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2.02 Observation. The Developer shall provide the services of a Project Representative and assistants at the Property to provide observation of the work to be performed and the Improvements to be constructed under this Agreement. a. The Developer shall provide the City Engineer a minimum of two (2) business days’ notice prior to the commencement of curb and gutter, concrete flatwork, and bituminous surface construction. b. Developer’s failure to comply with the terms of this section shall permit the City Engineer to issue a stop work order which may result in a rejection of the work and which shall obligate the Developer to take all reasonable steps, as directed by the City Engineer to ensure that the Improvements are constructed and inspected pursuant to the terms of this Agreement; and shall further result in the assessment of a penalty, in an amount equal to 1% of the amount of the Letter of Credit required for Developer Improvements, per occurrence, which amount the Developer agrees to pay to the City upon demand. c. The Developer is required to follow the MnDOT schedule for materials control for testing the work. Developer-contracted testing shall be performed by a qualified third party. All tests should be submitted to the City for review and approval. The City reserves the right to additional testing as necessary to ensure proper construction, at the Developer's expense. 2.03 Engineering Coordination. A City staff Engineering Coordinator shall be assigned to this project to provide further protection for the City against defects and deficiencies in the work and Public Improvements through the observations of the work in progress and field checks of materials and equipment. However, the furnishing of such engineering coordination will not make the City responsible for construction means, methods, techniques, sequences or procedures or for the safety precautions or programs, or for the Contractors failure to perform his work in accordance with the Plans. The Developer is obligated to pay the City for City Construction Observation services an amount equal to 4% of the estimated cost of the Public Improvements, which amount is $3,678. 2.04 Unsatisfactory Labor or Material. In the event that the City Engineer rejects as defective or unsuitable any material, then such material must be removed and replaced with approved material at the sole cost and expense of the Developer. 2.05 Completion of Public Improvements, Final Inspection, Acceptance. a) Time of Completion. The Developer shall complete all required Public Improvements no later than October 1, 2023 (the “Completion Date”). The Developer may, submit a written request for an extension of time to the City Engineer. If an extension is granted, 5 22485\\13\\2777004.v3