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<br /> , ,ctf! <br /> Page 7 of 12. <br /> ARTICLE 5 <br /> PROJECT COSTS <br /> 5.01 The parties agree to share in the cost and expenses incurred in the design, <br /> construction administration, and construction of the Project in accordance with the terms <br /> and provisions set forth in this Article 5. The costs that will be shared incJude, but are not <br /> limited to, the costs of construction payable by the City as the Owner under the <br /> Construction Contract for the Project and all costs and expenses incurred under the terms <br /> of the Professional Services Agreement for the Project design. The Project costs will be <br /> separated and paid in three phases. <br /> (a) Phase One - The City and the pOL agree that the DOL will be <br /> responsible for 100% of all design and engineering fees and costs. <br /> Upon execution of this Agreement and notice from the City to the DOL <br /> that it is prepared to commence work, and upon DOL review and <br /> approval, payment will be made to the City for the purpose of <br /> preparing the design and engineering needed for the Project. <br /> Included in the payment will be a negotiated administrative flat fee of <br /> $26,400.00, as reimbursement to the City for its role as Project <br /> Manager. <br /> (b) Phase Two - The City and the DOL agree that the DOL will be <br /> responsible for 100% of the 'cost of the Project, less the incremental <br /> cost of any oversized improvements requested by the City. Upon <br /> identification of the most responsive and responsible bid, the City will <br /> submit the bid to the DOL for its review and approval. The DOL <br /> agrees that it will within 30 calendar days of receipt by the DOL of the <br /> Project Manager's recommendation for award of the construction <br /> contract, either reject the bid or submit payment to the City-for the full <br /> amount of the construction price, less the cost of any oversized <br /> improvements requested by the City. The DOL agrees to submit its <br /> payment prior to the award of the contract for construction. <br /> (c) Phase Three - The City and the DOL agree that the DOL is <br /> responsible for 100 % of the cost of change orders not related to <br /> C:\OF F ICE\WPWI N\W P 0 0 CSIMAR I O. OR 0\00 L -AMO.M R K <br />