Res 2013-179/Approving a Developer participation agreement w/Carma Blanco Vista, LLC in the cost of oversizing a waterline along Post Road near the Blanco Vista Subdivision

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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 Public 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 Public Improvements to be no later than December 31, 2014. The date of completion shall be the date on which the City accepts the Public 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 Public 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 Public 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 Public Improvements. 2.2 Cost Participation; Payment; Contract Matters 2.2.1 Overall Project Cost. The cost breakdown for the Public Improvements is set forth in the attached engineer's estimates, attached as Exhibit `B ". 2.2.2 City Participation Amount. The City is cost participating in the Public Improvements, in an amount not to exceed $1,006,808.00 for those portions of the work related to the oversizing of the Public Improvements and as itemized in Exhibit `B." The Parties acknowledge and agree the figures in Exhibit B are only estimates and may change. In the event the costs exceed the totals reflected in Exhibit B, each party agrees to pay such excessive costs attributable to its portion of the Public Improvements. The City, specifically, will only be responsible for additional costs that are attributable to oversizing and such payment shall be subject applicable laws and procedures governing the City's expenditure of funds. 2.2.3 Public Bid. In no case shall the City's contributions toward the cost of the public improvements under this Agreement exceed thirty percent (30 %) of the total contract price for the Public Improvements without Developer complying with the bidding requirements of TEXAS LOCAL GOVERNMENT CODE CHAPTER 252.