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Contract Number: BF-20583561 <br /> <br />4 of 59 <br />written approval of Agency, which approval will not be unreasonably withheld. <br />Construction of the Project must include the following railroad work by MNNR: <br /> <br />A. Procurement of materials, equipment and supplies necessary for the railroad work; <br /> <br />B. Furnishing of flagging services during construction of the Project as required and set <br />forth in further detail on Exhibit C, attached to this Agreement and made a part <br />hereof; <br /> <br />C. Furnishing engineering and inspection as required in connection with the <br />construction of the Project; <br /> <br />D. Removal and disposal of the existing crossing surfaces from the Crossing; <br /> <br />E. Installation of 10-foot concrete crossing surface for the one track complete with <br />new rail, ties, ballast, fasteners, along with appropriate surfacing, to carry the <br />improved trail. <br /> <br />F. Installation of Signal Bell on top of the mast as shown on Exhibit A; <br /> <br />G. Make such changes in the alignment, location and elevation of its telephone, <br />telegraph, signal and/or wire lines and appurtenances along, over or under the <br />tracks, both temporary and permanent, as may become necessary by reason of <br />the construction of the Project. <br /> <br />2) MNNR will do all railroad work set forth in Article II, Section 2 above on an actual cost <br />basis, when MNNR, in its sole discretion, determines it is required by its labor <br />agreements to perform such work with its own employees working under applicable <br />collective bargaining agreements. <br /> <br />3) Agency agrees to reimburse MNNR for work of an emergency nature caused by <br />Agency or Agency’s contractor in connection with the Project which MNNR deems is <br />reasonably necessary for the immediate restoration of railroad operations, or for the <br />protection of persons or BNSF property. Such work may be performed by MNNR <br />without prior approval of Agency and Agency agrees to fully reimburse MNNR for all <br />such emergency work. <br /> <br />4) MNNR may charge Agency for insurance expenses, including self -insurance <br />expenses, when such expenses cover the cost of Employer's Liability (including, <br />without limitation, liability under the Federal Employer's Liability Act) in connection with <br />the construction of the Project. Such charges will be considered part of the actual