RecDoc 2020-065175 - Laserfiche WebLink

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7. Repairs. Developer will either (a) repair or have repaired in a timely manner at its sole cost and expense all public roads, streets, or other public or private property damaged as a result of or incidental to the Work or in connection with the development of the Property, or (b) pay to the property owner of any damaged road, street or property the full cost of such repair. In addition, Developer will obtain the written acceptance of such repair or payment from any owner whose private or public property was repaired by Developer or to whom Developer has paid the full cost of such repair in accordance with this Section 7. City will be under no obligation whatsoever to accept the Work completed under this Agreement until such time as all repairs have been completed or have been paid for and written acceptances have been provided to the City Engineer. 8. Foreman or Superintendent. Developer will give personal attention to the Work. A competent foreman or superintendent, satisfactory to the City Engineer in their reasonable discretion, with authority to act for and on behalf of Developer, will be named in writing by Developer prior to commencement of the Work, will be present on the Property during the performance of the Work, and may not be changed without advance notification to and the concurrence of the City Engineer. 9. Examination of Work. All of the Work will be consistent with the Improvement Plans and performed to the satisfaction of the City Engineer, in their reasonable discretion. City and its authorized agents will, at all times during the performance of the Work, have free access to the Property and the Work and will be allowed to examine the Work and all materials used and to be used in the Work. 10. City Costs, Deposit. Developer will pay to City the actual cost for all engineering, inspection, administration, plan check, laboratory and field-testing, construction, and other services furnished by City in connection with this Agreement, including those performed by consultants under contract with City ("City Costs"). Developer will deposit with City the sum of one hundred twenty-three, two hundred fifty dollars ($123,250.00) ("Deposit") to compensate City for all City Costs. Developer understands that the Deposit is an estimate and further agrees to pay to City the actual cost of providing such services, in accordance with City's Master Fee Schedule FY 2019- 2020, as updated. Developer will complete payment of such additional sum or sums for the services provided by City, if any, within thirty (30) days after billing by City of the additional sum to be paid, and the amount payable will be increased by ten percent (10%) in the event payment is not made within such thirty (30) day period. Any part of the Deposit or such additional sum or sums not utilized by City will be returned promptly to Developer. 11. Completion of Work. After Developer (a) completes the Work in accordance with the Improvement Plans and the terms and conditions of this Agreement, (b) repairs any private or public property damaged as a result of the Work or pays the full cost of such repair to the owner whose property was damaged and (c) obtains the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer paid the full cost of such repair, Developer REV: 05-22-2020 PR ATTY/AG R.2020.082/B roadway Plaza - Bay Block (Page 4 of 25)