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District Agreement No. 4-1933-C <br /> <br />9. To pay STATE after completion of all work and within twenty-five (25) working days <br /> after receipt of a detailed statement made upon fial accounting of costs therefor, any <br /> amount over and above the aforementioned payments required to complete CITY's <br /> financial obligation pursuant to this Agreement. <br /> <br /> 10. To certify that funds are allocated for expenditure for the total cost of IMPROVEMENT, <br /> upon execution of this Agreement. <br /> <br /> SECTION III <br /> <br />IT IS MLrrUALLY AGREED: <br /> <br />1. All obligations of STATE under the terms of this Agreement are subject to the <br /> appropriation of resources by the Legislature and the allocation of resources by the <br /> California Transportation Commission <br /> <br />2. Upon completion of all work under this Agreement, ownership and title to materials, <br /> equipment and appurtenances installed IMPROVEMENTS will automatically be vested <br /> in CITY and no further agreement will be necessary to transfer ownership from STATE. <br /> <br />3. After opening of bids for construction of PROJECT, CITes estimate of cost will be <br /> rev/sed based on actual bid prices. CITY's required deposit trader Section II, Article (1) <br /> above will be increased or decreased to match said revised estimate. If deposit increase <br /> or decrease is less than $25,000 no refund or demand for additional deposit will be <br /> made until final accounting. <br /> <br />4. If. upon opening of bids for PROJECT, it is found that the lowest responsible bid <br /> exceeds the Engineer's Estimate by more than 20%, STATE and CITY shall consult upon <br /> a course of action. If, after fifteen (15) days, a course of action is not agreed upon, this <br /> Agreement shall be deemed to be terminated by mutual consent pursuant to Article (5) <br /> of this Section III. <br /> <br /> 5. If any protection, relocation or removal of utilities is required, such work shall be <br /> performed in accordance with STATE's policy and procedure for those facilities located <br /> within the limits of work providing for the improvement to the State highway and in <br /> accordance with CITY policy for those facilities located within the lin)its of work <br /> providing for the IMPROVEMENT. <br /> <br /> 6. Prior to advertising of bids for the construction contract for PROJECT, CITY may <br /> terminate this Agreement, in writing, provided that CITY pays STATE for all <br /> IMPROVEMENT-related costs incurred by STATE under terms of this Agreement. <br /> <br /> 7. In the construction of IMPROVEMENT, CITY may, at no cost to STATE, furnish <br /> representative, if it so desires. Said representative and STATE's Resident Engineer will <br /> cooperate and consult with each other, but the decisions of STATE's Resident Engineer <br /> shall prevail as final, binding and conclusive in all matters concerning that portion of <br /> the PROJECT construction contract that relates to IMPROVEMENT. <br /> <br /> 8. If any unforeseen potential hazardous waste sites are encountered during construction <br /> of IMPROVEMENT, STATE and CITY shall meet and confer on a course of action. The <br /> responsibilities and costs for any action shall be covered by amendment to this <br /> Agreement. <br /> <br /> 4 <br /> <br /> <br />