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<br />DRAFT #6 <br /> <br />2 <br /> <br />final record drawings upon completion of construction. The La Porte Zone and La Porte Authority agree to <br />reimburse the City for said costs according to terms and provisions of a separate agreement. <br /> <br />5. The Developer recognizes that the Zone and Authority have authorized the City to act on their behalf as the <br />construction manager of the project. <br /> <br />6. It is recognized that the developer has retained the services of a Professional Engineering firm to design the <br />infrastructure for the development identified as the Lakes at Fairmont Greens (Exhibit A). Furthermore, it is <br />recognized that certain efficiencies exist in utilizing the same Professional Engineering firm to design the <br />Project and all parties agree to utilize the same firm as the Project Engineer with the following stipulations. <br /> <br />a.) Developer has provided to the City a copy of the Professional Engineering Services Agreement, scope of <br />services and fee for services which have been approved by the City in a letter dated <br />b.) Progress payments shall be made by the Authority jointly to the Developer and Engineer according to the <br />fee schedule supplied pending successful completion of each milestone. <br />c.) The City shall have final authority regarding any design decisions relating to the Project and any progress <br />payments to the Developer and Project Engineer. <br /> <br />7. Upon final approval of the Design Drawings for the Project, the Developer shall have the Project Engineer <br />furnish for the Project Contracting and Construction and Project Closeout Services as defined in Exhibit B to <br />this agreement. Additionally, the City may require special conditions to be included in the project manual. <br /> <br />The Developer agrees that the City shall have reView and approval authority during the bidding and <br />construction phase services provided by the Developer's Engineer. <br /> <br />8. Subject to the provisions of this agreement, City hereby agrees to the design, construction and installation of <br />the Project according to the plans and specifications to be prepared by the Project Engineer and approved by the <br />City. Upon final approval of plans and specifications, Developer will solicit no less than three (3) competitive <br />bids for construction of the project each from a contractor with demonstrated experience in construction of <br />public utility mains, lift stations and related infrastructure. When received, the Project Engineer shall tabulate <br />the bids and a copy of said tabulation shall be provided to City. The Developer shall recommend and City shall <br />approve the selection of a contractor based on the competitive bids and City shall authorize construction of said <br />Project. City, in its approval of the contractor, may take into account the overall costs for installation of other <br />public infrastructure to serve Section I of the Lakes at Fairmont Greens. <br /> <br />9. The City has available $645,000 for the Project. In the event the Project costs, after bid opening, are estimated <br />to be greater than the amount available, the parties shall have the following options: <br />