Res 2003-167 - Laserfiche WebLink

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respective percentages of Phase 1 Project costs to the date of withdrawal, and B) the withdrawing Party will have no further rights and no further Reserved Capacity in either the Phase 1 Project or the Phase 2 Proj ect under this Agreement. The Phase 1 Project Manager will refund any escrowed funds of a withdrawing Party in excess of the Party's respective share of expenses, within 30 days of the date of withdrawal. The Phase 1 Engineer will calculate an adjustment to the cost sharing percentages in the attached Exhibit C-l on a pro rata basis to reflect the Party's withdrawal with respect to remaining Phase 1 Project costs, and the Phase 1 Project Manager will provide a copy of this calculation to the remaining Parties. The adjusted cost sharing percentages will be binding on the remaining Parties. 2. If the Phase 1 Project Manager has executed the construction contract for the Phase 1 Project, the Party may offer to assign its interest in this Agreement to the other Parties, or to other owners of land that may be served by the Phase 1 Facilities. The remaining Parties agree to honor any such assignment, subject to the terms of this Agreement and the assignee's compliance with the obligations of the assignor in this Agreement. B. rfthe withdrawal by one or more ofthe Parties causes the City's adjusted share of the total Phase 1 Project costs to exceed $732,640.18, the City reserves the right to direct the Phase 1 Engineer, through the Project Manager, to reduce the scope of the Project, as long as the capacity in the Facilities remains sufficient to cover the reservations identified for the other Parties. If the City elects to reduce the Project scope, the City will notifY the Project Manager in writing, and the Engineer will perform all design services necessitated by the reduction (to be paid for at the sole cost of the City), and will calculate an adjustment to the cost sharing percentages in tlle attached Exhibit C-l to reflect the reduction in scope. 2. Phase 2 Project. The Parties acknowledge and agree that the Phase 2 Parties are the only parties to this Agreement with respect to the Phase 2 Project. 2.1. Designation of Project Manager for Phase 2 Project. The Phase 2 Parties agree that Bennett will serve as project manager (the "Phase 2 Project Manager") for the construction of the Phase 2 Project. Bennett shall not charge or receive any fee for its services as the Phase 2 Project Manager. 2.2. Engagement of Engineer for Phase 2 Project. The Phase 2 Parties agree that the Phase 2 Project Manager will contract for and arrange for payment of all engineering and survey services needed for all phases of construction of the Phase 2 Project, including, without limitation, the preliminary design, final design, bidding, construction administration, and warranty inspection phases. The engineer engaged by the Phase 2 Project Manager (the "Phase 2 Engineer") must be a professional engineer registered in the State of Texas. The Phase 2 Project Manager will provide a copy of the Phase 2 Project Manager's contract with the Phase 2 Engineer to each of the Phase 2 Parties. 2.3. Engineer's Services for Phase 2 Project. The Phase 2 Parties agree that the Phase 2 Project Manager will ensure that all construction work on the Phase 2 Project is performed under the supervision and oversight of the Phase 2 Engineer, including the following: A. The Engineer will coordinate the design and construction of the Phase 2 Project with the Phase 2 Project Manager and the City. B. The Phase 2 Engineer will prepare plans and specifications for the Phase 2 Project in accordance with City design and construction standards and with applicable laws and regulations, and submit them to the Phase 2 Project Manager and the City for review and approval. The Phase 6