Common use of Construction Responsibilities Clause in Contracts

Construction Responsibilities. 5.1 The County agrees to comply with all applicable laws and regulations necessary to meet the Oklahoma Department of Environmental Quality (ODEQ) requirements for pollution prevention including discharges from storm water runoff during the planning and design of this project. Further, the County agrees and stipulates as stated in the ODEQ’s General Permit OKR10, dated September 13, 2017 or latest revision, to secure a storm water permit with the ODEQ for utility relocations, when required. It is also agreed that the storm water management plan for the project previously described in the document includes project plans and specifications, required schedules for accomplishing the temporary and permanent erosion control work, the site specific storm water pollution prevention plan and the appropriate location map contained in the utility relocation plans. 5.2 The County’s responsibility for environmental cleanup will be a continuing responsibility to remediate any and all known and unknown environmental damage throughout the duration of this contract with the Department in compliance with State and federal regulations. 5.3 The roadway improvements and all devices specified herein shall not be altered, removed, or cease to be operative without mutual written consent of the Department and the County. 5.4 Upon approval of this AGREEMENT and the plans, specifications, and estimates by the COUNTY, the Department, and the Federal Highway Administration (if applicable), the Department will advertise and let the contract for this project in the usual and customary legal manner. It is agreed that the projects herein contemplated are proposed to be financed as previously described, and that this agreement, all plans, specifications, estimate of costs, acceptance of work, payments, and procedure in general hereunder are subject in all things at all times to all local, state and Federal laws, regulations, orders, approvals as may be applicable hereto. 5.5 The Department shall provide a copy of the executed construction contract to the County, upon receipt of a written request. 5.6 The Department will notify the County of pre-bid dates, bid opening dates, and Transportation Commission award dates in writing upon receipt of a written request. 5.7 The Department will appoint competent supervision and inspection of the construction work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the project is accomplished in accordance with the approved Plans, Specifications and Estimates. The Department reserves the right to make such changes in said plans as may be necessary for the proper construction of said project. 5.8 The County agrees to provide such competent supervision as the County deems necessary during times that the work is in progress to ensure the completion of the project to the County’s satisfaction and the County’s representatives and the Department’s representatives will cooperate fully to the end of obtaining work strictly in accordance with the plans and specifications. 5.9 The County will make ample provisions annually for the proper maintenance of said project, including the provision of competent personnel and adequate equipment, specifically, to provide all required maintenance of the project during the critical period immediately following construction and to keep the facility in good and safe condition for the benefit of the traveling public. 5.10 The County warrants to the Department that it will periodically review the adequacy of the aforesaid project to ensure the safety of the traveling public and should the County determine that further modifications or improvements be required, the County shall take such actions as are necessary to make such modifications or improvement. When operation modifications are required which in the opinion of the Department exceed the capability of the County's staff, the County agrees to retain, at the sole expense of the County, competent personnel for the purpose of bringing the improvement up to the proper standard of operation. 5.11 The County warrants and agrees that upon completion of the aforesaid project, the County assumes any and all financial obligations for the operation, use, and maintenance of the aforesaid project.

Construction Responsibilities. 5.1 The County Sponsor agrees to comply with all applicable laws and regulations necessary to meet the Oklahoma Department of Environmental Quality (ODEQ) requirements for pollution prevention including discharges from storm water runoff during the planning and design of this project. Further, the County Sponsor agrees and stipulates as stated in the ODEQ’s General Permit OKR10, dated September 13, 2017 or latest revision, to secure a storm water permit with the ODEQ for utility relocations, when required. It is also agreed that the storm water management plan for the project previously described in the document includes project plans and specifications, required schedules for accomplishing the temporary and permanent erosion control work, the site specific storm water pollution prevention plan and the appropriate location map contained in the utility relocation plans. 5.2 The CountySponsor’s responsibility for environmental cleanup will be a continuing responsibility to remediate any and all known and unknown environmental damage throughout the duration of this contract agreement with the Department in compliance with State and federal regulations. 5.3 The roadway improvements and all devices specified herein shall not be altered, removed, or cease to be operative without mutual written consent of the Department and the CountySponsor. 5.4 Upon approval of this AGREEMENT agreement and the plans, specifications, and estimates by the COUNTYSponsor, the Department, and the Federal Highway Administration (if applicable), the Department will advertise and let the construction contract for this project in the usual and customary legal manner. It is agreed that the projects herein contemplated are proposed to be financed as previously described, and that this agreementAgreement, all plans, specifications, estimate of costs, acceptance of work, payments, and procedure in general hereunder are subject in all things at all times to all local, state and Federal federal laws, regulations, orders, approvals as may be applicable hereto. 5.5 The Department shall provide a copy of the executed construction contract to the CountySponsor, upon receipt of a written request. 5.6 The Department will notify the County Sponsor of pre-bid dates, bid opening dates, and Transportation Commission award dates in writing upon receipt of a written request. 5.7 The Department will appoint competent supervision and inspection Sponsor agrees that prior to the Department’s advertising of the construction work performed by project for bids (as to that part of the construction contractor project lying within the present corporate limits) it will: - Grant to the Department and will provide its contractors, the right-of-entry to all existing streets, alleys, and Sponsor owned property when required, and other rights-of- way shown on said plans. - Remove at its own expense, or cause the removal of, all encroachments on existing streets as shown on said plans, including all signs, buildings, porches, awnings, porticos, fences, gasoline pumps and islands, and any other such engineeringprivate installations. - Prohibit parking on that portion of the project within the corporate limits of the Sponsor, inspection and testing services except as may be required indicated in the plans or hereafter approved by agreement with the Department. The Sponsor further agrees not to ensure that install, or permit to be installed, any signs, signals or markings not in conformance with the standards approved by the Federal Highway Administration and Manual on Uniform Traffic Control Devices (MUTCD). - Comply with the Department's standards for construction of driveway entrances from private property to the project is accomplished highway, in accordance with the approved PlansDepartment's manual entitled "Policy on Driveway Regulation for Oklahoma Highways", Specifications and EstimatesRev. 5/96, 69 O.S. (2001) § 1210. The Department reserves the right to make such changes in said plans as may be necessary - Maintain all right-of-way acquired for the proper construction of this project, as shown on said plans, in a manner consistent with applicable statutes, codes, ordinances and regulations of the Department and the State of Oklahoma. - Have the authority pursuant to 69 O.S. 2001 § 1001 and 69 O.S. 2001 § 1004 to sell any lands, or interest therein, which were acquired for highway purposes as long as such sale is conducted in accordance with the above cited statutes. Prior written approval by the Chief, Right-of-Way Division for the Department shall be required before any sale is made. 5.8 The Sponsor further agrees and warrants to the Department that, subsequent to the construction of said project., the Sponsor will: 5.8 The County agrees to provide such competent supervision as the County deems necessary during times that the work is in progress to ensure the completion of the project to the County’s satisfaction 1) Erect, maintain and the County’s representatives operate traffic control devices, including signals, signs and the Department’s representatives will cooperate fully to the end of obtaining work strictly pavement markings only in accordance with 47 O.S. 2011 §§ 15-104- 15-106, and subject to agreement of the plans and specificationsDepartment: a) In the event that any traffic signal installed hereunder is no longer needed for the purposes designated herein, then the traffic signal installed hereunder shall not be moved by the Sponsor to any other point other than that which is approved by the Department prior to such removal. 5.9 The County will make ample provisions annually b) In the event there is no mutually agreed location for the proper maintenance of said projectreinstallation, including the provision of competent personnel and adequate equipment, specifically, to provide all required maintenance Sponsor will assume complete ownership of the project during equipment following removal, if the critical period immediately following construction and to keep installation is ten (10) years old or older. If the facility in good and safe condition for the benefit of the traveling public. 5.10 The County warrants to the Department that it will periodically review the adequacy of the aforesaid project to ensure the safety of the traveling public and should the County determine that further modifications or improvements be required, the County shall take such actions as are necessary to make such modifications or improvement. When operation modifications are required which in the opinion of the Department exceed the capability of the County's staff, the County agrees to retain, at the sole expense of the County, competent personnel for the purpose of bringing the improvement up to the proper standard of operation. 5.11 The County warrants and agrees that upon completion of the aforesaid project, the County assumes any and all financial obligations for the operation, use, and maintenance of the aforesaid project.installation is less than ten

Construction Responsibilities. 5.1 The County Sponsor agrees to comply with all applicable laws and regulations necessary to meet the Oklahoma Department of Environmental Quality (ODEQ) requirements for pollution prevention including discharges from storm water runoff during the planning and design of this project. Further, the County Sponsor agrees and stipulates as stated in the ODEQ’s General Permit OKR10, dated September 13, 2017 or latest revision, to secure a storm water permit with the ODEQ for utility relocations, when required. It is also agreed that the storm water management plan for the project previously described in the document includes project plans and specifications, required schedules for accomplishing the temporary and permanent erosion control work, the site specific storm water pollution prevention plan and the appropriate location map contained in the utility relocation plans. 5.2 The CountySponsor’s responsibility for environmental cleanup will be a continuing responsibility to remediate any and all known and unknown environmental damage throughout the duration of this contract agreement with the Department in compliance with State and federal regulations. 5.3 The roadway improvements and all devices specified herein shall not be altered, removed, or cease to be operative without mutual written consent of the Department and the CountySponsor. 5.4 Upon approval of this AGREEMENT agreement and the plans, specifications, and estimates by the COUNTYSponsor, the Department, and the Federal Highway Administration (if applicable), the Department will advertise and let the construction contract for this project in the usual and customary legal manner. It is agreed that the projects herein contemplated are proposed to be financed as previously described, and that this agreementAgreement, all plans, specifications, estimate of costs, acceptance of work, payments, and procedure in general hereunder are subject in all things at all times to all local, state and Federal federal laws, regulations, orders, approvals as may be applicable hereto. 5.5 The Department shall provide a copy of the executed construction contract to the CountySponsor, upon receipt of a written request. 5.6 The Department will notify the County Sponsor of pre-bid dates, bid opening dates, and Transportation Commission award dates in writing upon receipt of a written request. 5.7 The Sponsor agrees that prior to the Department’s advertising of the project for bids (as to that part of the project lying within the present corporate limits) it will: - Grant to the Department and its contractors, the right-of-entry to all existing streets, alleys, and Sponsor owned property when required, and other rights-of- way shown on said plans. - Remove at its own expense, or cause the removal of, all encroachments on existing streets as shown on said plans, including all signs, buildings, porches, awnings, porticos, fences, gasoline pumps and islands, and any other such private installations. - Prohibit parking on that portion of the project within the corporate limits of the Sponsor, except as may be indicated in the plans or hereafter approved by agreement with the Department. The Sponsor further agrees not to install, or permit to be installed, any signs, signals or markings not in conformance with the standards approved by the Federal Highway Administration and Manual on Uniform Traffic Control Devices (MUTCD). - Comply with the Department's standards for construction of driveway entrances from private property to the highway, in accordance with the Department's manual entitled "Policy on Driveway Regulation for Oklahoma Highways", Rev. 5/96, 69 O.S. (2001) § 1210. - Maintain all right-of-way acquired for the construction of this project, as shown on said plans, in a manner consistent with applicable statutes, codes, ordinances and regulations of the Department and the State of Oklahoma. - Have the authority pursuant to 69 O.S. 2001 § 1001 and 69 O.S. 2001 § 1004 to sell any lands, or interest therein, which were acquired for highway purposes as long as such sale is conducted in accordance with the above cited statutes. Prior written approval by the Chief, Right-of-Way Division for the Department shall be required before any sale is made. 5.8 The Sponsor further agrees and warrants to the Department that, subsequent to the construction of said project, the Sponsor will: 1) Erect, maintain and operate traffic control devices, including signals, signs and pavement markings only in accordance with 47 O.S. 2011 §§ 15-104- 15-106, and subject to agreement of the Department: a) In the event that any traffic signal installed hereunder is no longer needed for the purposes designated herein, then the traffic signal installed hereunder shall not be moved by the Sponsor to any other point other than that which is approved by the Department prior to such removal. b) In the event there is no mutually agreed location for the reinstallation, the Sponsor will assume complete ownership of the equipment following removal, if the installation is ten (10) years old or older. If the installation is less than ten (10) years old and: 1) In the event the Sponsor desires total ownership of the equipment, the Sponsor shall reimburse the Department the original federal funding percentage share for the original equipment cost only, amortized for a ten(10) year service life, interest ignored, and assuming straight line depreciation. 2) In the event the Sponsor does not desire total ownership of the equipment, the Sponsor shall sell the equipment at public auction to the highest bidder. The Sponsor shall reimburse the Department the original federal funding percentage share of the proceeds of such sale. 2) Subject to agreement with the Department, regulate and control traffic on said project, including but not limited to, the speed of vehicles, parking, stopping and turns only in accordance with 47 O.S. 2011 §§ 15-104- 15-106, and to make no changes in the provisions thereof without the approval of the Department. It shall be the responsibility of the Sponsor to notify the Department of any changes necessary to ensure safety to the traveling public. 3) Maintain all drainage systems and facilities constructed, installed, modified or repaired in conjunction with this project or as may be otherwise necessary to ensure proper drainage for road surfaces constructed under the terms of this agreement. 4) Maintain all curbs and driveways abutting road surfaces constructed under the terms of this Agreement and all sidewalks adjacent thereto. 5) Maintain all right-of-way areas adjacent to road surfaces, including erosion control and periodic mowing of vegetation, in a manner consistent with applicable codes, ordinances and regulations. 6) For any portion of the project encompassed under this Agreement that is part of the State Highway System, the Sponsor shall maintain all that part of said project within the corporate limits of the Sponsor between the gutter lines and the right- of-way lines, and if no gutter exists, between the shoulder lines and the right-of- way lines, including storm sewers, all underground facilities, curbs and mowing, all in accordance with 69 O.S. Supp. 1994 §901 and all other applicable law. 7) On limited access highways where county roads or city streets extend over or under the highway or public roads are constructed on state rights-of-way but there is no immediate ingress and egress from the highway, responsibility shall be as follows: a. The public roads as defined in OAC 730:35-1-2 shall be maintained by the city or county and shall be included in their roadway mileage inventory. b. Where county roads or city streets extend over the highway, the roadway, approaches and bridge surfaces, including the deck, shall be maintained by the city or county. The approach guardrail, bridge structure, and highest clearance posting on the structure shall be maintained by the Department. c. Where county roads or city streets extend under the highway, the roadway approaches and advance signing shall be maintained by the city or county. The Department shall maintain the approach guardrail, bridge structure and surface, and the height clearance posting on the structure. 5.9 The Sponsor further agrees and warrants to the Department concerning any sign and highway facility lighting included as part of this project: 1) The Sponsor will, upon notice from the Department Engineer, provide at its own expense all required electrical energy necessary for all preliminary and operational tests of the highway lighting facilities. 2) Upon completion of the construction of said project, the Sponsor will be responsible for the maintenance and cost of operation of these highway lighting facilities, including all appurtenances thereto and including the sign lighting facilities. 3) It is specifically understood and agreed that the highway lighting and sign lighting facilities specified hereunder shall be continuously operated during the hours of darkness, between sunset and sunrise, and shall not be altered, removed or be allowed to cease operation without the mutual written consent of the Department and the Sponsor. 4) The Sponsor agrees to provide, on a periodic schedule, an inspection, cleaning and re-xxxxxxx maintenance program to assure the maximum efficiency of the highway lighting facilities. 5) In the event that the highway lighting facilities installed hereunder are no longer needed for the purposes designated herein, then the highway lighting facilities installed hereunder shall not be moved by the Sponsor to any point other than which is approved by the Department prior to such removal. 6) In the event there is no mutually agreed location for reinstallation, the Sponsor will assume complete ownership of the equipment following removal if the installation is twenty (20) years old or older. If the installation is less than twenty years old and: a) In the event the Sponsor desires total ownership of the equipment, the Sponsor shall reimburse the Department the original federal funding percentage share of the original equipment costs only, amortized for a twenty (20) year service life, interest ignored, and assuming straight line depreciation. b) In the event the Sponsor does not desire total ownership of the equipment, the Sponsor shall sell the equipment at public auction to the highest bidder. The Sponsor shall reimburse the Department the original federal funding percentage share of the proceeds of such sale. 5.10 The Department will appoint competent supervision and inspection of the construction work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the project is accomplished in accordance with the approved Plans, Specifications and Estimates. The Department reserves the right to make such changes in said plans as may be necessary for the proper construction of said project. 5.8 1) The County Sponsor agrees to provide such competent supervision as the County Sponsor deems necessary during times that the work is in progress to ensure the completion of the project to the CountySponsor’s satisfaction and the CountySponsor’s representatives and the Department’s representatives will cooperate fully to the end of obtaining work strictly in accordance with the plans and specifications. 5.9 2) The County Sponsor will make ample provisions annually for the proper maintenance of said project, including the provision of competent personnel and adequate equipment, specifically, to provide all required maintenance of the project during the critical period immediately following construction and to keep the facility in good and safe condition for the benefit of the traveling public. 5.10 3) The County Sponsor warrants to the Department that it will periodically review the adequacy of the aforesaid project to ensure the safety of the traveling public and should the County Sponsor determine that further modifications or improvements be required, the County Sponsor shall take such actions as are necessary to make such modifications or improvement. When operation modifications are required which in the opinion of the Department exceed the capability of the CountySponsor's staff, the County Sponsor agrees to retain, at the sole expense of the CountySponsor, competent personnel for the purpose of bringing the improvement up to the proper standard of operation. 5.11 4) The County Sponsor warrants and agrees that upon completion of the aforesaid project, the County Sponsor assumes any and all financial obligations for the operation, use, and maintenance of the aforesaid project.

Construction Responsibilities. 5.1 The County Sponsor agrees to comply with all applicable laws and regulations necessary to meet the Oklahoma Department of Environmental Quality (ODEQ) requirements for pollution prevention including discharges from storm water runoff during the planning and design of this project. Further, the County Sponsor agrees and stipulates as stated in the ODEQ’s General Permit OKR10, dated September 13, 2017 or latest revision, to secure a storm water permit with the ODEQ for utility relocations, when required. It is also agreed that the storm water management plan for the project previously described in the document includes project plans and specifications, required schedules for accomplishing the temporary and permanent erosion control work, the site specific storm water pollution prevention plan and the appropriate location map contained in the utility relocation plans. 5.2 The CountySponsor’s responsibility for environmental cleanup will be a continuing responsibility to remediate any and all known and unknown environmental damage throughout the duration of this contract with the Department in compliance with State and federal regulations. 5.3 The roadway improvements and all devices specified herein shall not be altered, removed, or cease to be operative without mutual written consent of the Department and the CountySponsor. 5.4 Upon approval of this AGREEMENT and the plans, specifications, and estimates by the COUNTYSponsor, the Department, and the Federal Highway Administration (if applicable), the Department will advertise and let the contract for this project in the usual and customary legal manner. It is agreed that the projects herein contemplated are proposed to be financed as previously described, and that this agreement, all plans, specifications, estimate of costs, acceptance of work, payments, and procedure in general hereunder are subject in all things at all times to all local, state and Federal laws, regulations, orders, approvals as may be applicable hereto. 5.5 The Department shall provide a copy of the executed construction contract to the CountySponsor, upon receipt of a written request. 5.6 The Department will notify the County Sponsor of pre-bid dates, bid opening dates, and Transportation Commission award dates in writing upon receipt of a written request. 5.7 The Department will appoint competent supervision and inspection Sponsor agrees that prior to the Department’s advertising of the construction work performed by project for bids (as to that part of the construction contractor project lying within the present corporate limits) it will: - Grant to the Department and will provide its contractors, the right-of-entry to all existing streets, alleys, and Sponsor owned property when required, and other rights-of-way shown on said plans. - Remove at its own expense, or cause the removal of, all encroachments on existing streets as shown on said plans, including all signs, buildings, porches, awnings, porticos, fences, gasoline pumps and islands, and any other such engineeringprivate installations. - Prohibit parking on that portion of the project within the corporate limits of the Sponsor, inspection and testing services except as may be required indicated in the plans or hereafter approved by agreement with the Department. The Sponsor further agrees not to ensure that install, or permit to be installed, any signs, signals or markings not in conformance with the standards approved by the Federal Highway Administration and Manual on Uniform Traffic Control Devices (MUTCD). - Comply with the Department's standards for construction of driveway entrances from private property to the project is accomplished highway, in accordance with the approved PlansDepartment's manual entitled "Policy on Driveway Regulation for Oklahoma Highways", Specifications and EstimatesRev. 5/96, 69 O.S. (2001) § 1210. The Department reserves the - Maintain all right to make such changes in said plans as may be necessary of way acquired for the proper construction of this project, as shown on said plans, in a manner consistent with applicable statutes, codes, ordinances and regulations of the Department and the State of Oklahoma. - The Sponsor shall have the authority pursuant to 69 O.S. 2001 § 1001 and 69 O.S. 2001 § 1004 to sell any lands, or interest therein, which were acquired for highway purposes as long as such sale is conducted in accordance with the above cited statutes. Prior written approval by the Chief, Right-of-Way Division for the Department shall be required before any sale is made. 5.8 The Sponsor further agrees and warrants to the Department that, subsequent to the construction of said project., the Sponsor will: 5.8 The County agrees to provide such competent supervision as the County deems necessary during times that the work is in progress to ensure the completion of the project to the County’s satisfaction 1) Erect, maintain and the County’s representatives operate traffic control devices, including signals, signs and the Department’s representatives will cooperate fully to the end of obtaining work strictly pavement markings only in accordance with 47 O.S. 2011 §§ 15-104- 15-106, and subject to agreement of the plans and specificationsDepartment: a) In the event that any traffic signal installed hereunder is no longer needed for the purposes designated herein, then the traffic signal installed hereunder shall not be removed by the Sponsor to any other point other than that which is approved by the Department prior to such removal. 5.9 The County will make ample provisions annually b) In the event there is no mutually agreed location for the proper maintenance of said projectreinstallation, including the provision of competent personnel and adequate equipment, specifically, to provide all required maintenance Sponsor will assume complete ownership of the project during equipment following removal if the critical period immediately following construction and to keep installation is ten (10) years old or older. If the facility in good and safe condition for the benefit of the traveling public. 5.10 The County warrants to the Department that it will periodically review the adequacy of the aforesaid project to ensure the safety of the traveling public and should the County determine that further modifications or improvements be required, the County shall take such actions as are necessary to make such modifications or improvement. When operation modifications are required which in the opinion of the Department exceed the capability of the County's staff, the County agrees to retain, at the sole expense of the County, competent personnel for the purpose of bringing the improvement up to the proper standard of operation. 5.11 The County warrants and agrees that upon completion of the aforesaid project, the County assumes any and all financial obligations for the operation, use, and maintenance of the aforesaid project.installation is less than ten

Construction Responsibilities. 5.1 4.1 The County CITY agrees to comply with all applicable laws and regulations necessary to meet the Oklahoma Department of Environmental Quality (ODEQ) requirements for pollution prevention including discharges from storm water runoff during the planning and design of this project. Further, the County agrees and stipulates as stated in the ODEQ’s General Permit OKR10, dated September 13, 2017 or latest revision, to secure a storm water permit with the ODEQ for utility relocations, when required. It is also agreed that the storm water management plan for the project previously described in the document includes project plans and specifications, required schedules for accomplishing the temporary and permanent erosion control work, the site specific storm water pollution prevention plan and the appropriate location map contained in the utility relocation plans. 5.2 The County’s responsibility for environmental cleanup will be a continuing responsibility to remediate any and all known and unknown environmental damage throughout the duration of this contract with the Department in compliance with State and federal regulations. 5.3 4.2 The roadway improvements and all devices specified herein shall not be altered, removed, or cease to be operative without mutual written consent of the Department DEPARTMENT and the CountyCITY and BNSF with jurisdiction over that portion of the roadway improvement. 5.4 4.3 Upon approval of this AGREEMENT agreement and the plans, specifications, and estimates by the COUNTY, the Department, and the Federal Highway Administration (if applicable)and the BNSF, the Department DEPARTMENT will advertise and let the contract for this project in the usual and customary legal manner. It is agreed that the projects herein contemplated are proposed to be financed as previously describeddescribed in this agreement, and that this agreement, all plans, specifications, estimate of costs, acceptance of work, payments, and procedure in general hereunder are subject in all things at all times to all local, state and Federal laws, regulations, orders, orders and approvals as may be applicable hereto. BNSF, the CITY, and the DEPARTMENT shall enter into one or more construction and maintenance agreements for the project elements on terms acceptable to the parties not inconsistent with this agreement. 5.5 4.4 The Department shall provide a copy DEPARTMENT, using its own forces or the services of the executed construction contract to the Countyothers, upon receipt of a written request. 5.6 The Department will notify the County of pre-bid dates, bid opening dates, supervise and Transportation Commission award dates in writing upon receipt of a written request. 5.7 The Department will appoint competent supervision and inspection of the construction inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the project is accomplished in accordance with the approved Plans, Specifications and Estimates. The Department reserves the right to make such changes in said plans as may PS&E. 4.5 XX-00/0xx Xxxxxx will be necessary for the proper closed during construction of said project. 5.8 The County agrees to provide such competent supervision as the County deems necessary during times that the work is in progress to ensure the completion of the project and traffic will be detoured onto CITY streets. The streets to be used for detours include Xxxxxxxx Xxxxxx, Xxxx Xxxxxx and Xxxxxx Avenue. Execution of this agreement satisfies approval of the CountyCITY’s satisfaction and the County’s representatives and the Department’s representatives will cooperate fully approval to the end of obtaining work strictly in accordance with the plans and specificationsutilize city streets as a detour. 5.9 The County will make ample provisions annually for the proper maintenance of said project, including the provision of competent personnel and adequate equipment, specifically, to provide all required maintenance 4.6 Upon final acceptance of the project during by all parties and the critical period immediately following construction railroad is fully operational, the new facilities will be owned and to keep maintained as described below: 4.6.1 The new railroad bridge will be owned and maintained by the facility in good CITY. 4.6.2 BNSF shall be responsible for all maintenance and safe condition for operations above the benefit top of bridge deck. 4.6.3 The new pedestrian bridge over SH-37/4th St will be owned and maintained by the CITY. 4.6.4 SH-37/4th St will be removed from the State Highway system within the corporate limits of the traveling public. 5.10 The County warrants to the Department that it will periodically review the adequacy of the aforesaid project to ensure the safety of the traveling public CITY and should the County determine that further modifications or improvements be required, the County shall take such actions as are necessary to make such modifications or improvement. When operation modifications are required which in the opinion of the Department exceed the capability of the County's staff, the County agrees to retain, at the sole expense of the County, competent personnel for the purpose of bringing the improvement up to the proper standard of operation. 5.11 The County warrants and agrees that upon completion of the aforesaid project, the County assumes any and all financial obligations for the operation, use, placed into ownership and maintenance of the aforesaid project.CITY. The maintenance of 4th street bridge over I-35 shall be in accordance with Oklahoma Administrative Code Title 730, Chapter 35, Section 730:35-1-5

Construction Responsibilities. 5.1 The County Sponsor agrees to comply with all applicable laws and regulations necessary to meet the Oklahoma Department of Environmental Quality (ODEQ) requirements for pollution prevention including discharges from storm water runoff during the planning and design of this project. Further, the County Sponsor agrees and stipulates as stated in the ODEQ’s General Permit OKR10, dated September 13, 2017 or latest revision, to secure a storm water permit with the ODEQ for utility relocations, when required. It is also agreed that the storm water management plan for the project previously described in the document includes project plans and specifications, required schedules for accomplishing the temporary and permanent erosion control work, the site specific storm water pollution prevention plan and the appropriate location map contained in the utility relocation plans. 5.2 The CountySponsor’s responsibility for environmental cleanup will be a continuing responsibility to remediate any and all known and unknown environmental damage throughout the duration of this contract agreement with the Department in compliance with State and federal regulations. 5.3 The roadway improvements and all devices specified herein shall not be altered, removed, or cease to be operative without mutual written consent of the Department and the CountySponsor. 5.4 Upon approval of this AGREEMENT agreement and the plans, specifications, and estimates by the COUNTYSponsor, the Department, and the Federal Highway Administration (if applicable), the Department will advertise and let the construction contract for this project in the usual and customary legal manner. It is agreed that the projects herein contemplated are proposed to be financed as previously described, and that this agreementAgreement, all plans, specifications, estimate of costs, acceptance of work, payments, and procedure in general hereunder are subject in all things at all times to all local, state and Federal federal laws, regulations, orders, approvals as may be applicable hereto. 5.5 The Department shall provide a copy of the executed construction contract to the CountySponsor, upon receipt of a written request. 5.6 The Department will notify the County Sponsor of pre-bid dates, bid opening dates, and Transportation Commission award dates in writing upon receipt of a written request. 5.7 The Department will appoint competent supervision and inspection Sponsor agrees that prior to the Department’s advertising of the construction work performed by project for bids (as to that part of the construction contractor project lying within the present corporate limits) it will: - Grant to the Department and will provide such engineeringits contractors, inspection the right-of-entry to all existing streets, alleys, and testing services Sponsor owned property when required, and other rights-of-way shown on said plans. - Prohibit parking on that portion of the project within the corporate limits of the Sponsor, except as may be required indicated in the plans or hereafter approved by agreement with the Department. The Sponsor further agrees not to ensure that install, or permit to be installed, any signs, signals or markings not in conformance with the standards approved by the Federal Highway Administration and Manual on Uniform Traffic Control Devices (MUTCD). - Comply with the Department's standards for construction of driveway entrances from private property to the project is accomplished highway, in accordance with the approved PlansDepartment's manual entitled "Policy on Driveway Regulation for Oklahoma Highways", Specifications and EstimatesRev. 5/96, 69 O.S. (2001) § 1210. The Department reserves the right to make such changes in said plans as may be necessary - Maintain all right-of-way acquired for the proper construction of this project, as shown on said plans, in a manner consistent with applicable statutes, codes, ordinances and regulations of the Department and the State of Oklahoma. 5.8 The Sponsor further agrees and warrants to the Department that, subsequent to the construction of said project., the Sponsor will: 5.8 The County agrees to provide such competent supervision as the County deems necessary during times that the work is in progress to ensure the completion of the project to the County’s satisfaction 1) Erect, maintain and the County’s representatives operate traffic control devices, including signals, signs and the Department’s representatives will cooperate fully to the end of obtaining work strictly pavement markings only in accordance with 47 O.S. 2011 §§ 15-104- 15-106, and subject to agreement of the plans and specificationsDepartment: a) In the event that any traffic signal installed hereunder is no longer needed for the purposes designated herein, then the traffic signal installed hereunder shall not be moved by the Sponsor to any other point other than that which is approved by the Department prior to such removal. 5.9 The County will make ample provisions annually b) In the event there is no mutually agreed location for the proper maintenance of said projectreinstallation, including the provision of competent personnel and adequate equipment, specifically, to provide all required maintenance Sponsor will assume complete ownership of the project during equipment following removal, if the critical period immediately following construction and to keep installation is ten (10) years old or older. If the facility in good and safe condition for the benefit of the traveling public. 5.10 The County warrants to the Department that it will periodically review the adequacy of the aforesaid project to ensure the safety of the traveling public and should the County determine that further modifications or improvements be required, the County shall take such actions as are necessary to make such modifications or improvement. When operation modifications are required which in the opinion of the Department exceed the capability of the County's staff, the County agrees to retain, at the sole expense of the County, competent personnel for the purpose of bringing the improvement up to the proper standard of operation. 5.11 The County warrants and agrees that upon completion of the aforesaid project, the County assumes any and all financial obligations for the operation, use, and maintenance of the aforesaid project.installation is less than ten

Construction Responsibilities. 5.1 The County agrees to comply with all applicable laws and regulations necessary to meet the Oklahoma Department of Environmental Quality (ODEQ) requirements for pollution prevention including discharges from storm water runoff during the planning and design of this project. Further, the County agrees and stipulates as stated in the ODEQ’s General Permit OKR10, dated September 13, 2017 or latest revision, to secure a storm water permit with the ODEQ for utility relocations, when required. It is also agreed that the storm water management plan for the project previously described in the document includes project plans and specifications, required schedules for accomplishing the temporary and permanent erosion control work, the site specific storm water pollution prevention plan and the appropriate location map contained in the utility relocation plans. 5.2 The County’s responsibility for environmental cleanup will be a continuing responsibility to remediate any and all known and unknown environmental damage throughout the duration of this contract with the Department in compliance with State and federal regulations. 5.3 The roadway improvements and all devices specified herein shall not be altered, removed, or cease to be operative without mutual written consent of the Department and the County. 5.4 Upon approval of this AGREEMENT and the plans, specifications, and estimates by the COUNTY, the Department, and the Federal Highway Administration (if applicable), the Department will advertise and let the contract for this project in the usual and customary legal manner. It is agreed that the projects herein contemplated are proposed to be financed as previously described, and that this agreement, all plans, specifications, estimate of costs, acceptance of work, payments, and procedure in general hereunder are subject in all things at all times to all local, state and Federal laws, regulations, orders, approvals as may be applicable hereto. 5.5 The Department shall provide a copy of the executed construction contract to the County, upon receipt of a written request. 5.6 The Department will notify the County of pre-bid dates, bid opening dates, and Transportation Commission award dates in writing upon receipt of a written request. 5.7 The Department will appoint competent supervision and inspection of the construction work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the project is accomplished in accordance with the approved Plans, Specifications and Estimates. The Department reserves the right to make such changes in said plans as may be necessary for the proper construction of said project. 5.8 The County agrees to provide such competent supervision as the County deems necessary during times that the work is in progress to ensure insure the completion of the project to the County’s satisfaction and the County’s representatives and the Department’s representatives will cooperate fully to the end of obtaining work strictly in accordance with the plans and specifications. 5.9 The County will make ample provisions annually for the proper maintenance of said project, including the provision of competent personnel and adequate equipment, specifically, to provide all required maintenance of the project during the critical period immediately following construction and to keep the facility in good and safe condition for the benefit of the traveling public. 5.10 The County warrants to the Department that it will periodically review the adequacy of the aforesaid project to ensure insure the safety of the traveling public and should the County determine that further modifications or improvements be required, the County shall take such actions as are necessary to make such modifications or improvement. When operation modifications are required which in the opinion of the Department exceed the capability of the County's staff, the County agrees to retain, at the sole expense of the County, competent personnel for the purpose of bringing the improvement up to the proper standard of operation. 5.11 The County warrants and agrees that upon completion of the aforesaid project, the County assumes any and all financial obligations for the operation, use, and maintenance of the aforesaid project.