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shall provide all required assistance, drawings, rights-of-way, easements, or other information, property, <br />or materials reasonably requested by TXDOT to ensure the completion of improvements, and Developer <br />shall pay to City an amount equal to any and all costs imposed on City by said AFA; and <br />WHEREAS, City and Developer desire to enter into this Agreement to set forth the terms and <br />conditions of making such improvements and other matters related to the development of the Property. <br />NOW THEREFORE, City and Developer in consideration of the agreements contained herein do <br />hereby enter into the Agreement. <br />1. A. Developer or its contractor shall acquire and maintain, during the period of time when <br />the public infrastructure is under construction (and until the final completion of the <br />public infrastructure and the acceptance thereof by City) (a) workers compensation <br />insurance in the amount required by law; and (b) commercial general liability insurance <br />including personal injury liability, premises operations liability, and contractual liability, <br />covering, but not limited to, the liability assumed under the indemnification provisions <br />of this Agreement, with limits of liability for bodily injury, death and property damage of <br />not less than $1,000,000.00 whichever is greater. Coverage must be on an "occurrence" <br />basis. Such insurance shall also cover any and all claims which might arise out of the <br />public infrastructure construction contracts, whether by the contractor, a <br />subcontractor, material man, or otherwise. <br />B. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. <br />Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name <br />City as an additional insured and contain a waiver of subrogation endorsement in favor <br />of City. Upon the execution of public infrastructure construction contracts, Developer <br />shall provide to City certificates of insurance evidencing such insurance coverage <br />together with the declaration of such policies, along with the endorsement naming City <br />as an additional insured. Each such policy shall provide that, at least 30 days prior to the <br />cancellation, non -renewal or modification of the same, City shall receive written notice <br />of such cancellation, non -renewal or modification. <br />2. The installation and construction of the portion of the Public Improvements as shown on <br />Exhibits B and C, attached hereto and incorporated herein, constructed and/or funded by the <br />Developer shall be in accordance with the following: <br />A. Developer shall construct all Public Improvements, as shown on Exhibits B, C, and D <br />substantially in accordance with the plans and specifications approved by City and in <br />accordance with all ordinances, rules and regulations, including, without limitation, any <br />applicable state and/or federal law, rule, and/or regulation, and shall be subject to <br />regular inspection by City employees, agents, or contractors. <br />B. Developer agrees to furnish to City maintenance bonds in an amount equal to 100% of <br />the cost of construction of public facilities, as shown on Exhibits B and D. These <br />maintenance bonds will be issued for a period of one year, beginning on the date of <br />acceptance by City, that all improvements covered by this Agreement will be free of <br />defects or failures due to materials or workmanship. The maintenance bonds will be <br />Page 2 of 11 <br />