Interlocal Cooperative Agreement - Development of Real Property in Renewable Energy Drive Subdivision

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Page 3 of 16 ARTICLE II. DEVELOPMENT WORK 2.1. Dedicated Improvements. The State shall be responsible for the costs for preliminary engineering, design, construction, and inspection for extending the water main from Calvert Street to the southwest corner of the Property. The State will manage, administer, and inspect the work in accordance with applicable laws and specifications. 2.1.1. The State shall, prior to initiation of construction, provide a copy of the plans for the proposed improvements to the CITY Engineer, to ensure that the improvements conform to the CITY’s standards, and obtain the CITY’s prior authorization before beginning construction of the improvements. The CITY’s authorization shall not be unreasonably withheld. 2.1.2. The CITY grants permission to the State to enter onto the CITY’s property, as needed, to complete work authorized by the CITY pursuant to the terms outlined within this Agreement. 2.1.3. The State shall provide in its contract for the design and construction of the Dedicated Improvements an allowance of up to $2,000.00 that provides the CITY with an ability to hire, at the State’s cost, an independent third-party engineer of the CITY’s choosing for a review of the plans for the proposed improvements, for an inspection of the improvements, or for conducting tests of the improvements. 2.1.4. The State shall allow the CITY to inspect the water main extension improvements during construction to ensure conformance to the agreed standards, in particular with regard to area planning requirements, adequacy of design, and quality of construction. The State shall contact the CITY’s Engineering Department at least two (2) business days in advance to arrange for the attendance of a CITY inspector at key milestones throughout work. If the CITY does not respond within two (2) business days, the State shall proceed. Key milestones shall include but not be limited to: construction of the water main and water main taps. 2.1.5. The State shall ensure that all parts and labor must meet the standards and requirements stated in the contract documents, including the design specifications, as presented to and accepted by the CITY’s Engineering Department. The State shall provide copies of test reports or cut sheets on all materials supplied, including pressure testing reports, leakage testing reports, and bacteria testing reports, and other reports as requested. 2.1.6. The State shall provide the record drawings prepared by the State’s designer. 2.1.7. The State shall require that the consultants and/or contractors hired for the Facility Project, who shall be responsible for designing and constructing the Dedicated Improvements, comply with all applicable licensing standards, certification standards, accrediting standards and any other laws, rules or regulations governing services to be provided to the State, and in addition, execute responsibilities of