CCP 06062022 - Laserfiche WebLink

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Attachment A 1 3. The Developer represents to the City that the Plat complies with all City, County, 2 Metropolitan, State and Federal laws and regulations including, but not limited to: 3 subdivision ordinances, zoning ordinances and environmental regulations. If the City 4 determines that the Plat does not comply, the City may, at its option, refuse to allow 5 construction or development work on the Property until the Developer does comply. 6 Upon the City’s demand, the Developer shall cease work until there is compliance. 7 G. Time of Performance. The Developer shall complete all required public and private improvements 8 enumerated in Paragraphs C and Dby October 1, 2022. The Developermay, however, forward a 9 request for an extension of time to the City. If an extension is granted, it shall be conditioned upon 10 updating the security posted by the Developer to reflect cost increases and the extended completion 11 date. 12 H. Inspection. The Developer shall provide the services of a Project Representative and assistants at 13 the site to provide continuous observation of the work to be performed and the improvements to be 14 constructed under this Agreement. 15 1. The Developer shall provide the City Engineer a minimum of one business day notice 16 prior to the commencement of the underground pipe laying and service connection; and 17 prior to subgrade, gravel base and bituminous surface construction. 18 2. Developer’s failure to comply with the terms of this section shall permit the City 19 Engineer to issue a stop work order which may result in a rejection of the work and 20 which shall obligate the Developer to take all reasonable steps, as directed by the City 21 Engineer to ensure that the improvements are constructed and inspected pursuant to the 22 terms of this Agreement; and shall further result in the assessment of a penalty, in an 23 amount equal to 1% per occurrence, of the amount of the security required for Developer 24 improvements, which amount the Developer agrees to pay to the City upon demand. 25 I. Engineering Coordination. A City Engineering Coordinator shall be assigned to this project to 26 provide further protection for the City against defects and deficiencies in the work and 27 improvements through the observations of the work in progress and field checks of materials and 28 equipment. However, the furnishing of such engineering coordination will not make the City 29 responsible for construction means, methods, techniques, sequences or procedures or for the safety 30 precautions or programs, or for the contractor’s failure to perform the contractor’s work in 31 accordance with the Plans. The Developer is obligated to pay the City for City inspection services an 32 amount equal to 4% of the estimated cost of the Public Improvements, which amount is $12,133.44 33 ($303,336.00 x 0.04). Thisamount shall be paid at or prior to the execution of this Agreement. 34 J.Security. To guarantee compliance with the terms of this Agreement, payment of the costs of all 35 Public Improvements and construction of all Public Improvements, the Developer shall furnish 36 either: a) a cash deposit, or b) an irrevocable letter of credit for $379,170.00 ($303,336.00 x 1.25) in 37 a form to be approved by the City (the “Financial Security”). The amount of the Financial Security 38 is 125% of the estimated cost to construct the Public Improvements. The City shall have the right to 39 draw upon and use the Financial Security in the event that the Developer fails to perform any of its 40 obligations under this Agreement. Page 5 of 17