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<br />015599 <br /> <br />Distnct Agreement No. 4-1964-C <br /> <br />Agreement exceed the amount of $580,000, provided that CITY may, at its sole discretion, <br />in writing, authorize a greater amount. <br /> <br />31. To account for all PROJECT costs to be paid for by STATE pursuant to this Agreement. <br /> <br />32. To submit an initial billing in the amount of $250,000 to STATE fifteen (15) days prior to <br />CITY's bid advertising date of a construction contract for PROJECT. Said initial billing <br />represents STATE's share for one month estimated construction capital cost. <br /> <br />33. Thereafter, to prepare and submit to STATE monthly billing statements for estimated <br />expenditures for construction one month in advance as construction of PROJECT <br />proceeds. <br /> <br />34. To consult with STATE on all change orders with an estimated cost of over $50,000 before <br />implementation, except when necessary for the safety of motorists and/ or pedestrians or <br />for the protection of property. <br /> <br />35. To provide STATE quarterly reports of actual expenditures compared to the monthly <br />advances made by STATE and to provide updated planned reimbursement schedules. The <br />payment amounts may be revised based on updated planned expenditures. CITY will <br />monitor the actual versus the planned expenditures monthly to assure that STATE <br />payments pursuant to Section II, Articles 1 and 2 will always be sufficient. <br /> <br />36. Upon completion of PROJECT and all work incidental thereto, to furnish STATE with a <br />detailed statement of the portion of preliminary engineering, construction, and <br />construction engineering costs to be borne by STATE, including resolution of any <br />construction-related claims which have been allowed to the construction contractor. CITY <br />thereafter shall refund to STATE, promptly after completion of CITY's final accounting of <br />PROJECT costs, any amount of STATE deposits required in Section II, Articles 1 and 2 <br />remaining after actual costs to be borne by STATE have been deducted, or to bill STATE <br />for any additional amount required to complete STATE's financial obligations pursuant to <br />this Agreement, subject to the limitations of STATE's participation as stipulated in Section <br />II, Articles 1 and 3. <br /> <br />37. To submit a final report of expenditures to STATE within one hundred twenty (120) days <br />after completion and acceptance of the construction contract for PROJECT by CITY. <br /> <br />38. Within sixty (60) days following the completion and acceptance of the PROJECT <br />construction contract, to furnish STATE a complete set of acceptable full sized <br />reproducible As-Built plans on a CD-ROM (MicroStation.dgn file Release 5.0 or later) <br />complying with STATE's current CADD Users Manual and STATE's current Drafting and <br />Plans Manuals and all contract records, including surveys documents and all corrected <br />original full size structure plans. The As-Built plans must also show all the detailed <br />information required by paragraph 9.h of the variance (00-V-RAR-02) issued by the <br />Department of Toxic Substance Control (DTSC) to STATE regarding the reuse of aerially <br />deposited lead in soil within the PROJECT limits. <br /> <br />39. If CITY terminates PROJECT prior to completion of the construction contract for <br />PROJECT, STATE may require CITY, at CITY expense, to return right of way to its original <br />condition or to a condition of acceptable permanent operation. If CITY fails to do so, <br />STATE reserves the right to finish PROJECT or place PROJECT in satisfactory permanent <br />operation condition. STATE will bill CITY for all actual expenses incurred and CITY agrees <br />to pay said expenses within thirty (30) days or STATE, acting through the State Controller, <br /> <br />5 <br /> <br />.....-.-...-.. ----T <br />