4.15. SR 05-16-2016 - Laserfiche WebLink

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Mn/DOT Contract No: 1000938 5.Maintenance and Ownership of Signal Equipment Upon completion of the project, the Citywill provideinspection, operation and maintenanceof the signal system installed under this Agreement, without cost or expenseto the State, according to the following terms and conditions: 5.1. The City will contract with BNSF Railway for the inspection,operation and maintenanceof the signal system provided for in this Agreement upon completion of its installation. The obligation to maintain said signal system shall continue in accordance with the law of the State as it shall be amended from time to time in the future. 5.2. The City shall payBNSF Railway annually for inspection, operationand maintenance costs. 6.State Cost and Payment by the State 6.1.. State Cost A. State’s estimated cost for the installation of the four-quadrant gate systemsis $1,905,494.00. I B.n the event it is found that the cost of the work will exceed the estimated cost, but will be less than the estimated cost plus 20%, then an increase in eligible reimbursementwill be allowed without an amendment to this Agreement. C. The State’s total financial obligation shall not increase beyond the estimated cost plus 20%, without the State’s approval and the encumbrance of additional funds. Any work which will result in costs exceeding 120% of the estimated cost will require an amendment to this Agreement and prior approval of the State before the work is performed. 6.2. Payment. A. City will submit invoices to State for payment. B. State will make payments in accordance with MinnesotaStatutes §16A.124. C. Invoices for labor and materials (“partial invoices”) may be submitted on a periodic basis during the term of the project, but not more frequently than once per month. These valid partial invoices will be paid 30 days from the date they are received by the Office of Freight and Commercial Vehicle Operations, Railroad Administration Section. D. Partial invoices that are not approved due to disputed items will be returnedto the City with a request for an explanation for any disputed items. If the dispute is resolved, the State shall pay the City within 30 days of receiving a corrected invoice. The State may pay the non-disputed portion of any disputed invoice. E. Partial invoices must be based on actual (not estimated) costs incurred. Partial invoices need not be itemized, but the State must be able to substantiate costs by checking the records. 6.3. Records Keeping and Invoicing by the City The Citywill keep records and accounts that enable it to provide the State with the following prior to final payment: A. Copies of the Cityinvoices covering all contract constructionfrom BNSF Railway. B. Copies of the endorsed and canceled Citywarrant(s) or check(s)paying for final contract construction, or computer documentation of the warrant(s) issued, certified by an appropriate Cityofficial that final construction contract payment has been madeto BNSF Railway. C. Copies of all construction contract change ordersand supplemental agreements. -3- Payable Standard (Municipal Agreements)