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r <br />84970 <br />8»ction D. Satiafactory Coapletlon of Contract <br />The State shall perform all other acts and functions necessary to <br />cause the construction contract to be conpleted in a satisfactory <br />manner. Acceptance by the State of the con^>leted contract <br />construction shall be final, binding and conclusive upon the City as <br />to the satisfactory completion of the contract construction. <br />ARTICLE II - 1N8PBCTIOH BY THE CITY <br />The City cost participation construction covered under this Agreement <br />shall be open to inspection by the City. If the City believes the <br />City cost participation construction covered under this Agreement has <br />not been properly performed or that the construction is defective, <br />the City shall inform the State District Engineer's authorized <br />representative in writing of those defects. Any recommendations made <br />by the City are not binding on the State. The State shall have the <br />exclusive right to determine whether the State's contractor has <br />satisfactorily performed the City cost participation construction <br />covered under this Agreement. <br />ARTICLE III - BASIS OF PAYMENT BY THE CITY <br />Section A. SCHEDULE *1* <br />A Preliminary SCHEDULE "I" is attached and incorporated into this <br />Agreement. The Preliminary SCHEDULE "I" includes all anticipated <br />City cost participation construction items and the construction <br />engineering cost share covered under this Agreement, and is based on <br />engineer's estimated unit prices. <br />Section B. City Cost Participation Construction <br />The City shall, at the percentage indicated, participate in the <br />following construction to be performed upon, along and adjacent to <br />Tzxink Highway No. 12 from 0.77 miles west of Old Crystal Bay Road to <br />0.31 miles east of Luce Line Trail within the corporate City limits <br />1