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g. in any Construction Contract executed for improvement of the Projects, provide <br />that approval of the County and the City is required for release of retainage and <br />that the signature of the Hays County Auditor is required for processing of the <br />final pay request; <br />h. in any Construction Contract executed for improvement of the Projects, provide <br />that neither Hays County, Texas nor the City of San Marcos, Texas shall control <br />the method or means of performance of the work by the Contractor and any <br />subcontractors; and <br />i. in any Construction Contract executed for improvement of the Project, state that <br />Contractor is an independent contractor of The City of San Marcos, Texas. <br />3.3 Following the award of any Construction Contract, City staff will oversee execution of the <br />contract documents and provide a notice to proceed to the Contractor only after any and all <br />contingencies contained in the contract documents have been met. <br />IV. City's Duties — Construction Phase of the Project. <br />4.1 The City shall monitor any Contractor's compliance with all terms and conditions of the <br />Construction Contract. City staff shall notify Contractor, in writing of any deficiencies or <br />defaults. <br />4.2 The City shall inspect the work done by any Contractor to verify the delivery of materials <br />and completion of work as represented in each payment draw. <br />4.3 City staff shall review and approve payment draw requests and supporting documentation. <br />4.4 For all payment draws except the final payment draw submitted by Contractor, City shall <br />promptly pay the Contractor directly after its approval of the payment draws, less a 5% <br />retainage. For the final payment draw submitted by Contractor, City shall make final <br />payment to Contractor only after release of retainage is authorized by the City and the Hays <br />County Auditor pursuant to Section 3.2(g), above. <br />