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Res 2017-183/approving a developer participation agreement between the City and Whisper Master Community Limited Partnership providing for the City’s participation in the cost of oversizing certain public street improvements
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Res 2017-183/approving a developer participation agreement between the City and Whisper Master Community Limited Partnership providing for the City’s participation in the cost of oversizing certain public street improvements
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12/27/2017 1:57:35 PM
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Resolutions
City Clerk - Type
Approving
Number
2017-183
Date
12/19/2017
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concerning workers compensation and construction retaimege. The parties agree and <br />understand that all contractors, employees, volunteers and personnel furnished or used by <br />the Developer in the installation of the Public Improvements shall be the responsibility of <br />the Developer and shall not be deemed employees or agents of City for any purpose. <br />2.1.2 Completion and Acceptance. The parties anticipate a completion date for <br />the Public Improvements to be 270 days from the commencement of construction. The date <br />of completion shall be the date on which the City accepts the Public Improvements in <br />accordance with the City's applicable ordinances, standards and processes and provides <br />notice of such acceptance in writing to the Developer. Prior to the City's acceptance of the <br />Public lmprovements, Developer shall, among other applicable requirements, provide City <br />a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have <br />been paid in full, that any claims from manufacturers, materiahnen and subcontractors have <br />been released, and that there are no claims pending of which Developer has been notified. <br />a. Before the City accepts the Public Improvements, Developer agrees <br />to and shall dedicate at no cost to the City all easements and/or rights-of-way, in <br />forms acceptable to the City, related to and necessary for the location, operation <br />and maintenance of the Public Improvements. <br />2.2 Coat Participation; Payment; Contract Matters <br />1.2.1 Overall Project Cost. The cost breakdown for the Public Improvements is <br />set forth in the attached engineer's estimates, attached as Exhibit "B". <br />2.1.2 City Participation Amount. The City is cost participating in the Public <br />Improvements, in an amount not to exceed $1,592,681.86, for those portions of the work <br />related to the Public Improvements and as itemized in Exhibit `B." <br />2.2.3 Contractor Agreement. Developer will provide the City with a copy of the <br />bid form provided by its contractor, and one complete copy of the construction contract <br />between Developer and the contractor. <br />a. Insurance Requirements. Developer will include in the contract <br />requirements that the contractor must maintain commercial general liability <br />insurance coverage for all of its operations under the contract, and all persons <br />engaged in work under the contract must be covered by workers' compensation <br />insurance. <br />b. Per Bond Developer shall provide a perfomamce bond to <br />ensure completion of the Public Improvements in accordance with Section 212.073 <br />of the Texas Local Government Code. <br />2.2.4 Applications for Payment. The Developer may submit to the City written <br />applications for payment up to once per month for work on the Public Improvements that <br />has been inspected by the City and properly completed through the last day of the calendar <br />
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