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the Developer in the installation of the Improvements shall be the responsibility of the <br />Developer and shall not be deemed employees or agents of City for any purpose. <br />2.1.4 Performance Bond. Developer will execute a performance bond to ensure <br />completion of the Improvements. The bond must be executed by a corporate surety in <br />accordance with the Chapter 2253 of the Texas Government Code. <br />2.1.5 Warranty. The contract with the contractor will provide for at least a one- <br />year warranty against defects in materials and workmanship. This warranty obligation <br />shall be covered by any performance or payment bonds required of the contractor under <br />the terms of the construction contract and this Agreement. <br />2.1.6 Completion and Acceptance. The date of completion shall be the date on <br />which the City accepts the Improvements in accordance with the City's applicable <br />ordinances, standards and processes and provides notice of such acceptance in writing to <br />the Developer. Prior to the City's acceptance of the Improvements, Developer shall, among <br />other applicable requirements, provide to the City a one-year warranty from the contractor <br />against defects in materials and workmanship in the Improvements and a notarized <br />affidavit stating that all bills for labor, materials, and incidentals incurred have been paid <br />in full, that any claims from manufacturers, materialmen and subcontractors have been <br />released, and that there are no claims pending of which Developer has been notified. <br />2.2 Cost Participation <br />2.2.1 Cost Participation Amount. The City is cost participating in the <br />Improvements in an amount not to exceed $500,000.00 for those portions of the work <br />additionally requested by the City as itemized in Exhibit "A." The Developer will be <br />responsible for paying the remainder of the costs for the Improvements. <br />2.2.2 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 Requirments. Developer will include in the contract <br />requirements that the contractor must maintain commercial general <br />liability insurance coverage for all of its operations under the contract, <br />and all persons engaged in work under the contract must be covered by <br />workers' compensation insurance. <br />b. Payment and Performance Bonds. Developer will require payment and <br />performance bonds in accordance with the TEXAS GOVERNMENT <br />CODE CHAPTER 2253. <br />2.2.3 Application for Payment. The Developer shall submit a written application <br />for City partial payment toward the costs associated with the City's portion of the Public <br />Improvements in connection with each monthly payment request provided by the <br />Developer's contractor as defined in the contractor agreement provided to the City as stated <br />in paragraph 2.2.2. The application for payment to the City shall be for the lesser of the <br />01 <br />