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conditioned on payment of any fees or costs other than administrative costs for processing. <br />Louisville shall provide periodic progress reports to Lafayette on the Plan and related <br />matters. Lafayette shall coordinate directly with the design consultant to resolve any issues <br />or questions related to the segment of CO42 within Lafayette's city boundary. Each Party <br />shall provide to the other at no additional costs copies of any contracts, drawings, <br />applications for payments, invoices, billing records and other records related to the Plan. <br />b. While Louisville will be the lead agency, both Parties will mutually participate <br />with the consultant in the performance of the development of the Plan. Louisville shall <br />provide to Lafayette copies of the proposed design plans for the Plan. Both Parties will be <br />present during all meetings and negotiations with the design consultant to provide input <br />as to the scope of the Plan and the consultant's course of the work thereon unless the <br />Parties agree in writing that one of the Party's presence is not required. <br />c. Lafayette shall be the approving authority regarding the consultant's design <br />of all elements North of the Paschal intersection. Both Parties shall have approval over <br />the Paschal intersection and within 150' of the intersection as shown in Exhibit A. The <br />Plan shall address future maintenance of all shared elements which both parties shall <br />agree to in writing. <br />6. Contact Persons. The contact persons for administering this Agreement <br />shall be the Public Works Director of each Party. Any approval hereunder required of a <br />Party of any drawings, designs or specifications may be granted or withheld by a writing <br />issued by the Public Works Director of such Party. <br />7. Unexpected Costs. In the event that costs for the Plan are expected to <br />exceed $894,886.28, the Parties shall enter into good faith negotiations regarding an <br />agreement or an amendment to this Agreement to address allocation of the increased in <br />costs. <br />8. Cost Recovery. This Agreement is not intended and shall not be construed <br />to affect either Party's ability to obtain cost recovery payments for the Plan from <br />developments within their respective jurisdictions. <br />9. No Third -Party Beneficiaries. This Agreement is intended to describe the <br />rights and responsibilities only as to the Parties hereto. This Agreement is not intended <br />and shall not be deemed to confer any rights on any person or entity not named as a <br />Party hereto. <br />10. Assignment. This Agreement shall not be assigned by either Party without <br />the prior written consent of the other Party. <br />11. Insurance. Each Party agrees, at all times during the term of this <br />Agreement, to maintain such liability insurance, by commercial policy or self-insurance, <br />as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, <br />("Act") C.R.S. § 24-10-101, et seq. as may be amended, and nothing herein shall be <br />3 <br />