Agmt10 R.C. Peninsula Park, LLC (2)

Browse Search

C. Developer's Election to Perform Work. Notwithstanding the provisions of Section 4.11(B) above, and in accordance with Section 53329.5 of the Act, if at the time bids are received for any particular Facility or Discrete Component the Developer owns three- fourths of the area of lands in the CFD taxed or liable to be taxed for purposes of the CFD, the Developer or a designated agent thereof (who shall provide the City Engineer with a written declaration under penalty of perjury in form acceptable to the City Engineer to the effect that the Developer so owns such land and, if applicable, that such other entity is such an agent), the Developer or its designated agent may, within 10 days after the publication of the notice of the bid results in such paper as the City Engineer shall specify, elect to perform the work and enter into a written contract to do the whole work at prices not exceeding the prices specified in the bid of the lowest responsible bidder, and all work done under the contract shall be subject to all provisions of this Acquisition Agreement other than the requirement that the contract work be awarded to and performed by the lowest responsible bidder. The Developer shall advise the City Engineer of any election under the preceding sentence, and shall promptly provide written notice to the lowest responsible bidder of its election to perform the work, and that the services of such winning bidder will no longer be required. The Developer (and its agents) may only avail itself of the foregoing provisions of this Section 4.10(C) if the bid documents for the respective Facility or Discrete Component expressly disclosed its right to do so, as required by the second paragraph of Section 4.11(B) above. D. Periodic Meetings. From time to time at the request of the City Engineer, representatives of the Developer shall meet and confer with City staff, consultants and contractors regarding matters arising hereunder with respect to the Facilities, Discrete Components and the progress in constructing and acquiring the same, and as to any other matter related to the Facilities or this Acquisition Agreement. E. Prevailing Wages. The Developer shall require with respect to any contracts or subcontracts for the construction of Facilities or Discrete Components to be acquired from Developer hereunder, that the contractor or subcontractor assure complete compliance with any applicable law or regulation for the payment of prevailing wages. F. Pre - approved Contracts. Notwithstanding the requirements of this Acquisition Agreement, the City hereby approves the contracts for work related to the Facilities that are listed in Exhibit D hereto that were executed by the Developer prior to the formation of the CFD. Section 4.12. Independent Contractor. In performing this Acquisition Agreement, the Developer, the Contractor and all subcontractors selected by the Developer or the Contractor to construct the Facilities are independent contractors and not the agents or employees of the City or the CFD. The City or the CFD shall not be responsible in any way for making any payments directly or otherwise to any contractor, subcontractor, agent, consultant, employee or supplier of the Developer except as specified in a Payment Request submitted by Developer. Section 4.13. Performance and Payment Bonds: The Developer agrees to comply with all applicable performance and payment bonding requirements of the City with respect to the construction of the Facilities. Performance and payment bonds shall not be required of the -12-