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site visits and inspections during construction to determine compliance with the Approved Plans <br /> or applicable ordinances, standards and processes; provided that, however, such inspections shall <br /> be conducted promptly after any request by the Owner, and, to the extent such site visits and <br /> inspections relate to the Waterline Improvements, shall be at the City's sole cost and expense. <br /> 2.1.8 Independent Contractor. Except as otherwise provided in this Agreement and <br /> subject to the City's payment obligations set forth in this Agreement, the Owner shall be solely <br /> responsible for selecting, supervising and paying the construction contractor(s)and for complying <br /> with all applicable laws, including but not limited to all requirements concerning construction <br /> retainage, and for requiring in the construction contract for the contractor to comply with all <br /> applicable laws concerning workers compensation. The Parties agree and understand that all <br /> contractors,employees,volunteers and personnel furnished or used by the Owner in the installation <br /> of the Waterline Improvements shall be the responsibility of the Owner and shall not be deemed <br /> employees or agents of City for any purpose. <br /> 2.1.9 Completion. The contract with selected contractor shall establish an estimated <br /> completion date for the Waterline Improvements from the commencement of construction. The <br /> date of completion shall be the date on which the City accepts the Waterline Improvements for <br /> ownership, operation and maintenance in accordance with the City's applicable ordinances, <br /> standards and processes and provides written notice of such acceptance to the Owner. <br /> 2.1.10 Acceptance. The City shall accept the Waterline Improvements subject to the <br /> following: <br /> a. The Owner shall provide to the City a notarized affidavit from the selected <br /> contractor stating that all bills for labor,materials,and incidentals incurred have been paid <br /> in full, that any claims from manufacturers, materialmen and subcontractors have been <br /> released, and that there are no claims pending of which Owner has been notified. <br /> b. The Waterline Improvements shall have passed all customary City <br /> inspections under applicable ordinances and standards for acceptance of public <br /> improvements by the City. <br /> c. The Owner is, otherwise, in compliance with the terms of this Agreement. <br /> d. The Owner shall have caused the selected contractor to provide a warranty <br /> and maintenance bond;provided that, however, expiration of the warranty period covered <br /> by such bond shall not be required to have occurred in order for the Waterline <br /> Improvements to be complete under Section 2.1.9 above. <br /> 2.2 Construction Contract <br /> 2.2.1 Contractor Agreement. Prior to execution,Owner will provide the City with a copy <br /> of the proposed construction contract between Owner and the contractor for review and approval <br /> as to the requirements in this section and applicable parts of this Agreement. The City shall be <br /> named as a third-party beneficiary under the contract only to the extent of the City's interests in <br />