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8. Foreman or Superintendent. Developer will give personal attention to the <br />Work. A competent foreman or superintendent, satisfactory to the City Engineer in their <br />reasonable discretion, with authority to act for and on behalf of Developer, will be named <br />in writing by Developer prior to commencement of the Work, will be present on the <br />Property during the performance of the Work, and may not be changed without advance <br />notification to and the concurrence of the City Engineer. <br />9. Examination of Work. All of the Work will be consistent with the <br />Improvement Plans and performed to the satisfaction of the City Engineer, in their <br />reasonable discretion. City and its authorized agents will, at all times during the <br />performance of the Work, have free access to the Property and the Work and will be <br />allowed to examine the Work and all materials used and to be used in the Work. <br />10. City Costs; Deposit. Developer will pay to City the actual cost for all <br />engineering, inspection, administration, plan check, laboratory and field-testing, <br />construction, and other services furnished by City in connection with this Agreement, <br />including those performed by consultants under contract with City ("City Costs"). <br />Developer will deposit with City the sum of sixty-three thousand dollars ($63,000.00) <br />("Deposit") to compensate City for all City Costs. Developer understands that the Deposit <br />is an estimate and further agrees to pay to City the actual cost of providing such services, <br />in accordance with City's current fees. Developer will complete payment of such <br />additional sum or sums for the services provided by City, if any, within ten (10) days after <br />billing by City of the additional sum to be paid, and the amount payable will be increased <br />by ten percent (10%) in the event payment is not made within such ten (10) day period. <br />Any part of the Deposit or such additional sum or sums not utilized by City will be returned <br />promptly to Developer. <br />11. Completion of Work. After Developer (a) completes the Work in accordance <br />with the Improvement Plans and the terms and conditions of this Agreement, (b) repairs <br />any private or public property damaged as a result of the Work or pays the full cost of <br />such repair to the owner whose property was damaged and (c) obtains the written <br />acceptance of such repair or payment from any owner whose private property was <br />repaired by Developer or to whom Developer paid the full cost of such repair, Developer <br />will provide City with a written notice of completion, together with copies of all written <br />acceptances. <br />12. Final Acceptance. <br />12.1 Notice of Completion. Within thirty (30) days of receipt of <br />Developer's written notification pursuant to Section 11 above, the City Engineer <br />will inspect the Work and repairs and review the written acceptances, if any, and <br />send Developer a written notice stating whether the Work and repairs are complete <br />to the satisfaction of the City Engineer, in their reasonable discretion, and whether <br />the written acceptances have been provided. If the Work and repairs are, in the <br />opinion of the City Engineer, not complete and satisfactory, and/or written <br />acceptances have not been provided, the City Engineer will list the deficiencies <br />that Developer must correct to make the Work and repairs complete and <br />REV: 01-06-2021 PR <br />ATTY/AGR.2021.003/Pinn Bros (Page 4 of 22) <br />