2025.10.06 CC Packet - Laserfiche WebLink

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Contract Number: BF-20583561 11 of 59 17) MNNR will perform the work to remove the crossing surface within its right-of-way crossing at 140th Street North, Milepost DOT No. 082589E, Line Segment 214, at Milepost 15.787. Agency agrees to fully reimburse MNNR for all such work. ARTICLE IV – JOINT OBLIGATIONS IN CONSIDERATION of the premises, the parties hereto mutually agree to the following: 1) All work contemplated in this Agreement must be performed in a good and workmanlike manner and each portion must be promptly commenced by the party obligated hereunder to perform the same and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthermore, any changes or modifications during construction which affect BNSF or MNNR will be subject to BNSF's and MNNR’s approval prior to the commencement of any such changes or modifications. 2) The work hereunder must be done in accordance with the Exhibit A and the detailed plans and specifications approved by BNSF and MNNR. 3) Agency must require its contractor(s) to reasonably adhere to the Project's construction schedule for all Project work. The parties hereto mutually agree that MNNR’s failure to complete the railroad work in accordance with the construction schedule due to inclement weather or unforeseen railroad emergencies will not constitute a breach of this Agreement by MNNR and will not subject MNNR to any liability. Regardless of the requirements of the construction schedule, MNNR reserves the right to reallocate the labor forces assigned to complete the railroad work in the event of an emergency to provide for the immediate restoration of railroad operations of either MNNR or its related railroads, or to protect persons or property on or near any BNSF or MNNR owned property. MNNR will not be liable for any additional costs or expenses resulting from any such reallocation of its labor forces. The parties mutually agree that any reallocation of labor forces by MNNR pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation will not constitute a breach of this Agreement by MNNR. 4) BNSF or MNNR will have the right to stop construction work on the Project if any of the following events take place: (i) Agency (or any of its contractors) performs the Project work in a manner contrary to the plans and specifications approved by BNSF; (ii) Agency (or any of its contractors), in BNSF’s opinion, prosecutes the Project work in a manner that is hazardous to BNSF property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) Agency fails to pay BNSF for the Temporary Construction License or the Easement pursuant to Article II, Section 1 of this Agreement. The work stoppage will continue until all necessary actions are ta ken