4.15. SR 05-16-2016 - Laserfiche WebLink

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Mn/DOT Contract No: 1000938 plans and specifications for the work to be done must be submitted to and approved by the State, prior to starting work. 1.5.. ExhibitsExhibitA“Location Prints” and Exhibit B “Cost Estimate” are attached and incorporated into this Agreement. 2.Right-of-WayUse 2.1. State Access; Suspension of Work; Remedial Measures.The State's Rail Administrative Representative retains the right to enter State’s right-of-way and inspect the installation of the four-quadrant signalsystems at any time and without notice to the Cityor BNSF Railway. If the State determines (in its sole discretion) that the construction is not being performed in a proper or timely manner, or that environmental laws (or the terms of permits) are not being complied with, or that traffic control or other necessary safety measures are not being properly implemented, then the State may direct the Cityand BNSF Railwayto take such remedial measures as the State deems necessary. The State may require the Cityand BNSF Railwayto suspend their operations until suitable remedial action plans are approved and implemented. The State will have no liability to the Cityand BNSF Railwayfor exercising its rights under this provision. 2.2. Traffic Control; Worker Safety.While the Cityand BNSF Railwayare occupying the Stateright-of-way, they must comply with the approved traffic control plan, and with applicable provisions of the Work Zone Field Handbook (http://www.dot.state.mn.us/trafficeng/workzone/index.html). AllCityand BNSF Railway personnel occupying the State's right-of-waymust be provided with required reflective clothing and hats. 2.3. State Ownership of Improvements.The four-quadrant signal systemsprovided for in this Agreement arethe property of the State and must not be removed unless there has been a determination by the State that the four-quadrant signal systems areno longer required at theselocations.If the signal system is to be removed, BNSF Railwaymust notify the State of its pending removal. Upon request of the State, the BNSF Railway will reinstall the signal system at some other crossing within the State on the BNSF Railway’stracks or return the signal system to a location designated by the State. The location and division of cost of such relocation will be agreed upon between the BNSF Railwayand the State prior to such removal.The State will not be liable to the City for exercising its right under this clause. 3.Construction 3.1. Direction, Supervision and Inspection of Construction A. The contract construction willbe under the direction of the Cityand under the supervision of a registered professional engineer; however, the Stateparticipation constructioncovered under this Agreement will be open to inspection by the State Rail Administrative Representative. 3.2. Plan Changes. The State will not participate in the cost of any contract construction that is in addition to the State participation constructioncovered under this Agreement unless the following conditions have been met: A. The necessary State funds have been encumbered. B. All changes in the Project Plansand all addenda, change orders and supplemental agreements entered into by the Cityand BNSF Railwayfor State participationconstruction are approvedin writing by the State Rail Administrative Office. 3.3 Compliance with Laws, Ordinances, Regulations.The City will comply and cause BNSF Railwayto comply with all Federal, State and Local laws, and all applicable ordinances and regulations. With respect only to that portion of work performed on the State's trunk highway right-of-way, the Citywill not require the BNSF Railwayto follow local ordinances or to obtain local permits. 4.Basis of State Cost 4.1. State Participation Construction.The State will pay 100% of the actual cost to install the four–quadrant gate systems including any engineering costs,as detailed in Exhibit B. -2- Payable Standard (Municipal Agreements)