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funds from one or more of the Sponsoring Public Entities, undertake the acquisition of the Land <br />Interests. The Agency shall be responsible for ensuring that proper filings of each such portion <br />of the Land Interests are made in the deed records of the appropriate counties to ensure that all <br />interested parties have proper notice of the Agency's interests in the Land Interests. As each <br />deed, easement, or other evidence of an interest in real property comprising a portion of the Land <br />Interests is acquired by the Agency, a copy of such instrument, together with evidence of its <br />filing in the deed records of the counties in which such portion lies, shall, upon the written <br />request of a Sponsoring Public Entity, be given to that Sponsoring Public Entity. <br />The Agency shall acquire a title insurance policy or a title opinion showing good and <br />indefeasible title with respect to each Land Interest acquired. A copy of each such title insurance <br />policy or title opinion shall be retained in the Agency's official records. <br />Section 2.3 Comtr?action. The Agency shall, as soon as possible, and in <br />accordance with the Engineering Report, undertake to make, execute, deliver, and prosecute all <br />contracts, orders, receipts, writings, and instructions with or to other persons, and in general do <br />or cause to be done all such other things, as may be required for the proper acquisition and <br />construction of the Facilities. <br />Section 2A Selection of Project Engineer: Plans and Suecificatians: Bidding. <br />The Agency shall cause the Project Engineer to complete the Plans and Specifications and the <br />other materials to be used in construction of the Facilities and to perform such other engineering <br />tasks as shall be necessary for construction of the Facilities. The bid documents may include <br />appropriate alternatives to assure the most advantageous price consistent with expeditious <br />completion. The specifications for the Project may include as an owner cost any or all insurance <br />coverages either required by law or deemed necessary or advisable by the Agency. Upon <br />obtaining the approval of the Board of Directors of the Agency of the Plans and Specifications <br />and bid documents, the Agency, through its Project Engineer, will promptly advertise for bids for <br />the Project to the extent and as required by law. The Agency may break the construction of the <br />Facilities into several contracts or phases as it determines is best for the timely acquisition and <br />construction of the Facilities. After the receipt of bids, the Agency shall identify the lowest <br />responsible bidder(s) and award the contract(s). If all bids are rejected, bids will again be <br />solicited, following the procedure outlined above in this Section, until such time as bids <br />satisfactory to the Agency have been received. The Agency shall not be obligated to award a <br />construction contract unless the proceeds from the Bonds are available to pay the contract(s). <br />Section Alteraati:e Nledwd Jr Cn truct6n Precar MUM. If authorized <br />under applicable laws, the Agency may procure the design and construction services for the <br />Facilities using an alternative procurement method, such as design-build or construction <br />manager-at-risk. If so authorized, and if the Agency Hoard of Directors approves the use of an <br />alternative procurement method, the Agency shall proceed to select the contractor and contract <br />for the design and construction of the Facilities in compliance with all applicable laws. <br />Sera6 Li. Neither the Sponsoring Public Entities nor the Agency will <br />create or permit or suffer to exist any lien, encumbrance, or charge upon the Project or any <br />interest therein at any time, except Permitted Liens. <br />Section 2.7 Revisions of Plans. The Plans and Specifications may be revised <br />prior to the Completion Date. <br />-9-