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MnDOT Contract No.: 1048647 <br />5.5. Plan Changes, Additional Construction, Etc. The City will share in the costs of construction contract <br />addenda and change orders that are necessary to complete the City participation construction covered <br />under this Agreement, including any City requested additional work and plan changes. <br />The State reserves the right to invoice the City for the cost of any additional City requested work and plan <br />changes, construction contract addenda, change orders, and associated construction engineering before <br />the completion of the contract construction. <br />5.6. Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the <br />construction contract will result in a credit shared by each party in the same proportion as their total <br />construction cost share covered under this Agreement is to the total contract construction cost before any <br />deduction for liquidated damages. <br />6. City Cost and Payment by the City <br />6.1. City Cost. $89,656.78 is the City's estimated share of the costs of the contract construction, State <br />Furnished Materials and the construction engineering cost share as shown in the Preliminary Schedule "I". <br />The Preliminary Schedule "I" was prepared using estimated quantities and unit prices, and may include any <br />credits or lump sum costs. Upon award of the construction contract, the State will prepare a Revised <br />Schedule "I" based on construction contract unit prices, which will replace and supersede the Preliminary <br />Schedule "I" as part of this Agreement. <br />6.2. Conditions of Payment. The City will pay the State the City's total estimated construction and construction <br />engineering cost share, as shown in the Revised Schedule "I", after the following conditions have been <br />met: <br />A. Execution of this Agreement and transmittal to the City, including a copy of the Revised Schedule "I". <br />B. The City's receipt of a written request from the State for the advancement of funds. <br />6.3. Acceptance of the City's Cost and Completed Construction. The computation by the State of the amount <br />due from the City will be final, binding and conclusive. Acceptance by the State of the completed contract <br />construction will be final, binding, and conclusive upon the City as to the satisfactory completion of the <br />contract construction. <br />6.4. Final Payment by the City. Upon completion of all contract construction and upon computation of the final <br />amount due the State's contractor, the State will prepare a Final Schedule "I" and submit a copy to the <br />City. The Final Schedule "I" will be based on final quantities, and include all City participation construction <br />items and the construction engineering cost share covered under this Agreement. If the final cost of the <br />City participation construction exceeds the amount of funds advanced by the City, the City will pay the <br />difference to the State without interest. If the final cost of the City participation construction is less than <br />the amount of funds advanced by the City, the State will refund the difference to the City without interest. <br />The State and the City waive claims for any payments or refunds less than $5.00 according to Minnesota <br />Statutes § 15.415. <br />7. Basis of County Cost <br />7.1. Schedule "I". The Preliminary Schedule "I" includes all anticipated County participation construction items, <br />State Furnished Materials lump sum amounts, and the construction engineering cost share covered under <br />this Agreement, and is based on engineer's estimated unit prices. <br />7.2. County Participation Construction. The County will participate in the following at the percentages <br />indicated. The construction includes the County's proportionate share of item costs for Mobilization and <br />Traffic Control. <br />-5- <br />Three Party City-County Receivable Standard with Signal (Cooperative Agreements) <br /> <br />