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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 $889.30. 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 all Public Improvements no later than December 1, 2024. The Developer may, submit a written request for an extension of time to the City Engineer. If an extension is granted, it shall be conditioned upon updating the Construction Escrow posted by the Developer to reflect cost increases and the extended completion date. b) Bituminous and Concrete Material Acceptance. The City shall not accept concrete flatwork or curb and gutter that has structural or cosmetic defects. The City shall identify all defective panels and curbs for removal. The City shall not accept bituminous that does not meet MnDOT specificationsthat has an open graded appearance as determined by the City Engineer. Such material shall be rejected and shall be required to be removed and replaced at the Developer’s expense. 2.06 As-built Plans. Upon completion of the Improvements, the Developer shall provide the City with drawings of all public and private infrastructure improvements in accordance with City Guidelines: (i) a full set of as-built plans in a digital PDF format, and (ii) an as-built survey in a CAD format, for City records. Upon request by the City Engineer, the Developer will provide sufficient information to the City documenting to the Developer’s work, including any changes that affect the Approved Plans. The improvements shall not be accepted, nor shall security retainage be released until all record drawings have be received and accepted by the City Engineer. 2.07 Maintenance of Improvements. Developer shall be responsible for all maintenance, upkeep and repair (including, but not limited to snow plowing, mowing, weed control, and grading) of the privately-owned Improvements; and for the Public Improvements until completed and accepted 7 RS160\\10\\864844.v1