Resolution 2014-34 - Laserfiche WebLink

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(c) The reasonable and documented labor and materials costs of the Project Engineer and Construction Manager for services performed for the URA Public Improvements shall be paid from the Construction Funds, subject to the further requirement that the total costs of all 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. (d) Consistent with the phasing plan in the City - approved PUD and Subdivision Agreement for the Development, the Project Engineer shall reasonably determine the sequence and timing of the commencement and completion of the construction of the URA Public Improvements. Any amendments to the phasing plan in the City - approved PUD and Subdivision Agreement shall require prior written approval by the City. (e) The Property Owner shall execute a Subdivision Agreement governing the construction of the URA Public Improvements and other public improvements for the Development and shall cause each URA Public Improvements and other public improvement to be completed in accord with the Subdivision Agreement, this Agreement and approved CD Plan. (f) The URA Public Improvements shall be competitively bid and the Property Owner's bid package as well as its choice of contractors shall be subject to review, comment and approval by the LRC and the City Manager (or a designee from the City Manager upon written notice to Property Owner) prior to the award of contracts for the construction of the URA Public Improvements. Such approvals shall not be unreasonably withheld or delayed. In the event the LRC or City Manager does not approve the bid package or any contractor, the LRC and City Manager shall provide written reasons for any such non - approvals by the LRC and/or City Manager, as applicable, within 10 business days after the bid packages and contractor choice(s) have been submitted for approval by Property Owner. (g) Nothing in this Agreement releases or relieves the Property Owner or any landowner, subdivider, or developer of the DELO PUD or Property, or any of their respective successors or assigns, but in no event including the owner - occupant or tenant of any finished, individual residential unit, of obligations to construct the URA Public Improvements for the Development or of obligations to provide to the City such financial guarantees as may be required by the City to ensure the completion of other public improvements (except as expressly provided herein), or of any other obligations to the City under the Louisville Municipal Code or any applicable annexation agreement, the Subdivision Agreement, or other agreements affecting the development of the DELO PUD or Property. (h) The Property Owner will cooperate with the City in the installation of a second RCP stormwater drainage line as depicted on Exhibit E ( "City Drainage Line "). Terms of the cooperation concerning the City Drainage Line, including allocation of costs associated with the construction of such Line, shall be included in the Subdivision Agreement. 4