Res 2021-123/ratifying a Developer Participation Agreement with SML Owner I, LLC for the City to participate in the cost of replacing a section of a water main in the vicinity of the Lofts I and II Apartments

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proceeds to ensure compliance with the City's applicable ordinances, standards and processes. 2.1.2 Project Manager. The Developer, thru the Owner's Contractors will act as project manager in the construction of the Improvements. The Developer will ensure that the construction is carried out under the direct supervision of a professional engineer registered in the State of Texas. 2.1.3 Independent Contractor. The Developer shall be solely responsible for selecting, supervising and paying the construction contractor(s) or subcontractors and for complying with all applicable laws, including but not limited to all requirements concerning workers compensation and construction retainage. Developer has selected Owner's Contractors and Allied (subcontractor) to construct the Improvements. The parties agree and understand that all contractors, employees, volunteers and personnel furnished or used by the Developer in the installation of the Improvements shall be the responsibility of the Developer and shall not be deemed employees or agents of City for any purpose. 2.1.4 Maintenance Bond. Developer or General Contractors, at Developer's election, ("Contractor") will execute a one-year maintenance bond in an amount equal to 20% of the construction costs of the Improvements (the form and substance of which is attached as Exhibit B). The bond must be executed by a corporate surety in accordance with the Chapter 2253 of the Texas Government Code. 2.1.5 Warranty. The contract with the contractor will provide for at least a one- year warranty against defects in materials and workmanship. This warranty obligation shall be covered by any performance or payment bonds required of the contractor as specified in 2.1.4. 2.1.6 Completion and Acceptance. The City agrees to inspect the construction of the Improvements as construction progresses, to inspect the Improvements upon completion of construction, and to accept the Improvements upon satisfactory completion, in accordance with the City's inspection and acceptance policies and procedures specified in Exhibit C. The City will issue a certificate of acceptance of the Improvements when: a) the required close-out process is completed; b) the contractor submits a one (1) year warranty against defects in materials and workmanship in the Improvements as provided in 2.1.4; and c) the Contractor submits a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, materialmen, subcontractors have been released, and that there are no claims pending of which the Contractor has been notified. 2.1.7. Temporary Certificate of Occupancy ("TCO'). In consideration for Developer's agreement to add the New Water Line to the PICP Work at this stage of the construction of the Improvements, the City shall not require the completion of the Improvements as a condition to issuing a TCO for either Building, with the explicit understanding that the work involving the Improvements will be ongoing at the time of the anticipated TCO (in July of 2021). Subject to the foregoing condition, TCO's will be issued for the Buildings pursuant to the City's normal procedures, as identified in the City of San 123138865.3