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RCA Attachment E 1 H. Inspection. The Developer shall provide the services of a Project Representative and assistants at 2 the site to provide continuous observation of the work to be performed and the improvements to be 3 constructed under this Agreement. 4 The Developer shall provide the City Engineer a minimum of one business day notice 5 prior to the commencement of the underground pipe laying and service connection; and 6 prior to subgrade, gravel base and bituminous surface construction. 7 DeveloperÓs failure to comply with the terms of this section shall permit the City 8 Engineer to issue a stop work order which may result in a rejection of the work and 9 which shall obligate the Developer to take all reasonable steps, as directed by the City 10 Engineer to ensure that the improvements are constructed and inspected pursuant to the 11 terms of this Agreement; and shall further result in the assessment of a penalty, in an 12 amount equal to 1% per occurrence, of the amount of the security required for Developer 13 improvements, which amount the Developer agrees to pay to the City upon demand. 14 I. Engineering Coordination. A City Engineering Coordinator shall be assigned to this project to 15 provide further protection for the City against defects and deficiencies in the work and 16 improvements through the observations of the work in progress and field checks of materials and 17 equipment. However, the furnishing of such engineering coordination will not make the City 18 responsible for construction means, methods, techniques, sequences or procedures or for the safety 19 precautions or programs, or for the contractorÓs failure to perform the contractorÓs work in 20 accordance with the Plans. The Developer is obligated to pay the City for City inspection services an 21 amount equal to 4% of the estimated cost of the Public Improvements, which amount is $16,850.00 22 (4% = $674.00). This amount shall be paid at or prior to the execution of this Agreement. 23 J.Security. To guarantee compliance with the terms of this Agreement, payment of the costs of all 24 Public Improvements and construction of all Public Improvements, the Developer shall furnish 25 either: a) a cash deposit, or b) an irrevocable letter of credit for $21,062.50 in a form to be approved 26 by the City (the ÐFinancial SecurityÑ). The amount of the Financial Security is 125% of the 27 estimated cost to construct the Public Improvements. The City shall have the right to draw upon and 28 use the Financial Security in the event that the Developer fails to perform any of its obligations 29 under this Agreement. 30 Reduction of Security. Periodically upon the DeveloperÓs written request, the City 31 Engineer may reduce the amount of the Financial Security for completed Public 32 Improvements provided the following conditions are met: 33 The DeveloperÓs engineer certifies that the Public improvements have been constructed 34 to City standards and in accordance with the Plans. 35 The Developer provides documentation that its contractors and all their subcontractors 36 and suppliers have been paid in full for the work completed and materials supplied. 37 The City Engineer determines that such Public Improvements have been fully completed 38 in accordance with the Plans, specifications and provisions of this Agreement. 39 The amount of reduction shall be equal to that portion of the Financial Security which covers 40 such completed Public Improvements; provided however, in no case shall the remaining 41 amount of the Financial Security be less than the greater of: (i) 25% of the original amount of 42 the Financial Security, or (ii) 125% of the estimated cost to complete the Public Improvements 43 which have not been completed as determined by the City Engineer. Page 4 of 14 Page 4 of 14