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Distnct Agreement No. 4-1964-C 015599 may withhold an equal amount from future apportionments due CITY from the Highway User Tax Fund. 40. To retain or cause to be retained for audit by STATE or other government auditors for a period of three (3) years from date of FHWA payment of final voucher, or four (4) years from date of final payment under the contract, whichever is longer, all records and accounts relating to construction of PROJECT. SECTION II STATE AGREES: 1. To deposit with CITY within twenty (20) days of receipt of billing [which billing will be forwarded fifteen (15) days prior to CITY's award of a construction contract for PROJECT], the amount of $250,000. Said figure represents STATE's share of the estimated initial deposit for one month estimated construction capital cost required to complete PROJECT. STATE's total obligation for said anticipated PROJECT costs, exclusive of claims and excluding costs referred to in Section III, Article 16 of this Agreement, shall not exceed the amount of $7,600,000, as shown on Exhibit A. 2. To deposit with CITY not later than ten (10) working days preceding the beginning of each month, the estimated expenditures for that month, and to continue making such advance deposits on a monthly basis until completion of PROJECT construction. 3. STATE's share of the construction cost, estimated to be $7,600,000, shall be an amount equal to fifty-two percent (52%) of the total actual construction cost, including the cost of construction-related claims and the cost of CITY's defense of any of those claims, as determined after completion of work and upon final accounting of costs. 4. STATE's share of the expense for right of way capital and right of way acquisition shall be an amount equal to zero percent (0%) of the total actual right of way capital and right of way acquisition cost. 5. STATE's share of the expense of preliminary engineering shall be an amount equal to zero percent (0%) of CITY's actual costs for preliminary engineering for the entire PROJECT. 6. To pay CITY upon completion of all work and within twenty (20) days of receipt of a detailed statement made upon final accounting of costs therefor, any amount over and above the aforesaid advance deposit required to complete STATE's financial obligation pursuant to this Agreement, provided that STATE's total obligation does not exceed the amounts as stipulated in Articles 1 and 3 of this Section II, exclusive of utilities referred to in Section III, Article 16 of this Agreement. 7. To issue, at no cost to CITY, upon proper application by CITY, an encroachment permit to CITY authorizing entry onto STATE's right of way to perform survey and other investigative activities required for preparation of the ED andj or PS&E. If CITY uses consultants or contractor rather than its own staff to perform required work, the consultants or contractors will also be required to obtain an encroachment permit. The permit will be issued at no cost upon proper application by the consultants. 6 ......-... ---. .. -... T .