10-12-05 La Porte Redevelopment Authority Meeting minutes

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ARTICLE 4 DUTIES AND RESPONSIBILITIES OF THE CITY 4.1 Construction manager. The City agrees to act as construction manager for any contracts entered into with respect to the City Improvements including all materials and services as and when required in connection with the construction of the City Improvements. The City will obtain all necessary permits and approvals from governmental officials and agencies having jurisdiction, and provide supervision of all phases of construction of the City Improvements so as to cause the construction to be performed in accordance with the Plan. 4.2 Design of the Citv Improvements. The City shall prepare or cause to be prepared the plans and specifications for the City Improvements. City Improvements shall be designed in accordance with City standards applicable to similar public improvements within the City. 4.3 Construction contracts. The Authority shall negotiate and award all contracts for the City Improvements from among contractors qualified and approved by the City and shall be the owner ofthe facilities until completion of the contract, subject to the duty ofthe City to act as construction manager in accordance with Section 4.1, above, and to guarantee all payments to the contractor, in accordance with Section 5.1, below. 4.4 Completion. Upon completion of a contract for the construction of the City Improvements, the City shall provide the Authority with a final cost summary of all costs associated with such contract, and show that all amounts owing to contractors and subcontractors have been paid in full evidenced by customary affidavits executed by such contractors. The Authority shall immediately upon certification of the completion of any City Improvements convey them to the City for incorporation into the City public works system for all purposes. ARTICLE 5 PROJECT FINANCING AND FUNDING 5.1 The City Advances. (a) In connection with the construction of the City Improvements, the City agrees to provide sufficient funds as such become due for all costs thereof (the "City Advances"), constituting "project costs," as defined in the Act, including costs of design, engineering, materials, labor, construction, and inspection fees arising in connection with the City Improvements, all payments arising under any contracts entered into pursuant to this Agreement, all costs incurred in connection with obtaining governmental approvals, certificates or permits required as a part of any contracts entered into in accordance with this Agreement, and all related legal fees and out-of-pocket expenses incurred on behalf of the Authority in connection therewith. City Advances shall further include any amounts advanced by the City in connection with the administration of the Authority and the Zone and the design and construction of the City Improvements.