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<br />H. Prepare minor changes in the plans and specifications as directed by the Developer, and <br />notifY the City of all such changes; and prepare necessary change orders in triplicate <br />originals for approval by the Developer and the City. The Engineer will not issue change <br />orders not previously approved in writing by the Developer and the City, and no course of <br />conduct on the part of the Engineer or the Developer will amend, waive or alter this <br />prOVISIOn. <br />I. Conduct professional inspections to determine the dates of substantial completion and final <br />completion for the Utility Improvements, issue final certificates for payment or take other <br />appropriate action, and make a written recommendation to the Developer and the City <br />regarding the acceptance of the Utility Improvements. <br /> <br />3. The Developer agrees to: <br />A. Solicit bids from qualified contractors; <br />B. Obtain the City's approval of the bidder to which the award is made; <br />C. A ward a contract to the bidder whose bid represents the best value to the Developer and the <br />City, based on cost, durability, and safety and the qualifications and experience of the <br />bidders; <br />D. Execute a contract with the Contractor for the construction of the Utility Improvements; <br />E. Obtain a performance bond in the full amount of the construction contract from the <br />Contractor, naming the Developer and the City as obligees, and executed by a corporate <br />surety in accordance with Chapter 2253, Texas Government Code; <br />F. Make payments to the Contractor as the payments become due; and <br />G. Submit change orders to the City for review and approval. <br /> <br />4. The City agrees to: <br />A. Inspect the construction of the Utility Improvements as construction progresses; <br />B. Make progress payments to the Developer, within 15 days of receipt, in the percentage <br />stated for the City's share in Recital 3 above, based on payment requests submitted by the <br />Engineer, and payment requests submitted by the Contractor and approved by the Engineer; <br />C. Inspect the Utility Improvements upon completion of construction; <br />D. Accept the Utility Improvements upon satisfactory completion; <br />E. Issue a certificate of acceptance of the Utility Improvements to the Developer when all <br />required inspections are passed and the Developer submits a one-year warranty against <br />defects in materials and workmanship in the Utility Improvements, executed by the <br />Developer or the Developer's contractor. <br /> <br />5. The Developer agrees to cause the relocation of a IS" diameter wastewater line in accordance <br />with the approved plans for the Development and for the Utility Improvements, at the Developer's <br />sole expense. The Developer agrees to complete the construction of the Utility Improvements, and <br />the relocation of the IS" wastewater line, no later than June 15,2002. The Developer has paid all <br />standard wastewater impact fees for the apartments and other uses at the Development. <br /> <br />6. The Developer and the City agree to evaluate the progress on the Utility Improvements three <br />months prior to the scheduled date of occupancy (the "Occupancy Date") ofthe apartments at the <br />Development. If it appears at that point that the Utility Improvements will not be substantially <br /> <br />3 <br />