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<br />3. <br /> <br />CTEC, Rohr and the City agree that CTEC and Rohr will act as <br /> <br />Project Manager in the construction of these improvements. <br /> <br />4. <br /> <br />CTEC and Rohr agree to provide a copy of their bid tabulation <br /> <br />sheet signed by its consulting professional engineer. <br /> <br />5. <br /> <br />CTEC and Rohr agree to require that the contractor awarded the <br /> <br />bid for the project be required to execute Performance and Payment <br /> <br />Bonds naming the City as joint obligee with CTEC and Rohr. <br /> <br />6. <br /> <br />Ci ty agrees to pay to CTEC and Rohr an amount equal to the <br /> <br />difference between the total cost of construction of the improvements <br /> <br />less the estimated cost of construction of a four (4) <br /> <br />inch diameter <br /> <br />force-main wastewater line along the same route, not to exceed <br />$148,000.00, within thirty (30) days of its acceptance of the <br />improvements. City further agrees to not unreasonably withhold its <br /> <br />acceptance of the improvements. <br /> <br />Ci ty also agrees to pay to Rohr the <br /> <br />sum of $ 24.325.42 <br /> <br />for professional engineering services in <br /> <br />connection with the performance of work under this agreement. <br /> <br />7. <br /> <br />Ci ty agrees to, <br /> <br />at no cost and expense to CTEC and Rohr, <br /> <br />inspect the construction of the improvements as construction progresses <br /> <br />and to finally inspect the improvements and accept them for maintenance <br /> <br />within <br /> <br />fourteen <br /> <br />(14) <br /> <br />days <br /> <br />of <br /> <br />receipt <br /> <br />of <br /> <br />notice <br /> <br />of <br /> <br />completion <br /> <br />of <br /> <br />construction. <br /> <br />City further agrees that approval of construction will <br /> <br />not be unreasonably withheld or denied. <br /> <br />8. <br /> <br />CTEC and Rohr agree to complete, or cause the completion of <br /> <br />the improvements and the restoration of all property in accordance with <br /> <br />the terms of applicable state permits and utility easements not later <br /> <br />than June 30, 1990. <br /> <br />The City, CTEC and Rohr agree in this regard <br /> <br />that <br /> <br />time is of the essence and that, should CTEC and Rohr _fail to meet this <br /> <br />deadline, <br /> <br />CTEC <br /> <br />and Rohr <br /> <br />agree to <br /> <br />credit <br /> <br />the <br /> <br />City <br /> <br />against <br /> <br />amounts <br /> <br />otherwise owed the sum of $250.00 for each day o~ portion thereof after <br />the deadline that the improvements are not completed. <br /> <br />9. <br /> <br />This Agreement and the provision of wastewater capacity shall <br /> <br />be <br /> <br />subject <br /> <br />to <br /> <br />all <br /> <br />valid <br /> <br />and <br /> <br />applicable <br /> <br />rules, <br /> <br />regulations, <br /> <br />laws, <br /> <br />agreements, <br /> <br />and <br /> <br />court <br /> <br />judgments <br /> <br />of <br /> <br />or <br /> <br />with <br /> <br />the <br /> <br />United <br /> <br />States <br /> <br />of <br /> <br />America, the State of Texas, or any governmental body, agency or court <br /> <br />having lawful jurisdiction thereof, so long <br /> <br />as such do not have the <br /> <br />effect of voiding or negating the rights and obligations of the parties <br /> <br />hereunder. <br /> <br />-2- <br />