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5. The State agrees to pay the entire cost of the work to be per- <br /> formed under- the contract to 'be let by the State, including the State's <br /> supervision of the contract work, provided, however: <br /> • a.) that nothing herein contained shall- prevent the State from <br /> pursuing and enforcing any of its common law and statutory <br /> rights, which it may have against any tortfeasor, including <br /> any contractor and the Company; <br /> b.) that when the Company has liability or obligation to the <br /> United States or the State for any portion of the railway- <br /> highway project, the Company shall pay its share of the <br /> railway-highway project in the manner and to the extent <br /> set forth elsewhere- in this agreement. <br /> 6. The provisions contained in Federal-Aid Highway Program Manual, <br /> Volume 6, Chapter 6, Section 2, Subsection' l, and Volume 1, Chapter 4, <br /> Section 3, shall apply to the railway-highway project, regardless .of the <br /> method of financing the project. <br /> 7. If the Company enters into a contract or agreement with a con- <br /> tractor, to perform all or any portion of the Company's work set forth in this <br /> agreement, the Company for itself, its assigns and successors in interest, <br /> agrees that it will not discriminate in its choice of contractors and will <br /> include all of the nondiscrimination provisions set forth in APPENDIX "A", <br /> attached hereto and.made apart hereof, in any such contract or agreement. <br /> B. The Company agrees that its representative in charge of the work <br /> • set forth in this agreement shall furnish the State's Engineer in charge of <br /> the project: <br /> a.) "Form 7094, Minnesota Department of Transportation, Payroll <br /> Monthly Report", signed in duplicate, showing the number <br /> of men on payroll, classification, total worked and <br /> starting, stopping, resumption and completion dates for <br /> each month, not later than the week follo:•ling the month in <br /> which the work was performed. <br /> b.) Upon request, full detailed information as to progress of <br /> work and amount of labor and material used as of the time <br /> of request. <br /> In addition to the foregoing records and acts, the Company will, from <br /> time to time, make such other reports, keep such other records and .perform <br /> such other work in such manner and time as may be necessary to enable the <br /> State to collect and obtain available Federal Aid. <br /> 9. To the extent set forth in this agreement, the State will re- <br /> imburse the Company for actual expense incurred performing the work set forth <br /> in this agreement. Payments will be made in accordance with the following; <br /> I: llIBIT "A" - Page 2 , <br /> 9-1-80 <br />