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<br />e <br /> <br />e <br /> <br />B. The state agrees to: <br /> <br />1. Obligate state funds in the amount of $6,787.50 <br />which will be utilized to purchase materials <br />including wo1manized pine raw lumber for the tree <br />grates and plant material including 57 each Live <br />Oak trees of two and one-half inch caliper and <br />3 each Sabol Palm trees of 8 foot trunk height. <br /> <br />2. Prepare and submit requisitions for construction <br />and plant material in accordance with existing <br />statutes relating to the purchase of material with <br />State funds. <br /> <br />3. Furnish material, after receipt, to the city. <br /> <br />4. Cooperate with the City to determine requirements <br />for barricades, signs and traffic handling devices <br />to be used by the City during the installation and <br />maintenance of the Project. <br /> <br />ARTICLE 5. Overruns/Underruns. <br /> <br />The State will make recommendation of award for the bid or <br />bids received for required ~andscape material as follows: <br /> <br />1. If, after receiving bids for required landscape <br />material, the cumulative total of the lowest bid or <br />bids exceeds $6.787.50. the State, in order to insure <br />that available State funds are not exceeded, and at its <br />sole option, may reject any or all bids, revise the <br />quantity of landscape material to be furnished and <br />resubmit the bids. <br /> <br />2. If, after receiving bids for required landscape <br />material, the cumulative total of the lowest bid or <br />bids does not exceed $6.787.50. the State will <br />recommend award of the bid or bids. Unless, in the <br />sole opinion of the State, it is determined that the <br />furnishing of additional landscape material with any <br />remaining State funds is in the best interest of the <br />Project, the State will not purchase landscape material <br />in excess of the quantity requested by the City in the <br />City's proposal and as shown in the Project Design Plan <br />as would be necessary to insure the full amount of <br />State funds obligated for this Project is expended. <br /> <br />ARTICLE 6. Disputes. <br /> <br />Should disputes arise as to the party's obligations under <br />this Agreement, the'State's decision shall be final and binding. <br /> <br />, Page 4 of 7 <br /> <br />Draft, D-18L, 6/11/91 <br />