Item 16 - Amend Agreements for Renewable Natural Gas Fueling Station

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4 agreement, then Contractor shall continue to diligently perform the design services and the construction work, including any change directed by City by change order or supplemental agreement, and shall keep thorough records of the cost of performance of such change order or supplemental agreement. e. Fiduciary Relationship. Contractor recognizes and accepts a fiduciary relationship of trust and confidence hereby established between Contractor and City and agrees that it shall at all times in good faith use its best efforts to advance City's interests and agrees to perform the design services and the construction work in professional manner. 5. TERM AND SCHEDULE OF WORK This Agreement shall commence on the Effective Date and shall terminate upon the City's acceptance of the Project via a “Notice of Completion” unless terminated earlier in accordance with Section 16 of the Agreement. The City shall issue a Notice to Proceed to Contractor once the following requirements are met: (1) Full execution of this Agreement; (2) the City has rendered the Down Payment to Contractor; and (3) Contractor has provided satisfactory proof to the City of insurance and bonds as required by this Agreement. The Notice to Proceed issued by the City shall specify the date the Contractor is to commence the work specified in Exhibit A (“Date of Commencement”). The Contractor shall achieve substantial completion of the Work, as determined by the City, not later than 365 days from the Date of Commencement . Time is of the essence with respect to all time limits for performance of the Work set forth in the Design-Build Documents. The term of this Agreement may be extended upon a writing executed by the City Manager and City Attorney. Upon completion of all work under this Agreement, ownership and title to all reports, documents, tracings, plans, specifications, estimates and maps prepared or obtained under the terms of this Agreement shall be delivered to, and become the property of City. Basic survey no tes and sketches, charts, computations, and other data prepared or obtained pursuant to this Agreement shall be made available upon request of the City without restriction or limitation on their use. Contractor shall furnish the City all necessary copies of data needed to complete the review and approval process. 6. GENERAL REQUIREMENTS OF THE WORK Contractor shall perform the Work in compliance with applicable laws, statutes, ordinances, codes, rules, and regulations. If Contractor performs Work contrary to applicable laws, statutes, ordinances, codes, rules, or regulations, Contractor shall assume responsibility for such Work and shall bear the costs attributable to correction. Contractor shall be responsible to City for acts and omissions of Contractor’s employees, consultants, subcontractors, or others employed or retained by Contractor in connection with the Project or Work. Contractor shall provide City access to the Work in preparation and progress wherever located.