Res 2012-011 - Laserfiche WebLink

Home Browse Search

City and the County. The contract shall include provision for the following: A. Performance Bond. The construction contract with the successful bidder must include the requirements that the Contractor must procure and maintain a performance bond from a surety authorized to do business in Texas in accordance with Chapter 2253 of the Texas Government Code, in the full amount of the construction contract amount. The performance bond shall remain in effect for a period of one year after final completion of the work. B. Warranty. The contract shall 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 and this Agreement. C. Insurance and Indemnification. The contract must include requirements that the contractor must maintain at least such liability, workers compensation and other insurance as normally required for work in City streets and rights -of -way under applicable City of San Marcos ordinances. Such insurance shall name each of the Parties as an additional insured where applicable. The contract will further require the contractor to indemnify, defend and hold the Parties harmless from and against damages or injuries related to the construction of the Improvements S. . Completion Deadline. The Developer agrees to complete the Improvements no later than 18 months after the completion of right -of -way acquisition by the City, except that any portions of the Improvements fiinded by or constructed by the Texas Department of Transportation ( "TXDOT ") under paragraph 16 may be completed in accordance with such timelines or schedules approved by TXDOT. The Improvements shall be deemed completed when the City determines that the Improvements comply with all applicable City of San Marcos standards and with the plans and specifications approved by the City and the County and accepts the Improvements as provided in this Agreement. 6. Design of Improvements; As -Built Drawings. The Developer shall be responsible for procuring the design and engineering services related to the Improvements from a professional engineer registered in the State of Texas. The final plans and specifications for the Improvements shall be approved by the City and the County before the Developer solicits bids for construction of the Improvements. Upon completion of the Improvements, the Developer shall submit final as -built drawings of the Improvements to the City and the County in such format as required by applicable City and County standards, rules and ordinances. 7. Cost Participation by City, County and Developer. The City, County and Developer agree to participate equally in the overall costs associated with the acquisition or right - of -way and design and construction of the Improvements in the total estimated amount of $3,210,000.00 (the "Estimated Project Cost "). Any expenditure of finds or contract that would result in the expenditure1inds above Estimated Project Cost must first be approved by all of the Parties. If the actual total costs upon completion of the Improvements are less than the Estimated Project Cost, each Party's sliare of the Estimated Project Cost shall be -reduced proportionately. Notwithstanding the forgoing, the fiends of the City shall not be applied to more than 30 percent of the contract amount for construction of the Improvements and will be limited to the amounts related K