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MnDOT Contract: 1058084 <br />-6- <br />City-County Payable Standard with Signal <br />ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota <br />Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when <br />responding to an emergency. The County and the City will provide the State's District Engineer or <br />their designated representative a list of all vehicles with emitter units, if requested by the State. <br />iii. Malfunction of the EVP Systems must be reported to the State immediately. <br />iv. In the event the EVP Systems or its components are, in the opinion of the State, being misused or <br />the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues <br />after the County and the City receive written notice from the State, the State may remove the EVP <br />Systems. Upon removal of the EVP Systems pursuant to this Paragraph, all of its parts and <br />components become the property of the State. <br />v. All timing of the EVP Systems will be determined by the State. <br />6.3. Right-of-Way Access. Each party authorizes the other party to enter upon their respective public <br />right-of-way to perform the maintenance activities described in this Agreement. <br />6.4. Related Agreements. This Agreement will supersede and terminate the operation and maintenance terms <br />of Agreement 88030R, dated July 28-2005, between the parties for the intersection of TH 61 at Frenchman <br />Road/CSAH 8. This Agreement will supersede and terminate the operation and maintenance terms of <br />Agreement 84408M, dated May 9, 2003, between the parties for the intersection of TH 61 at 140th Street <br />N/CSAH 8/Egg Lake Road N. <br />7. Basis of State Cost <br />7.1. Schedule "I". The Preliminary Schedule "I" includes anticipated State participation construction items and <br />the construction engineering cost share covered under this Agreement. <br />7.2. State Participation Construction. The State will participate in the following at the percentages indicated. <br />The construction includes the State's proportionate share of item costs for mobilization and traffic control. <br />A. 100 Percent will be the State's rate of cost participation in all of the construction shown on Sheets 2 <br />through 4 of the Preliminary Schedule "I," up to the capped amount of State funds. The State funds <br />available for this construction are capped at $985,000.00. <br />B. 100 Percent will be the State's rate of cost participation in all of the drainage construction shown on <br />Sheet5 of the Preliminary Schedule "I." <br />7.3. Construction Engineering Costs. The State will pay a construction engineering charge equal to 8 percent of <br />the total State participation construction, up to the capped amount, covered under Article 7.2.A and the <br />total State participation construction covered under Article 7.2.B. <br />7.4. Addenda, Change Orders, Supplemental Agreements, and Work Orders. The State will share in the costs <br />of construction contract addenda, change orders, supplemental agreements, and work orders that are <br />necessary to complete the State participation construction covered under this Agreement and are <br />approved in writing by the State District Engineer's authorized representative. <br />7.5. Liquidated Damages. All liquidated damages assessed the City/County'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 />8. State Cost and Payment by the State <br />8.1. State Cost. $1,077,209.32 is the State's estimated share of the costs of the contract construction, which <br />includes the construction engineering cost share and a contingency amount as shown in the Preliminary