Resolution 2014-34 - Laserfiche WebLink

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additional Owner's Funds in the amount of the difference between the engineer's estimates and the proposed contract price. 2. Identification of Public Improvements. (a) Except as may be approved in a written amendment hereto signed by the Parties, the URA Public Improvements that will be financed by the Construction Fund are limited to those set forth on Exhibit D. (b) The Property Owner shall design, engineer, and complete construction documents for the URA Public Improvements ( "CD Plan" or "CD Plans "), which CD Plans shall be prepared pursuant to and be in conformance with the final, City - approved DELO PUD and related subdivision plat, the Subdivision Agreement and /or any related development agreement for the DELO Development, all applicable City ordinances, rules, regulations, standards, specifications and criteria for public improvements and preparation of plans and construction documents therefor, and all other applicable federal, state, and local standards and criteria (hereinafter collectively referred to as "Legal Standards "). The Property Owner shall be reimbursed from the Construction Fund for the reasonable and documented costs of the CD Plans for the URA Public Improvements, subject to the further requirement that the costs of such services shall in no event exceed six percent (6 %) of the total, actual labor and materials costs for completion of the URA Public Improvements. 3. Construction Coordination. (a) The Property Owner may hire J3 Engineering (Jason Margraf) ( "Project Engineer") to produce the CD Plans for the URA Public Improvements. If the Property Owner does so, the contract shall include terms making the City and LRC third party beneficiaries of the contract with the right to enforce any applicable warranties and covenants against the Project Engineer. If and as necessary, Property Owner may replace the Project Engineer with another professional engineer licensed in the State of Colorado using a contract containing a similar third party beneficiary term in favor of the City and LRC. All necessary engineering services relating to the design and construction of the URA Public Improvements shall be performed by or under the supervision of a Registered Professional Engineer or Registered Land Surveyor, or other professionals, as appropriate, licensed by the State of Colorado, and in accordance with applicable Colorado law; and shall conform to the Legal Standards. (b) The Property Owner may engage H2 Development Services (Dan Hubbard) ( "Construction Manage") to oversee the work of the contractors that are selected to build the URA Public Improvements. If the Property Owner does so, the contract shall include terms making the City and LRC third party beneficiaries of the contract with the right to enforce any applicable warranties and covenants against the Construction Manager. If and as necessary, Property Owner may replace the Construction Manager using a contract containing a similar third party beneficiary term in favor of the City and LRC. The provision shall not be deemed to preclude the City from providing its own superintendence of the construction of the URA Public Improvements. 3