, plus 10 percent of such cost for overhead and supervision within 30 days of receipt of the State's invoice. The State and the City agree that full pavement replacement is outside of routine and minor maintenance, and the State and the City will share in the cost of pavement replacement according to the State's Cost Participation and Maintenance Responsibilities with Local Units of Government Manual, as amended or revised. A. Right-of-Way Access. The State authorizes the City to enter upon State Right-of-Way to perform the maintenance activities described in this Article 5. The City must notify and coordinate with the State’s District Maintenance Engineer prior to accessing State Right-of-Way. While the City is occupying the State's Right-of-Way, they must comply with the approved traffic control plan and with the applicable provisions of the Work Zone Field Handbook (http://www.dot.state.mn.us/trafficeng/workzone/index.html). All City personnel occupying the State's Right-of-Way must be provided with required reflective clothing and hats. B. Environmental. The City shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's Right-of-Way. In the event of spillage of regulated materials, the City shall immediately notify the State’s Authorized Representative in writing and shall provide for cleanup of the spilled material and any materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the City. 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: Todd Stevens, District Maintenance Engineer (or successor) Address: 1500 West City Road B2, Roseville MN 55113 Telephone: 651-234-7901 E-Mail: todd.stevens@state.mn.us 4.2 The City of Roseville’s Authorized Representative will be: Name, Title: Jennifer Lowry, City Engineer (or successor) Address: 2660 Civic Center Dr., Roseville, MN 55113 Telephone: 651-792-7042 E-Mail: jennifer.lowry@cityofroseville.com -3- State Let on State Right-of-Way with Local Maintenance Qbhf!238!pg!2:7