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Res 2006-153
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Res 2006-153
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Last modified
3/6/2007 2:01:04 PM
Creation date
10/23/2006 10:26:42 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-153
Date
9/19/2006
Volume Book
169
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<br />standard City requirements generally applicable to developers within the City with regard to the <br />acceptance of facilities by the City. <br /> <br />(B) Upon the issuance by the City of the Letter of Acceptance, the Developer <br />shall convey ownership of the real property comprising the Project site to the City in a dedication <br />document acceptable to the City. The Developer shall, prior to the conveyance, shall provide <br />evidence to the City that the Project site is free and clear of any liens, encumbrances or claims. <br /> <br />ARTICLE IV <br />DUTIES AND RESPONSIBILITIES OF THE DEVELOPER <br /> <br />Section 4.01 Construction Management. In consideration of full or partial <br />reimbursement of actual Project Costs under the terms of this Agreement, the Developer will <br />design, develop, acquire, construct and install or cause the design, development, acquisition, <br />construction and installation of the Project, and will provide and furnish, or cause to be provided <br />and furnished, all materials and services as are required in connection with the construction and <br />installation of the Project. The Developer shall obtain all necessary permits and approvals from <br />the City and all other governmental officials and agencies having jurisdiction, and shall provide <br />supervision of all phases of construction of the Project. The Zone and the City shall provide all <br />reasonable assistance to the Developer in obtaining such permits and approvals necessary to <br />construct the Project. <br /> <br />Section 4.02 Construction and Implementation of the Proiect. <br /> <br />(A) The Developer shall be responsible for the inspection and supervision of <br />the construction, implementation and installation of the Project. The Developer agrees to use a <br />competitive process to secure bids for the construction of the Project, and to submit a tabulation <br />of bids, the proposed construction contractor, and the proposed construction contract price to the <br />City for review and approval prior to award of the construction contract. If the City Director of <br />Engineering does not reject the proposed construction contractor or the proposed contract price <br />within three business days of receipt, the contractor and the contract price will be deemed <br />approved. The Developer shall ensure that the construction is carried out under the direct <br />supervision of a professional engineer registered in the State of Texas. <br /> <br />(B) The Developer agrees to submit to the City for review and approval all <br />change orders to the construction contract which increase the Project Costs, other than field <br />change orders which, individually, do not exceed $25,000 in amount. If the City Director of <br />Engineering does not reject a proposed change order within three business days of receipt, the <br />change order will be deemed approved. <br /> <br />(C) Upon Completion of the Project, the Developer shall provide the Zone <br /> <br />with: <br /> <br />(i) a written request for Reimbursement relating to the final amounts <br /> <br />owed the Developer; <br /> <br />(ii) final "as-built" drawings for the Project in hard copy and in an <br />electronic format acceptable to the City Engineering Department; <br /> <br />-7- <br />
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