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3. The general contractor for the project must agree in writing to comply with all <br /> applicable laws concerning reporting and payment of prevailing wages for the <br /> project; <br /> 4. The funds contributed to the project may not provide a pecuniary benefit to the <br /> owner of the development for which the project is being constructed, other than <br /> benefits that are shared by all members of the community; <br /> 5. The performance of the general contractor and the payment of labor for the <br /> project must be secured by performance and payment bonds or other cash- <br /> equivalent security that is acceptable to the purchasing agent to protect the city <br /> against defective performance and claims for payment, unless the city's <br /> obligation to make a payment is conditioned upon final completion of the public <br /> improvement and proof of, or security for payment that is acceptable to the <br /> purchasing agent; and, <br /> 6. The contract for construction of the project must be amended, as necessary, to <br /> require the general contractor to maintain adequate workers compensation and <br /> liability insurance and to protect and provide indemnification to the city for all <br /> claims for payment, injury or property damage arising from or related to the <br /> construction of the project. <br /> <br />Alternate Award Process. Not applicable. City does not award contract. <br /> <br />Cost Savings and Other Benefits. <br /> <br /> 1. No mobilization cost. <br /> <br /> 2. Reduced engineering and design costs - ties into existing project. <br /> <br /> 3. No solicitation expense. <br /> <br /> 4. Allows city to take advantage of private funding and development activities <br />to enhance public infrastructure. <br /> <br />Affect on Competition. None. The contract is awarded by private business owner <br />who has personal motivation to minimize cost of improvements. <br /> <br />No Favoritism. City does not select general contractor. General contractor is selected <br />by developer. <br /> <br />Other Factors. Initiated by private entities rather than city. City responds to <br />opportunity. <br /> <br />Statutory Requirements. Based on the foregoing: <br /> <br /> 1. It is unlikely that the exemption will encourage favoritism in the awarding <br />of public improvements contracts or substantially diminish competition for public <br />improvement contract; and <br /> <br /> <br />