2025.10.06 CC Packet - Laserfiche WebLink

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Contract Number: BF-20583561 12 of 59 by Agency or its contractor to rectify the situation to the satisfaction of BNSF’s Division Engineer or until proof of additional insurance has been delivered to and accepted by BNSF. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, BNSF may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of BNSF or MNNR. BNSF’s right to stop the work is in addition to any other rights BNSF may have including, but not limited to, actions or suits for damages or lost profits. In the event that BNSF desires to stop construction work on the Project, BNSF or MNNR agrees to immediately notify the following individual in writing: _Bryan Bear _City Administrator_ _14669 Fitzgerald Avenue North __ _Hugo, MN 55038_ 5) Agency must supervise and inspect the operations of all Agency contractors to ensure compliance with the plans and specifications approved by MNNR, the terms of this Agreement and all safety requirements of BNSF. If BNSF or MNNR determines that proper supervision and inspection are not being performed by Agency personnel at any time during construction of the Project, BNSF or MNNR has the right to stop construction (within or adjacent to its operating right-of-way). Construction of the Project will not proceed until Agency corrects the situation to BNSF’s and MNNR’s reasonable satisfaction. If BNSF and MNNR feels the situation is not being corrected in an expeditious manner, BNSF will immediately notify [___Bryan Bear__] for appropriate corrective action. 6) Pursuant to this section and Article II, Section 6 herein, Agency must reimburse MNNR in full for the actual costs of all work performed by MNNR under this Agreement (including taxes, such as applicable sales and use taxes, business and occupation taxes, and similar taxes), 7) All expenses detailed in statements sent to Agency pursuant to Article II, Section 6 herein will comply with the terms and provisions of the Title 23 U.S. Code, Title 23 Code of Federal Regulations, and the Federal-Aid Policy Guide, U.S. Department of Transportation, as amended from time to time, which manual is hereby incorporated into and made a part of this Agreement by reference. The parties mutually agree that BNSF's and MNNR’s preliminary engineering, design, and contract preparation costs described in Article II, Section 2 herein are part of the costs of the Project even though such work may have preceded the date of this Agreement.