Res 2013-164(a)/Approving an developer participation agreement w/C&G development for the construction of a lift station

Home Browse Search

registered in the State of Texas. The City will act as project manager for the Electric Service Extension. 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. The parties agree and understand that all contractors, employees, volunteers and personnel furnished or used by the Developer in the installation of the Lift Station Improvements shall be the responsibility of the Developer and shall not be deemed employees or agents of City for any purpose. 2.1.4 Completion and Acceptance. The parties anticipate a completion date for the Lift Station Improvements to be nine months from the commencement of construction. The date of completion shall be the date on which the City accepts the Lift Station Improvements in accordance with the City's applicable ordinances, standards and processes and provides notice of such acceptance in writing to the Developer. Prior to the City's acceptance of the Lift Station Improvements, Developer shall, among other applicable requirements, provide City a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, materialmen and subcontractors have been released, and that there are no claims pending of which Developer has been notified. a. Before the City accepts the Lift Station Improvements, Developer agrees to and shall dedicate at no cost to the City all easements and/or rights -of- way, in forms acceptable to the City, related to and necessary for the location, operation and maintenance of the Lift Station Improvements. 2.2 Cost Participation; Payment; Contract Matters 2.2.1 Costs. The cost breakdown for the Lift Station Improvements is set forth in the engineer's estimates, included in Exhibit "A ". The estimated cost for the Electric Service Extension is $80,926.99. 2.2.2 Allocation of Costs. The City is cost participating in the Lift Station Improvements, in an amount not to exceed $113,000.00, for those portions of the work related to the Lift Station Improvements identified as the City's portion of the Lift Station Improvements and itemized in Exhibit "A." The Developer will be responsible for paying the remainder of the costs for the Lift Station Improvements. The City shall be responsible for the cost of installing the first 800 feet of improvements and lines for the Electric Service Extension in the estimated amount of $53,951.33. The Developer shall be responsible for paying the remaining costs of the Electric Service Extension in the estimated amount of $26,975.66 before the City installs any improvements in accordance with the City's applicable ordinances, standards and policies.