Res 2024-112 approving a developer participation agreement with McCoy Corporation, providing for the city to participate in the cost of wastewater facility improvements

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accordance with the City's applicable ordinances, standards and processes; provided, however,that the City shall not unreasonably withhold,condition or delay approval of any such final plans and specifications to the extent generally consistent with Exhibit "B" attached hereto. 2.1.2 Project Manager. The Developer will act as project manager in the construction of the Improvements. If the plans for the Improvements are required to be sealed by a professional engineer,the Developer will ensure that the construction is carried out under the direct supervision of a professional engineer registered in the State of Texas. The City acknowledges and agrees that the plans for the Developer Force Main, the City Force Main and the Lift Station were developed by engineers hired directly by the City and in no event shall Developer have any liability in connection therewith. 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 Improvements shall be the responsibility of the Developer and shall not be deemed employees or agents of City for any purpose. 2.1.4 Performance Bond. Developer will execute a performance bond to ensure completion of the Improvements. The bond must be executed by a corporate surety in accordance with the Chapter 2253 of the Texas Government Code. 2.1.5 Warranty. The contract with the contractor will provide for at least a one- year warranty against defects in materials and workmanship. This warranty obligation shall be covered by any performance or payment bonds required of the contractor under the terms of the construction contract. 2.1.6 Completion and Acceptance. The date of completion shall be the date on which the City accepts the 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 Improvements,Developer shall,among other applicable requirements,provide to the City a one-year warranty from the contractor against defects in materials and workmanship in the Improvements and 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. 2.2 Cost Participation 2.2.1 Cost Participation Amount. The City is cost participating in the Improvements in an amount not to exceed $430,000.00 for those portions of the work additionally requested by the City as itemized in Exhibit "A." The Developer will be responsible for paying the remainder of the costs for the Improvements. Notwithstanding anything to the contrary contained herein, for the avoidance of doubt, the City shall bear the full cost of the City Improvements.