Resolution 2015-86 - Laserfiche WebLink

Home Browse Search

(a) Developer shall employ, at its own expense, a licensed and registered testing company, previously approved by the City in writing, to perform all testing of materials or construction that may be reasonably required by the City, and shall furnish copies of test results to the City on a timely basis for City review and approval prior to commencement or continuation of that particular phase of construction. In addition, at all times during said construction the City shall have access to inspect the materials and workmanship of said construction and all materials and work not conforming to the Approved Plans shall be repaired or removed and replaced at Developer's expense so as to conform to thc Approved Plans. (b) The Developer Improvements require inspection by the Public Works Department, Engineering Division. Inspection services arc provided Monday through Friday, except legal holidays, from 8:OO a.m. to 4:00 p.m:. November 1 through March 31, and from 7:00 a.m. to 5:00 p.m., April 1 through October 31. During the hours listed above, inspections shall be scheduled a minimum of 24 hours in advance with the Engineering Division. Requests for inspection services beyond the hours listed above, shalt be submitted a minimum of 48 hours in advance to the Director of Public Works for approval. All requests for after hours inspection services shall be made on a form provided by the Engineering Division. If the request is approved, the Developer shall reimburse the City for all direct costs of thc after hours inspection services. If the request is denied, the work shall not proceed after thc hours listed above. 1.11 Improvement Guarantees. Developer shall submit to the City an Improvement Guarantee for the Developer Improvements. Said Improvement Guarantee 'may be in cash or a letter of credit in form and substance as shown on Exhibit "B" attached hereto and incorporated herein by reference (or in another commercially, reasonable form required by Developer's lender, which is acceptable to City). Said Improvement Guarantee, if a letter of credit, shall not expire during thc winter season (November 1 March 1). Said Improvement Guarantee shall include the Developer Improvements. The total amount of thc Improvement Guarantee shall be described on Exhibit "A". The total minimum amounts are as follows: a) Prior to City approval of the Plans: 25% of the amount shown in Exhibit A. b) Prior to issuance ofbuilding permits:115% of the amount shown in Exhibit A; c) Upon Construction Acceptance prior to Final Acceptance:15% of the amount shown in Exhibit A; d) After Final Acceptance: 0%. In addition to any other remedies it may have, the City may, at any time prior to Final Acceptance and upon thirty (30) days prior written notice to Developer (pursuant to Section 8.1), draw on any Improvement Guarantee issued pursuant to this Agreement if Developer fails to extend or replace any such Improvement Guarantee at least thirty (30) days prior to expiration of such Improvement Guarantee. If thc City draws on the Improvement Guarantee to correct deficiencies and complete Developer Improvements, any portion of said Improvement Guarantee not utilized in correcting the deficiencies and/or completing Developer