Laserfiche WebLink
be extended by the City Engineer in his or her sole and absolute discretion at the request of Developer, <br />which request shall be accompanied by a written assurance acceptable to the City Engineer that the <br />securities required by Section 13 shall remain enforceable throughout the term of the extension. <br />5. Estimated Cost of Work. The engineer's estimated cost of the Work is One Million Six <br />Hundred Thirty -One Thousand One Hundred Sixty -Four and No/100 Dollars ($1,631,164.00) ("Estimated <br />Cost of Work"). <br />6. Modifications to the Plans. Approval of this Agreement by City does not release <br />Developer of its responsibility to correct mistakes, errors or omissions in the Improvement Plans. If, at <br />any time, in the opinion of the City Engineer, in his reasonable discretion, the Improvement Plans are <br />deemed inadequate in any technical respect, Developer agrees to make such modifications, changes or <br />revisions as necessary in order to complete the Work in a good and workmanlike manner in accordance <br />with accepted design and construction standards and consistent with the Conditions and Improvement <br />Plans. <br />7. Repairs. Developer agrees to repair or have repaired in a timely manner at its sole cost <br />and expense all public roads, streets, or other public or private property damaged as a result of or <br />incidental to the Work or in connection with the development of the Property, or to pay to the property <br />owner of any damaged road, street or property the full cost of such repair. In addition, Developer shall <br />obtain the written acceptance of such repair or payment from any owner whose private or public property <br />was repaired by Developer or to whom Developer has paid the full cost of such repair in accordance with <br />this Section 7. City shall be under no obligation whatsoever to accept the Work completed under this <br />Agreement until such time as all repairs have been completed or have been paid for and written <br />acceptances have been provided to the City Engineer. <br />8. Foreman or Superintendent. Lessee shall give personal attention to the Work A <br />competent foreman or superintendent, satisfactory to the City Engineer in his reasonable discretion with <br />authority to act for and on behalf of Lessee, shall be named in writing by Lessee prior to commencement <br />of the Work, shall be present on the Property during the performance of the Work and may not be <br />changed without advance notification to and the concurrence of the City Engineer. <br />9. Examination of Work. All of the Work shall be consistent with the Improvement Plans <br />and performed to the satisfaction of the City Engineer, in his reasonable discretion. City and its authorized <br />agents shall, at all times during the performance of the Work, have free access to the Property and the <br />Work and shall be allowed to examine the Work and all materials used and to be used in the Work. <br />10. Citv Costs: Denosit. Developer shall pay to City the actual cost for all engineering, <br />inspection, administration, plan check, laboratory and field testing, construction, and other services <br />famished by City in connection with this Agreement, including those performed by consultants under <br />contract with City ("City Costs"). Developer shall deposit with City the sum of Eighty -Six Thousand <br />Nine Hundred Thirty -Four and 92/100 Dollars ($86,934.92) ("Deposit") to compensate City for all City <br />Costs. Developer understands that the Deposit is an estimate and further agrees to pay to City the actual <br />cost of providing such services, in accordance with the City's current fees. Developer agrees to complete <br />payment of such additional sum or sums for the services provided by City, if any, within ten (10) days <br />after billing by City of the additional sum to be paid and agrees that the amount payable shall be increased <br />by ten percent (10%) in the event payment is not made within such ten (10) day period. Any part of the <br />Deposit or such additional sum or sums not utilized by City shall be returned promptly to Developer. <br />11. Completion of Work. After Developer (a) completes the Work in accordance with the <br />Improvement Plans and the terms and conditions of this Agreement, (b) repairs any private or public <br />REV: 08-31-17 PR <br />Page of22 <br />ATTY/AGR.2017.195/Lane - Broadway, LLC - IA <br />