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City shall meet with BIC about the specialty bridge inspection consultant proposals before <br />determining the most qualified proposer and negotiating a contract price to discuss qualification <br />issues with BIC. City shall again meet with BIC before making a recommendation for award of <br />a contract to a bridge inspection consultant to discuss pricing issues with BIC. <br /> <br />The costs of inspection for the remaining Improvements shall be four percent (4%) of the value <br />of the work. The City Engineer has tentatively fixed the inspection costs for this remaining work <br />at $123,052. <br /> <br />The amount due upon the issuance of the first permit to construct the Railroad Improvements or <br />Roadway Improvements is as follows: $161,650. Upon receipt of an invoice from the specialty <br />bridge inspection firm, BIC shall pay the City the invoiced amount within twenty (20) days. <br /> <br /> e. No change. <br /> <br /> f. Security. Upon execution of this Second Amendment, BIC shall present to the <br />City improvement security as defined in Section 66499 of the Government Code of the State of <br />California. Any additions, alterations or modifications to this Agreement or the Plans shall not <br />release any surety on the improvement security given in connection with this Agreement. <br /> <br /> The improvement security as approved by the City Attorney, shall consist of the <br />following as determined by the City: cash deposit made with the City; bonds by duly authorized <br />corporate sureties admitted to transact surety business in the State of California; or instruments <br />of credit from financial institutions subject to regulation by state or federal government. BIC <br />shall provide the following: <br /> <br /> i. Security in the amount of 100% of the total estimated cost of the <br /> Improvements to secure faithful performance of the Agreement as amended; <br /> <br /> ii. Security in the amount of 100% of the total estimated cost of the <br /> Improvements to secure payment for labor and materials; and <br /> <br /> iii. Security in the amount of 10% of the total estimated cost of the <br /> Improvements to secure maintenance obligations for a period of one year. <br /> <br /> The total estimated cost of Improvements is: $5,256,244. <br /> <br /> In the event of any material breach of this Agreement by BIC, after the City has provided BIC <br /> with written notice of the breach and an opportunity to cure the breach and BIC has failed to cure <br /> the breach, City may take over completion of the Improvements and prosecute the same to <br /> completion by any method the City deems advisable. Said work shall be for the account and at <br /> the expense of the BIC. BIC shall be liable to the City for any excess costs or damages suffered <br /> by the City. <br /> <br /> 3 <br /> <br /> <br />