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M n DOT Agreement No. 1033695 3.3.2. The Company shall bear the entire cost of the modification without contribution from the Local Agency if railway improvements necessitate a rearrangement of the signal system at this crossing. 3.3.3. The Company shall negotiate a separate agreement with the Local Agency whereby the Local Agency shall pay the cost if highway improvements necessitate a modification of the signal system at this crossing. 4. Billing and Payment 4.1. Cost Estimate.The State, Local Agency and Company have agreed upon an estimated cost for the installation of the signal system to be installed by the Company or its contractor. Estimated Signal Cost 90%State Funds (reimbursable with Federal Funds) $233,177.27 10% Local Agency Funds $25,908.58 Total Estimated Cost $259,085.85 4.2. Work Changes. In the event it is determined that a change from the statement of work to be performed by the Company, as outlined in paragraph 2.1, is required, it will be authorized only by an amendment to this Agreement executed prior to the performance of the work involved in the change. 4.3. Cost Sharing: Each party will receive a bill setting forth its proportional share of the costs whenever a project billing is submitted. 4.4. Reimbursement 4.4.1. The State shall pay the Company only for such items of work and expense as are proper and eligible for payment, as provided in 23 Code of Federal Regulations including, but not limited to, Parts 1, 140 , 172 and 646 (hereinafter called, "23 CFR"). Only materials actually incorporated into the project will be eligible for reimbursement. Actual costs include taxes, such as applicable sales and use taxes, gross receipts taxes, business and occupation taxes, and similar taxes. Payments will be made in accordance with the following: (a) State shall make payments in accordance with Minnesota Statutes §16A.124. (b) Invoices for labor and materials ("partial invoices") may be submitted on a periodic basis during the term of the project, but not more frequently than once per month. These valid partial invoices will be paid 30 days from the date they are received by the Office of Freight and Commercial Vehicle Operations. (c) Partial invoices that are not approved due to disputed items will be returned to the Company with a request for an explanation for any disputed items. If the dispute is resolved,the State shall pay the Company within 30 days of receiving a corrected invoice.The State may pay the non-disputed portion of any disputed invoice. (d) Partial invoices must be based on actual (not estimated) costs incurred. Partial invoices need not be itemized, but State must be able to substantiate costs by checking the Company's records. (e) Final invoices must be submitted within 120 days of the completion of the reimbursable railroad work. Invoices submitted after this date, and less than one (1) year after the last activity on the project will not be paid, unless good cause is shown for the delay in the submission of the invoice. In accordance with federal regulations, 23 CFR 140.922, any final invoice received more than one (1) year after the last reimbursable railroad work will not be paid. 4