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orders in the manner described by this Agreement, which responsibilities shall include overseeing the delivery of the Local Public Improvements in substantial accordance with the plans and specifications as contemplated by the Development Agreement. "Funding Amount" means the funds supplied by REDEVELOPMENT COMMISSION in the amount of$175,000.00 for construction of the Local Public Improvements. "General Contractors" means the contractors, including but not limited to their respective sub-contractors, vendors and suppliers, who shall construct and complete the Local Public Improvements. ARTICLE III. INTENT AND INTERPRETATION 3.1. The "Agreement", as referred to herein, shall mean this Agreement executed by REDEVELOPMENT COMMISSION, BOARD OF WORKS and DEVELOPER, and shall include any written supplemental agreement or modification entered into between REDEVELOPMENT COMMISSION, BOARD OF WORKS and DEVELOPER, in writing, after the date of this Agreement. 3.2. This Agreement shall include, and incorporate by reference, any provision, covenant or condition required or provided by law or by regulation of any state or federal regulatory or funding agency. ARTICLE IV. CONSTRUCTION MANAGEMENT 4.1. CITY hereby designates DEVELOPER as CITY'S construction manager for the purpose of granting to DEVELOPER, to the fullest extent permitted by law, the responsibility and authority to act as the agent for and on behalf of CITY to provide the Construction Management Services and granting unto DEVELOPER the sole and exclusive responsibility and authority to manage the design, construction, and equipping by the General Contractors of the Local Public Improvements in accordance with the terms set forth herein. 4.2. CITY shall pay DEVELOPER as compensation for DEVELOPER'S services under this Agreement a construction management fee in an amount equal to the net of the Funding Amount less the actual amount spent for the Local Public Improvements. 4.3. CITY and DEVELOPER acknowledge and agree that the Local Public Improvements will be designed and constructed in a manner consistent with applicable laws, including but not limited to any applicable competitive bidding requirements. DEVELOPER, in consultation with its design and other professionals, will prepare bid packages for the solicitation of bids from independent contractors to construct the Local Public Improvements. The bid packages shall include plans and specifications as contemplated by the Development Agreement. Construction of the Local Public Improvements can either be bid as one package or as several packages, as determined by DEVELOPER consistent with applicable law. All bid packages shall be in a form consistent with other bid packages and legal advertisements used by the BOARD OF WORKS, with such modifications as DEVELOPER may request, subject to approval by BOARD OF - 2 -