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01-28-2026 Council Packet
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01-28-2026 Council Packet
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Page 7 of 8 <br /> <br /> <br />Exhibit C <br />STANDARD PROVISIONS FOR HIGHWAY-RAILROAD AGREEMENTS <br />1. The COMPANY, for performance of its work, may bill the ROAD AUTHORITY <br />monthly for the ROAD AUTHORITY’S share of the actual costs and expenses incurred. These <br />progressive invoices may be rendered on the basis of the estimated percentage of the work <br />completed. The ROAD AUTHORITY after verifying that the bill is reasonable and proper <br />shall promptly reimburse the COMPANY. <br />The COMPANY, upon the completion of its work, shall send the ROAD AUTHORITY <br />a detailed final statement of actual expenses it incurred, including allowable additives. After the <br />ROAD AUTHORITY’S representatives have checked the final statement and have agreed that <br />the costs are reasonable and proper insofar as they are able to ascertain, the ROAD <br />AUTHORITY shall reimburse the COMPANY in the amount, less previous payments, if any, <br />equal to the amount billed. <br />After the ROAD AUTHORITY representatives have audited the expenses incurred by <br />the COMPANY and final inspection of the installation has been made, the COMPANY <br />shall reimburse the ROAD AUTHORITY for any item (or items) of expense found by the <br />ROAD AUTHORITY representatives to be ineligible for reimbursement. <br />2. It is understood that the project herein contemplated shall be subject to all appropriate <br />Federal laws, rules, regulations, orders and approvals pertaining to all agreements in general. The <br />use of said guidelines for reimbursement between the parties hereto shall not be deemed to <br />require reimbursement of the ROAD AUTHORITY by the Federal Highway Administration as a <br />condition precedent to the ROAD AUTHORITY’S obligation. <br />3. All work herein provided to be done by the ROAD AUTHORITY or its contractor or <br />contractors on the right-of-way or upon, over, under or across the railroad tracks of the <br />COMPANY shall be done in a manner satisfactory to the COMPANY and shall be performed as <br />such time and in such manner as not to interfere unnecessarily with the movement of trains or <br />traffic upon the tracks of the COMPANY. The ROAD AUTHORITY shall require its <br />contractors or contractors to use all care and precaution necessary to avoid accident, damage or <br />interference to the COMPANY’S tracks or the trains or traffic using its tracks, and to notify the <br />COMPANY a sufficient time in advance whenever the contractor is about to perform work <br />adjacent to the track to enable the COMPANY to arrange for the furnishing of flagging and such <br />other protective services as might be necessary to ensure the safety of railroad operations. <br />The COMPANY shall have the right to furnish all such flagging or protective service as in its <br />judgment is necessary, and the ROAD AUTHORITY or its contractor or contractors shall <br />reimburse the COMPANY for the cost thereof. Wherever safeguarding of trains or traffic or the <br />COMPANY is mentioned in this agreement, it is intended to cover all users of the <br />COMPANY’S track having permission for such use. <br /> <br />4. The ROAD AUTHORITY shall require its contractor or contractors, upon completion <br />of the work, to remove all machinery, equipment, temporary buildings, false work, debris and <br />rubbish from COMPANY right-of-way, to provide proper drainage away from COMPANY <br />track, and to leave the tracks and right-of-way in a neat condition, satisfactory to the <br />COMPANY’S Chief Engineer or his representative. <br />5. Any contract between the ROAD AUTHORITY and its contractor or subcontractor to <br />perform the work herein provided to be done by the ROAD AUTHORITY shall require that the <br />contractor or sub-contractor protect DAKOTA MINNESOTA AND EASTERN RAILROAD, <br />and any other railroad occupying or using COMPANY right-of-way or lines of railroad with the <br />permission of the COMPANY, against all loss and damage arising from the activities of the <br />contractor or any of its subcontractors or agents, and shall further provide that the contractor
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