RecDoc 2013-028631 - Laserfiche WebLink

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i the Work and repairs are complete to the satisfaction of the City Engineer, in his reasonable discretion, and whether the written acceptances have been provided. If the Work and repairs are, in the opinion of the City Engineer, not complete and satisfactory, and/or written acceptances have not been provided, the City Engineer will list the deficiencies that must be corrected to find the Work and repairs complete and satisfactory. Upon satisfactory completion of the Work and repairs and submittal of written acceptances, the City Engineer will send Developer a written notice of satisfactory completion. The requirement for written acceptances may be waived by the City Engineer, in his reasonable discretion, if Developer has made commercially reasonable efforts to obtain such acceptances. The City Engineer's failure to respond to Developer's written notification within thirty (30) days will be deemed a notice of satisfactory completion under this Agreement and the Redwood City Code if the City Engieer fails to respond upon the receipt of a second 30-day notification of such efforts, and the City Engineer will promptly issue a written copy of such notice to Developer. 12.2 Acceptance of Improvements. After sending Developer a written notice of satisfactory completion pursuant to Section 12.1, the City Engineer will recommend acceptance of the Improvements to the City Council. The City's final acceptance of the Improvements, offers of dedication and right-of way, and easements (except as expressly provided in Section 16 below), if any, shall be by resolution of the City Council, with the matter placed on the next available agenda for City Council action. Upon City Council's adoption of such resolution, the City Engineer shall promptly record a notice of final acceptance as to the utility Improvements within the easements owned and maintained by the City and all other site installations required under the Improvement Plans, in a form to be approved by the City Attorney, in the Official Records of San Mateo County. From and after such final acceptance and unless required under Developer's warranty pursuant to Section 15, Developer shall not be responsible for any maintenance,repairs or replacements to the sanitary sewer lines and water lines located within the City owned and maintained easements. 13. Performance. Labor and Materials and Warrantv Security. 13.1 In accordance with Chapter 30 of the Redwood City Code, Developer will furnish and deliver to City,within the times set forth below,the following security, each of which must be issued by a surety company duly and regularly authorized to do general surety business in the State of California,or such other surety as may be acceptable to the City Engineer. (a) Performance Securitv. Developer shall furnish and deliver performance security in the amount of Two Million Two Hundred Fifty-Two Thousand Two Hundred Fifty Dollars ($2,252,250.00), concurrently with the execution of this Agreement, which security must meet the requirements of Government Code section 66499.1 and Redwood City Code Section 30.80 and be acceptable to the City Engineer. The security shall be conditioned upon the faithful performance of this Agreement with respect to the Work and shall be released by City in accordance with Section 14 below upon final acceptance of the [mprovements as described in Section 12.2 and Developer's delivery of the Warranty Security described in Section 13.3. (b) Pavment Securitv. Developer shall furnish and deliver labar and materials security in the amount of Two Million Two Hundred Fifty-Two Thousand Two Hundred Fifty Dollars ($2,252,250.00), concurrently with the execution of this Agreement, which security must meet the requirements of Government Code section 66499.2 and Redwood City Code Section 30.80 and be acceptable to the City Engineer. The security shall secure payment to the contractor(s) and subcontractor(s) performing ATTY/AGR/2013.005/640 VETERANS IMPROVEMENT AGREEMENT REV:01-09-13 VR Page 4 of 18