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

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2.2.3 Public Bid. If the City's cost participation is more than 30 percent of the the total contract price, the Developer agrees that the project must be publicly bid in accordance with the requirements of TEXAS LOCAL GOVERNMENT CODE CHAPTER 252. 2.2.4 Contractor Agreement. Developer will provide the City with a copy of the bid form provided by its contractor, and one complete copy of the construction contract between Developer and the contractor. a. Insurance Requirements. Developer will include in the contract requirements that the contractor must maintain commercial general liability insurance coverage for all of its operations under the contract, and all persons engaged in work under the contract must be covered by workers' compensation insurance. b. Payment and Performance Bonds. Developer will require payment and performance bonds in accordance with the TEXAS GOVERNMENT CODE CHAPTER 2253. 2.2. S Application for Payment. The Developer shall submit a written application for City participation payment within 30 days after the City's acceptance of the Lift Station Improvements. The application for payment to the City shall be for the lesser of the amount of the actual costs associated with the City's portion of the Lift Station Improvements or the City's participation amount as stated in paragraph 2.2.2. the application for payment by the Developer to the City for payment to the Developer shall be in a form acceptable to City and must include a breakdown of actual costs of the Lift Station Improvements with supporting documentation, including all payment receipts and any other documentation reasonably requested by the City to support the City's expenditure of public funds. a. City Payment. Subject to all applicable ordinances, standards and processes, the City will pay its participation funds in one payment within 30 days after receipt of a complete (as determined by the City) written application for participation payment from Developer. 2.2.6 Payments to Subcontractors and Suppliers. The Developer shall be solely and exclusively responsible for compensating any of its contractors, employees, subcontractors, materialmen and/or suppliers of any type or nature whatsoever and insuring that no claims or liens of any type will be filed against any property owned by the City arising out of or incidental to the performance of any service performed pursuant to this Agreement. In the event a statutory lien notice is sent to the City, the Developer shall, where no payment bond covers the work, upon written notice from the City, immediately obtain a bond at its expense and hold City harmless from any losses that may result from the filing or enforcement of any said lien notice.