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<br />/LfbU <br /> <br />5.06 SMCISD represents, warrants and agrees that it will <br /> <br />promptly and timely pay SMCISD's share of all costs and expenses to <br /> <br />be paid under the terms of this Agreement. <br /> <br />ARTICLE 6 <br /> <br />COST SHARING <br /> <br />6.01 The parties hereto hereby agree to share in the cost and <br /> <br />expenses incurred in the design, construction administration, and <br /> <br />construction of the proj ect in accordance with the terms and <br /> <br />provisions set forth in this Article 6. <br /> <br />The costs that will be <br /> <br />shared will include, but not be limited to, the actual costs of <br /> <br />construction payable by SMCISD as the Owner under the Construction <br /> <br />Contract for the proj ect and any and all costs and expenses <br /> <br />incurred under the terms of the Professional Services Agreement and <br /> <br />incurred prior to the execution of this Agreement by SMCISD for the <br /> <br />design of the Project. <br /> <br />6.02 Desiqn and Enqineerinq Fees. SMCISD, the City and TETCO <br />hereby agree that each shall be responsible for one-third (1/3) of <br /> <br />all design and engineering fees incurred in regard to that portion <br />of the work set forth in the Project Documents covered by this <br /> <br />Agreement. The City and TETCO hereby acknowledge that SMCISD has <br /> <br />already paid certain fees to Byrn & Associates, Inc. for the <br /> <br />preparation <br /> <br />of <br /> <br />plans, <br /> <br />specifications, <br /> <br />and <br /> <br />other documents <br /> <br />pertaining to the construction of the Project. <br /> <br />The City hereby <br /> <br />agrees that simultaneous with the execution of this Agreement, it <br /> <br />will pay $11,048.08 to the SMCISD, which amount represents the <br /> <br />City's share of the fees and expenses paid by the SMCISD to Byrn & <br /> <br />Associates, Inc. pertaining to the Project prior to the date of <br /> <br />Tri-Party Agreement for <br />Utility and Road Improvements <br /> <br />9 <br />