Agmt13 County Jail Improvement Agreement

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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.County shall give personal attention to the Work. A competent foreman or superintendent,with authority to act for and on behalf of County,shall be named in writing by County prior to commencement of the Work, shall be present on the Property during the performance of the Work and may not be changed without advance notification to the City Engineer. 9. Examination of Work. All of the Work shall be consistent with the Improvement Plans and performed to the satisfaction of the City Engineer,in his reasonable discretion. City and its authorized agents shall, at all times during the performance of the Work,have access to the Property upon 24 hours' notice and the Work and shall be allowed to examine the Work and all materials used and to be used in the Work. 10. City Costs:Deposit. County shall 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"). County shall deposit with City the sum of Twenty-Five Thousand and No/100 Dollars ($25,000.00)("Deposit")to compensate City for all City Costs. County understands that the Deposit is an estimate and further agrees to pay to City the actual cost of providing such services,in accordance with the City's current fees. County agrees to 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 to be paid and agrees that the amount payable sha11 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 sha11 be returned promptly to County. 11. Completion of Work. After County (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 County or to whom County paid the full cost of such repair, County will provide City with a written notice of completion,together with copies of all written acceptances. 12. Final Acceptance. 12.1 Notice of Completion. Within thirty (30) days of receipt of County's written notification pursuant to Section 11 above,the City Engineer shall inspect the Work and repairs and review the written acceptances,if any,and send County a written notice stating whether 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 Wark 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 County a written notice of satisfactory completion. The requirement for written acceptances may be waived by the City Engineer,in his reasonable discretion, if County has made commercially reasonable efforts to obtain such acceptances. The City Engineer's failure to respond to County's written notification within thirty (30)days will not be deemed a breach or default under this Agreement. 12.2 Acceptance of Improvements.After sending County a written notice of satisfactory completion pursuant to Section 12.1, the City Engineer will recommend acceptance of the REV:10-10-13 VR ATTY/AGR/2012.198/COUNTY JAIL IMPROVEMENT AGREEMENT Page 3 of 11