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Contract Number: BF-20583561 <br /> <br />9 of 59 <br />14) Except as otherwise provided below in this Section 13, all construction work performed <br />hereunder by Agency for the Project will be pursuant to a contract or contracts to be <br />let by Agency, and all such contracts must include the following: <br /> <br />A. All work performed under such contract or contracts within the limits of BNSF's <br />right-of-way must be performed in a good and workmanlike manner in accordance <br />with plans and specifications approved by BNSF and MNNR; <br /> <br />B. Changes or modifications during construction that affect safety or MNNR <br />operations must be subject to BNSF's and MNNR’s approval; <br /> <br />C. No work will be commenced within BNSF's right-of-way until each of the prime <br />contractors employed in connection with said work must have (i) executed and <br />delivered to BNSF an agreement in the form of Exhibit C-l, and (ii) delivered to and <br />secured BNSF's approval of the required insurance; and <br /> <br />D. If it is in Agency’s best interest, Agency may direct that the construction of the <br />Project be done by day labor under the direction and control of Agency, or if at any <br />time, in the opinion of Agency, the contractor has failed to prosecute with diligence <br />the work specified in and by the terms of said contract, Agency may terminate its <br />contract with the contractor and take control over the work and proceed to <br />complete the same by day labor or by employing another contractor(s) provided; <br />however, that any contractor(s) replacing the original contractor(s) must comply <br />with the obligations in favor of BNSF set forth above and, provided further, that if <br />such construction is performed by day labor, Agency will, at its expense, procure <br />and maintain on behalf of BNSF the insurance required by Exhibit C-1. <br /> <br />E. To facilitate scheduling for the Project, Agency shall have its contractor give <br />MNNR’s Roadmaster 90 days advance notice of the proposed times and dates for <br />work windows. MNNR and Agency’s contractor will establish mutually agreeable <br />work windows for the Project. MNNR has the right at any time to revise or change <br />the work windows, due to train operations or service obligations. MNNR will not <br />be responsible for any additional costs and expenses resulting from a change in <br />work windows. Additional costs and expenses resulting from a change in work <br />windows shall be accounted for in the contractor’s expenses for the Project. <br /> <br />15) Agency must advise the appropriate BNSF's Manager Public Projects, in writing, of <br />the completion date of the Project within thirty (30) days after such completion date. <br />Additionally, Agency must notify MNNR, in writing, of the date on which Agency and/or <br />its Contractor will meet with MNNR for the purpose of making final inspection of the <br />Project.