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M n DOT Agreement No. 1033695 6.3 State Audits; 6.5 Data Disclosure; 6.6 Government Data Practices; and 6.11 Governing Law,Jurisdiction and Venue. 1.4. Exhibits: Exhibits A, B, C and D are attached and incorporated into this Agreement. Exhibit A Location Print; Exhibit B Detailed Cost Estimate; and Exhibit C Title VI Non- Discrimination Provisions and Exhibit D Local Agency Resolution. 2. Scope of Work 2.1. Work Performance 2.1.1. The Company shall furnish all material for and install a complete railroad crossing signal system with flashing light signals,gates,cantilevers,constant warning circuitry and LED lenses on CSAH 12 (10th ST NW), at the location indicated on Exhibit A. The Company shall place the signals in accordance with Part 8 of the Minnesota Manual on Uniform Traffic Control Devices(MN MUTCD). 2.1.2. The Company shall submit detailed plans and specifications for the work to be done to the State for approval, prior to starting work. 2.1.3. The Company may contract any or all of the work included under the Agreement provided a market based competitive procurement process is used. (a) If the contracted work costs less than $10,000, the Company shall provide a detailed invoice of work performed by the contractors (b) If the contracted work costs$10,000 or more,the Company shall: i. Have prior approval of the State; ii. Enter into a written contract with the contractor; an existing continuing contract under which the Company has the same kind of work regularly performed at the Company's cost may be considered to conform to the requirements of this section if the State determines that the costs are reasonable; and iii. Provide a copy of the continuing contract or individual contract used for work under the Agreement. 2.1.4. The Company takes ownership of the materials and electrical equipment required to be removed and disposes of the materials and equipment in accordance with all applicable laws and regulations. If the Company determines that some or all of the removed materials and electrical equipment are satisfactory for reuse, the Company may salvage and reinstall at another location in the State of Minnesota or stockpile selected components for future purposes.The State may at its discretion ask the Company to salvage components of the existing signal. Items designated for salvage shall be carefully removed and placed at the crossing so that the State or its designee can transport salvaged materials. 2.1.5. The requirements of the "Buy America" provisions in 23 U.S.C. 313 and 23 CFR 63 5 .410 are applicable to this Agreement. If the Company uses steel or iron as part of its work, and the cost of that steel or iron is more than 0.1 percent of the total project cost or$2,500(whichever is greater), Company shall use steel or iron melted or manufactured in the United States. Materials that have been removed from the United States for any process (e.g., change of chemical content, shape, size, or finish) are not considered domestic materials. 2.2. Inspection, Standard of Performance 2.2.1. Applicable standards for railroad grade crossing construction consist of standards and regulations in AASHTO,AREMA, FHWA, MN MUTCD, Minn.Stat. §219 and Minn. Rules§8830.Should a conflict be identified in any of these standards and regulations, the Minnesota statutes and rules are deemed controlling. 2