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3.5 Following the award of the Construction Contract, City staff will oversee execution <br />of the contract documents and notify the Board of Directors of The Village when all <br />conditions precedent, including bonding and insurance requirements, have been <br />met. After the Board of Directors of The Village has received such notification <br />from City staff, the notice to proceed will be issued by the Village to the Contractor. <br />N. City's Duties - Construction Phase of the Project. <br />4.1 The City shall obtain contractual rights from The Village to monitor Contractor's <br />compliance with all terms and conditions of the Construction Contract including but <br />not limited to compliance with the Davis-Bacon Act. City staff shall notify <br />Contractor, in writing of any deficiencies or defaults; <br />4.2 The City shall obtain contractual rights from The Village to inspect the work done <br />by the Contractor to verify the delivery of materials and completion of work as <br />represented in each payment draw; <br />4.3 City staff will review and approve payment draw requests and supporting <br />documentation, following review by The Village, and forward them to the County <br />for payment. <br />V. County's Duties - Construction Phase of the Project. <br />5.1 Subject to the conditions precedent cited in Section 6.2 of this Agreement, County <br />shall pay an amount not to exceed $1,618,417 for the construction of the Project <br />from lawfully available current funds for the construction of the Project. <br />5.2 County shall promptly pay the Contractor directly upon the County's approval of <br />each payment draw, less a 10% retainage, following approval by the City and The <br />Village. After release of retainage is authorized by Hays County's Special Counsel