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Basin Improvements Final Plans(defined in the following paragraph), along with preliminary <br /> estimated costs of construction of the Detention Basin Improvements. <br /> The"Detention Basin Improvements Final Plans"are construction plans and <br /> specifications for the construction of the Detention Basin Improvements consistent with the <br /> Detention Basin Specifications including, without limitation, a landscape plan that utilizes plant <br /> materials suitable for storm water detention purposes. The Detention Basin Improvements Final <br /> Plans shall be consistent with the overall Neighborhood Park PUD Plan referenced in <br /> Section 3.1. <br /> (b) Construction of Detention Basin Improvements. <br /> (i) Bids; Construction Contract. Prior to approval of the Final <br /> Subdivision Map by City, CLC shall request bids from a minimum of three(3)licensed <br /> contractors who are qualified to construct the Detention Basin Improvements. Any bids shall <br /> include proposed construction schedules. CLC's request for bids shall require bids to be <br /> submitted no later than thirty(30) days following the date of the request. Any bids may contain <br /> a contingency not to exceed fifteen percent(15%)of the other construction costs. <br /> Subject to the following paragraph,CLC shall select the lowest <br /> responsible bid no later than ten(10) days following CLC's receipt of the last submitted bid and <br /> immediately thereafter provide the other parties with a copy of the bid selected by CLC, and <br /> copies of the bids not selected by CLC. <br /> Within five(5)days after receipt of copies of the bids,the parties shall <br /> submit to CLC any written comments and/or objections to the bid selected by CLC. CLC and <br /> the other parties shall meet as soon as practical after CLC's receipt of the last comments to <br /> discuss and attempt to resolve any comments and/or objections. Upon resolution of any <br /> comments and/or objections, CLC shall promptly thereafter enter into a construction contract <br /> with the selected contractor consistent with the accepted bid and other matters agreed upon by <br /> the parties, subject to approval of the Final Subdivision Map. <br /> (ii) Construction of Detention Basin Improvements. CLC shall <br /> cause the Detention Basin Improvements to be constructed pursuant and subject to the provisions <br /> of this Agreement. City shall inspect construction of the Detention Basin Improvements and <br /> accept same upon completion of construction of the Detention Basin Improvements. No <br /> certificate of occupancy for any development at Staples Ranch shall be issued by City until <br /> construction of the Detention Basin Improvements have been completed and accepted by City. <br /> (iii) Detention Basin Construction Costs; Parties' Proportionate <br /> Shares. <br /> (A) Detention Basin Construction Costs; Change Orders. <br /> Subject to the following sentence,the phrase"Detention Basin Construction Costs" includes <br /> only the following: (I) all costs charged by contractors, subcontractors, and suppliers for <br /> construction of the Detention Basin Improvements; (2) fees, assessments and costs associated <br /> with securing approvals, permits and licenses for the construction of the Detention Basin <br /> Improvements; (3)City inspection(including any specialty inspection)and project management <br /> 000299.0044\1087426.6 4 <br />