B09_Solicitation_Amendment_Attach_2_DOT_Permit_0001.pdf

Page 1 of 3 CLA 1880 (Div. 38)

NDDOT Contract No. 65240580A

North Dakota Department of Transportation

PERMIT TO CONSTRUCT A PROJECT WITHIN HIGHWAY RIGHT OF WAY

PROJECT NAME: TRNP Boundary Fencing Replacement along I-94

This agreement is between the state of North Dakota, acting by and through its Director of Transportation, hereinafter referred to as NDDOT, whose address is 608 East Boulevard Avenue, Bismarck, North Dakota 58505-0700, and Theodore Roosevelt National Park, hereinafter referred to as the Permittee, whose address is PO Box 7, 315 2nd Avenue, Medora ND, 58645.

The Permittee is hereby given permission to enter and construct the project described below on highway right of way, under the following conditions:

The location of the proposed work is along the North R/W I-94, Little Missouri River Bridge (RP 24.3) to Park Overhead (RP 26.2)

The work to be performed is construct and maintain fencing and gates according to the attached plans.

Construction of the Project shall be done in a manner satisfactory to the NDDOT Dickinson District Engineer.

The Permittee shall contact the NDDOT Dickinson District Engineer 48 hours prior to constructing, maintaining, relocating, or removing the Project.

The Permittee shall provide maintenance to the completed Project at its own cost and expense.

The Permittee shall maintain the signing and marking of the Project according to the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, as supplemented and amended.

The Permittee shall repair or replace highway structures and appurtenances, and any existing facilities located on, over, or under highway right of way, which may be damaged as a result of the construction and maintenance of the Project on highway right of way.

The Permittee shall promptly remove said Project from highway right of way, or shall relocate or adjust said Project, at its sole cost and expense when requested to do so by the NDDOT.

All people working within the right of way on this Project are required to wear an ANSI/ISEA 107-2004 Class II high visibility garment as per the requirements of 23 CFR 634.

The construction of the Project shall be completed on or before 01/01/2099.

The Permittee, for him or herself, his or her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the Permittee will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and

DocuSign Envelope ID: 20420E28-8D15-4559-8468-1EE2AA08D530

Page 2 of 3 CLA 1880 (Div. 38)

Regulations, as amended, such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities set forth in this Assurance.

That in the event of breach of any of the above Non- discrimination covenants, NDDOT will have the right to terminate this Permit and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said Permit had never been made or issued.

The NDDOT specifically reserves the right to revoke, or change the terms and conditions of this Permit with or without cause and upon notice to the Permittee.

Page 3 of 3 CLA 1880 (Div. 38)

The Risk Management Appendix, attached, is hereby incorporated and made a part of this agreement.

PERMITTEE:

NORTH DAKOTA

DEPARTMENT OF TRANSPORTATION

NAME (TYPE OR PRINT) DISTRICT ENGINEER (TYPE OR PRINT)

SIGNATURE SIGNATURE

TITLE DATE

DATE

CLA 1880 (Div. 38) L.D. Approved 5-8-09; 7-18

To be signed by Owner; Partner; Corp. Pres., Vice Pres., or other authorized Corp. Officer.

(If signed by other authorized Corp. Officer, please attach copy of Power of Attorney or other documentation showing authority to sign.)

04/30/24

Philip McCall

Chief of Facility Management - THRO

Rob Rayhorn

04/30/24

4503 Coleman Street, Suite 205 Bismarck, North Dakota 58503

North Dakota Division

April 25, 2024 Phone 701-250-4204 Fax 701-250-4395

Ron Henke, Director North Dakota Department of Transportation 608 East Boulevard Avenue Bismarck, ND 58505-0700

Attention: Brad Darr

Subject: I-94 Right-of-Way (ROW) Fence Gates Request

Dear Ron Henke, Our office received a ROW Fence Access request via email on April 17, 2024. The request included three gate access locations to I-94 between mile markers 24 and 26. These ROW Fence Access locations are approved.

The requested gates are part of the National Parks Service (NPS) boundary fence replacement project. They are categorized as replacement of one pre-existing gate, provision of a temporary construction access, and an addition of one new permanent gate.

The purpose of the permanent gates is to allow the NPS to (1) manage wildlife that escaped through damaged portion of the boundary fence and bring them back within the park boundary,

(2) respond to fire or other emergencies within the park, and (3) allow NPS to service and repair the fence.

Gates shall be installed at the ROW fence for all access points referenced above and in the submitted request. All gates must be closed and locked when not in use. Permanent gates will not have any defined drive approach or signage. These gates are for the exclusive use by the NPS and other cooperative agencies having jurisdiction. No public access will be allowed.

If you have any questions or comments regarding this access approval letter, please contact Mohamed Zaina, at (701) 221-9468 or email; mohamed.zaina@dot.gov.

Sincerely yours, Lee D. Potter, P.E.

Division Administrator

Ecc: Kinnischtzke, Barry (NDDOT) Rayhorn, Robert (NDDOT) Callaway, Joseph (FHWA)

LEE DAVID

POTTER

Digitally signed by LEE DAVID

POTTER

Date: 2024.04.25 08:06:16 -05'00'

Risk Management Appendix

Routine* Service Agreements with Sovereign Entities and Political Subdivisions of the State of North Dakota:

Parties: State – State of North Dakota, its agencies, officers and employees Governmental Entity – The Governmental Entity executing the attached document, its agencies, officers and employees Governments – State and Government Entity, as defined above

Each party agrees to assume its own liability for any and all claims of any nature including all costs, expenses and attorney’s fees which may in any manner result from or arise out of this agreement.

Each party shall secure and keep in force during the term of this agreement, from insurance companies, government self-insurance pools or government self-retention funds, authorized to do business in North Dakota, the following insurance coverages:

1) Commercial general liability and automobile liability insurance – minimum limits of liability required of the Governmental Entity are $406,250 per person and $1,625,000 per occurrence. The minimum limits of liability required of the State are $406,250 per person and $1,625,000 per occurrence.

2) Workers compensation insurance meeting all statutory limits.

3) The policies and endorsements may not be canceled or modified without thirty (30) days prior written notice to the undersigned

State representative.

The State reserves the right to obtain complete, certified copies of all required insurance documents, policies, or endorsements at any time.

Each party that hires subcontractors shall require any non-public subcontractors, prior to commencement of work set out under an agreement between that party and the non-public subcontractor, to:

Defend, indemnify, and hold harmless the Governments, its agencies, officers and employees, from and against claims based on the vicarious liability of the Governments or its agents, but not against claims based on the Government’s contributory negligence, comparative and/or contributory negligence or fault, sole negligence, or intentional misconduct. The legal defense provided by the Subcontractor to the Governments under this provision must be free of any conflicts of interest, even if retention of separate legal counsel for the Governments is necessary. Subcontractor also agrees to defend, indemnify, and hold the Governments harmless for all costs, expenses and attorneys' fees incurred if the Governments prevail in an action against Subcontractor in establishing and litigating the indemnification coverage provided herein. This obligation shall continue after the termination of this agreement.

Subcontractor shall secure and keep in force during the term of this agreement, from insurance companies, government self-insurance pools or government self-retention funds authorized to do business in North Dakota: 1) commercial general liability; 2) automobile liability; and 3) workers compensation insurance all covering the Subcontractor for any and all claims of any nature which may in any manner arise out of or result from this agreement. The minimum limits of liability required are $500,000 per person and $2,000,000 per occurrence for commercial general liability and automobile liability coverages, and statutory limits for workers compensation. The Governments shall be endorsed on the commercial general liability policy and automobile liability policy as additional insureds. The Governments shall have all the benefits, rights and coverages of an additional insured under these policies that shall not be limited to the minimum limits of insurance required by this agreement or by the contractual indemnity obligations of the Contractor. Said endorsement shall contain a “Waiver of Subrogation” waiving any right of recovery the insurance company may have against the Governments as well as provisions that the policy and/or endorsement may not be canceled or modified without thirty (30) days prior written notice to the undersigned representatives of the Governments, and that any attorney who represents the State under this policy must first qualify as and be appointed by the North Dakota Attorney General as a Special Assistant Attorney General as required under N.D.C.C. Section 54-12-08. Subcontractor’s insurance coverage shall be primary (i.e., pay first) as respects any insurance, self-insurance or self-retention maintained by the Governments. Any insurance, self-insurance or self-retention maintained by the Governments shall be excess of the Contractor’s insurance and the Subcontractor’s insurance and shall not contribute with them.

The insolvency or bankruptcy of the insured Subcontractor shall not release the insurer from payment under the policy, even when such insolvency or bankruptcy prevents the insured Subcontractor from meeting the retention limit under the policy. Any deductible amount or other obligations under the Subcontractor’s policy(ies) shall be the sole responsibility of the Subcontractor. This insurance may be in policy or policies of insurance, primary and excess, including the so-called umbrella or catastrophe form and be placed with insurers rated “A-” or better by A.M. Best Company, Inc. The Governments will be indemnified, saved, and held harmless to the full extent of any coverage actually secured by the Subcontractor in excess of the minimum requirements set forth above. The Government Entity that hired the Subcontractor shall be held responsible for ensuring compliance with the above requirements by all Subcontractors. The Governments reserve the right to obtain complete, certified copies of all required insurance documents, policies, or endorsements at any time.

*See North Dakota Risk Management Manual, section 5.1 for discussion of “unique” and “routine” agreements.

RM Consulted 2007 Revised 11-23

Certificate Of Completion Envelope Id: 20420E288D15455984681EE2AA08D530 Status: Completed

Subject: Please complete contract 65240580A with DocuSign: SFN 1880.pdf

Contract Number: 65240580A

PCN:

Source Envelope:

Document Pages: 15 Signatures: 2 Envelope Originator:

Certificate Pages: 2 Initials: 0 Heather Brew

AutoNav: Enabled

EnvelopeId Stamping: Enabled

Time Zone: (UTC-06:00) Central Time (US & Canada)

608 E Boulevard Ave

Bismarck, ND 58505 hbrew@nd.gov

IP Address: 165.234.248.34

Record Tracking Status: Original

4/30/2024 3:54:28 PM

Holder: Heather Brew hbrew@nd.gov

Location: DocuSign

Security Appliance Status: Connected Pool: StateLocal

Storage Appliance Status: Connected Pool: Carahsoft OBO North Dakota Department of

Transportation CLOUD

Location: DocuSign

Signer Events Signature Timestamp Philip McCall

Philip_McCall@nps.gov

Chief of Facility Management - THRO

Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style

Using IP Address: 158.68.216.87

Sent: 4/30/2024 4:01:18 PM

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Signed: 4/30/2024 4:26:58 PM

Electronic Record and Signature Disclosure:

Not Offered via DocuSign

Rob Rayhorn rrayhorn@nd.gov

Rob Rayhorn

Carahsoft OBO North Dakota Department of

Transportation CLOUD

Security Level: Email, Account Authentication (None), Authentication

Signature Adoption: Uploaded Signature Image

Using IP Address: 165.234.248.34

Sent: 4/30/2024 4:27:04 PM

Viewed: 4/30/2024 4:40:39 PM

Signed: 4/30/2024 4:40:49 PM

Authentication Details SMS Auth:

Transaction: 8daf1de5-0abf-45d5-95f8-15704dbd4a11 Result: passed Vendor ID: TeleSign Type: SMSAuth Performed: 4/30/2024 4:40:35 PM Phone: +1 701-290-4222

Electronic Record and Signature Disclosure:

Not Offered via DocuSign

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Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/30/2024 4:01:18 PM

Certified Delivered Security Checked 4/30/2024 4:40:39 PM

Signing Complete Security Checked 4/30/2024 4:40:49 PM

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