Resolution 2025-86 - Laserfiche WebLink

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NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows: 1. Incorporation of Recitals. The Parties confirm and incorporate the foregoing recitals into this Agreement. 2. Responsibilities of Louisville. Louisville will oversee the completion of the design phase of the Plan, will be the lead agency with respect to contracting and communicating with CDOT, and shall be responsible for all contracting, supervisory and administrative matters related to execution of the Grant and completion of the Plan. The parties agree that Kimley-Horn & Associates has been engaged to complete the Plan. Lafayette shall have the opportunity to review and provide feedback on submittals regarding the design of elements within Lafayette's city limits and annexation boundaries, and the Paschal intersection. Louisville will advise Lafayette of the timeline for the Plan, will provide Lafayette a copy of Louisville's agreement with the consultant engaged to complete Plan, will provide updates of the progress on the Plan upon request, and will provide Lafayette copies of all design drawings, plans and other materials prepared by the consultant for the Plan. 3. Project Costs. The Parties have estimated the Plan to cost $894,886.28 and agree that $870,000 in Grant funds shall be applied toward the development of the Plan. For any costs in excess of $870,000, Lafayette agrees to pay 100°/o up to a total financial commitment by Lafayette of $24,886.28. 4. Reimbursement of Costs. After 100% of the Grant funds have been utilized, Louisville shall send Lafayette a monthly or quarterly invoice for the Plan costs incurred by Louisville in the prior period, including copies of invoices and pay applications received from the consultant. Lafayette agrees to reimburse Louisville for 100% of the Plan costs in excess of $870,000 up to a maximum of $24,886.28. Lafayette agrees to submit payment within 30 days of receipt of each invoice. The Parties agree that no costs in excess of $894,886.28 set forth in Section 3 shall be incurred for the Plan without prior written approval of both Parties. 5. Cooperation. a. In the performance of this Agreement or in considering any requested approval, acceptance, or extension of time, the Parties each agree that they will act in good faith and will not act unreasonably, arbitrarily, capriciously, or unreasonably withhold, condition, or delay any approval, acceptance, or extension of time required or requested pursuant to this Agreement. Each Party shall promptly provide any information, approval or document necessary for implementation of this Agreement. Each Party will execute such additional documents and agreements as necessary to effectuate the development of the Plan, including but not limited to cooperating to obtain all required PUC and BNSF approvals, permits and agreements required for the Plan. Each Party shall issue those street cut permits, access permits and other procedural or substantive permits and approvals that are necessary for the Plan, which permits and approval are not to be 2