Res 2017-139/Whisper finance agreement

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Manager with full responsibility for the design, the designation of easement locations, facilities site designations and acquisitions, supervision of construction, and the bidding and letting of construction contracts for the construction of the Public Improvements in accordance with the provisions of this Article III and in accordance with any requirements of the City and, as applicable, City approved plans. (b) Except as otherwise provided herein, inspection of the construction of any Public Improvement being conveyed to the City will be by City Construction Representative or its designee. Any City inspection of a Public Improvement being conveyed to the City will be in accordance with any requirements of the City. (c) Whisper MC shall be entitled to a separate Construction Management Fee for the construction of each Segment, unless Whisper MC contracts with a third party to act as the Construction Manager with respect to construction of the Public Improvements. The Construction Management Fee is part of Actual Costs and will be paid as part of the Actual Costs. (d) The City shall cooperate with Whisper MC in connection with its services as Construction Manager. (e) Whisper MC shall designate the consulting engineers for the Public Improvements for the compensation specified by Whisper MC. Section 3.03. Designation of Construction Manager Subcontractor The City acknowledges and agrees that Whisper MC may subcontract out all or some of the duties of Construction Manager to a third party. Whisper MC may designate an individual, company, or partnership or other entity as a subcontractor for construction management services for one or more Public Improvements or distinct Segments thereof provided that such designee has the technical capacity, experience and expertise to perform such construction management duties or obligations. Whisper MC may make such designation under the same terms as set out in Section 8.03(a) of this Agreement. Section 3.04. Maintenance of Project, Warranties Unless otherwise provided for, the Owners (or the Owner's Association, as applicable) shall maintain each Public Improvement (or Segment thereof) in good and safe condition until such Public Improvement (or Segment thereof) is accepted by the City. The City's acceptance of Public Improvements shall be in accordance with the City's standard rules and procedures for the type of improvements being constructed. Prior to such acceptance, the Owners shall be responsible for performing any required maintenance on such Public Improvement. On or before the acceptance by the City of a Public Improvement (or Segment thereof), the Owners shall assign to the City all of the Owners' rights in any warranties, guarantees, maintenance obligations, or other evidences of contingent obligations of third persons with respect to such Public Improvement (or Segment thereof). 7 WHISPER PID FINANCING AGREEMENT