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-12- 11 .0 LIABILITY TO THIRD PARTIES Nothing in this contract is intended to be construed as a waiver of the Minnesota Torts Claim Act, Minn. Stat. § 3.136 et seq. (1986) or any other -law, legislative or judicial , limiting government liability. 12.0 COST RECOVERY The City agrees to cooperate and coordinate with the efforts by the EPA and the State to recover the EPA and State costs for the RA taken at the Site described 'herein, including the negotiation of settlement and the filing and management of any judicial actions against potentially responsible parties. This shall include, making available evidence and witnesses in the preparation and presentation of any EPA or State cost recovery action, except any aocuments or information which may be confidential under the provisions of any applicable State or Federal laws or regulations. 13.0 PRE-FINAL INSPECTIONS The City shall participate in the pre-final construction conference, to be held upon preliminary project completion, to discuss the remedial action and operation and maintenance requirements. The State will provide the City five working days advance notice of, and an agenda for, this meeting. The City also shall participate in the pre-final inspection of the remedy to determine the project's completeness. The State Project Manages (.PM) will provide the pre-final inspection report to the City for review. This report will outline outstanding construction items, actions required to resolve them, and anticipated completion dates for these actions. The City shall return any comments to the State PM within five working days of receipt of the inspection report. 14.0 FINAL INSPECTION Following completion of remedial action, the City, the State, EPA, and/or the remedial contractor will jointly inspect the project to confirm that all. outstanding construction items are resolved. Upon the State's approval of the final inspection report the remedial action will be ready for service. 15.0 REMEDIAL ACTION REPORT The State will prepare an Interim RA report at the completion of the RA Construction described in this Contract. This report shall be submitted to the City for review within sixty (60) days after the joint EPA/State/City Final Inspection. This report will describe outstanding construction items from the pre-final inspection and indicate that disputed items were resolved; summarize work defined i.n the Statement of Work (SOW) for the GAC facility construction Contract and certify that this work was performed; explain any modifications to work in the SOW and why these were necessary for the project; and certify that the remedy is functional and operational .