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b. Work. BIC will do, or cause to be done, the work shown on the "Plans" as <br />further described below: <br /> <br /> i. No change <br /> <br /> ii. The BIC Channel Relocation Improvements, prepared by LTD <br />Engineering, Inc. and approved by the City Engineer in July 2005. The line items and their <br />estimated costs for the BIC Channel Relocation Improvements are set forth in the attached <br />Exhibit 1. Other than for item 10 (Culverts Under Valley Avenue), if the actual cost for the BIC <br />Channel Relocation Improvements is more than $493,463, City shall fund such cost, provided, <br />however, that before BIC enters into a contract for the BIC Channel Relocation Improvements, <br />City shall review such contract. If City reasonably determines that the proposed contract amount <br />is not reasonable, BIC shall not enter into such contract and this Second Amendment shall be of <br />no further fome and effect. Other than for item 10, if the actual cost for the BIC Channel <br />Relocation Improvements is less than $493,463, BIC shall pay City half of the difference <br />between the actual cost and $493,463. If the Channel Plans at any time prior to acceptance of the <br />Improvements prove to be inadequate in any material respect, City shall make such changes as <br />are necessary to accomplish the work. <br /> <br /> iii. The Related Improvements (Valley Avenue Extension Underpass <br />Landscaping Plans, prepared by Thomas Baak & Associates and approved by the City Engineer <br />in July 2005, the Joint Trench Composite Valley Avenue Underpass, prepared by Giacalone <br />Design Services, Inc., and approved by the City Engineer in July 2005, and those portions of the <br />public improvements for Tract 7374, located at the intersection of Case Avenue and Junipero <br />Street, prepared by RJA & Associates and approved by the City Engineer on August 14, 2002). <br />If the Related Improvements plans at any time prior to acceptance of the improvements prove to <br />be inadequate in any material respect, City shall make such changes as are necessary to <br />accomplish the work. <br /> <br /> c. No change. <br /> <br /> d. Inspection. City shall inspect all Improvements and BIC shall pay City the <br /> cost of such inspection as fixed by City Ordinance. No periodic or progress inspection or <br /> approval shall bind the City to accept the Improvements or to waive any breach of this <br /> Agreement. <br /> <br /> For the inspection of the Railroad Improvements only, which involves a specialty bridge <br /> inspection firm as well as a City inspector, BIC shall pay the costs of the specialty bridge <br /> inspection finn and two percent (2%) of the value of the work (rather than four percent) for City <br /> inspection services. The City Engineer has fixed the cost of the City inspection for the Railroad <br /> Improvements (2% of the value of the Railroad Improvements) at $38,599, in addition to the <br /> costs of the specialty bridge inspection firm. <br /> <br /> 2 <br /> <br /> <br />