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<br />· <br />¢. <br />, <br />3. That prior to initiation of the bidding and construction provisions set <br />forth in paragraph five of this agreement, the CITY shall deposit with the STATE <br />its two-thirds share of the construction cost estimate, and the total amount will be <br />deposited in the State Treasury in a special fund for this project. <br />4. The CITY shall provide without cost to the STATE all lands, easements, and <br />rights-of-way necessary for the construction of the project. <br />5. That after final plans, specifications, and estimates have been approved by the <br />STATE, the CITY agrees to serve as the contracting agency, with full responsibility for <br />advertising for construction bids, awarding contracts, inspecting project work êIldmateria1s <br />Performance bonds, as generally required by the CITY, shall be required of successful <br />bidders on the project. The CITY shall forward all proposed construction contracts and <br />bid tabulations relating thereto, together with its recommendations, to the STATE, for <br />approval by the STATE, before entering into any binding contracts relating thereto. <br />6. Upon approval of the contract award by both the STATE and CITY, the STATE will <br />encumber funds to the Contractor(s) tp cover the project costs for work to be performed <br />under this agreement. All periodic invoices for work performed by contractors, which <br />invoices are approved by the CITY, shall be forwarded to the STATE for payment by the <br />STATE from said funds. <br />7. If, in the opinion of the CITY, work should be performed which is not specifically <br />covered in the approved project plans and specifications, approval of such work by both <br />the STATE and CITY must be first mutually agreed upon. In the event the STATE cannot <br />concur therein, no such work shall be done. No changes. additions or deletions. shall <br />be made in the approved plans and specifications for this project without the express <br />written approval of the STATE. <br />8. That if during construction of this Project some condition is encountered which <br />will require an over run in quantities, above those contained in the original contract. <br />the CITY will immediately call the matter to the attention of the STATE and no further <br />work will be performed on this item on which the over run will occur until the'amount <br />thereof and the method of payment therefore is mutually agreed to. <br />9. Th~ final invoice for construction will not be paid by the STATE until the project <br />has been inspected and approved by the Chief Engineer of the Department of Natural <br />Resources. <br />10. Upon payment of the final invoice by the STATE for work performed on this project. <br />the STATE will refund to the CITY any and all unexpended project funds which were <br />deposited by the CITY into the Special Fund of the State Treasury in excess of the CITY's <br />two-thirds share of the project cost <br /> 2 <br />n ; <br />.....' ; <br />