Res 2013-181/Authorizing a Utility Extension and Participation agreement between C.S. Meeks

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3.2. Design. The estimated total design cost of the Project based upon the Engineer's cost estimate attached hereto as Exhibit B is $22,600.00. The City's design cost participation is $19,655.22 or 86.97% of the total design cost and Developer shall pay the balance of the design cost. 3.2.1. The City agrees to review the design and construction plans for the Improvement, and to accept the design and construction plans upon finding that the plans meet the City's design and engineering specifications. 3.3 Project Management; Oversight by Engineer. The Developer will act as project manager in the construction of the Improvement. The Developer will ensure that the construction is carried out under the direct supervision of a professional engineer registered in the State of Texas. 3.4 Independent Contractor. 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. 3.4.1 The parties to this Agreement agree and understand that all employees, volunteers, personnel and materials furnished or used by Developer in the installation of the specified improvements shall be the responsibility of Developer and shall not be deemed employees or agents of City for any purpose. 3.5. Public Bidding of the Project. The estimated total construction cost of the Project is $153,862.50 plus a contingency of $15,437.50 for a total of $169,300.00. The total estimated Project cost is: $191,900.00 ($169,300.00 plus $22,600.00 as detailed in Exhibit B). The City's cost participation is 86.97% of the total Project cost and therefore, the Developer agrees that the project must be publicly bid in accordance with the requirements of TEXAS LOCAL GOVERNMENT CODE, SECTION 252. Developer shall pay the balance of the Project cost. 3.5.1. 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. Developer will include in the contract requirements that a) the contractor must maintain commercial general liability insurance coverage for all of its operations under the contract, and b) all persons engaged in work under the contract must be covered by workers' compensation insurance. Developer will require payment and performance bonds in accordance with the TEXAS GOVERNMENT CODE SECTION 2253. 3.5.2 Payment for materials and labor. 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 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 City, Developer shall, where no payment bond covers the work, upon written notice from the City, 3