Resolution 2019-01 - 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 Construction Phase of the Project, will be the lead agency with respect to contracting and communicating with CDOT, and shall be solely responsible for all contracting, supervisory and administrative matters related to execution of the Grant and completion of the Construction Phase. Louisville will advise Lafayette of the timeline for the Construction Phase, will provide Lafayette a copy of Louisville's agreement with the contractor engaged to complete the Construction Phase, will provide updates of the progress on the Construction Phase upon request, and will provide Lafayette copies of all as -built drawings, plans and other materials prepared by the contractor for the Construction Phase. 3 Project Costs. The Parties agree that $1,266,373 in Grant funds shall be applied toward the Construction Phase ("Construction Phase Grant Funds"). Construction Phase Grant Funds shall be credited proportionately across the cost of constructing each of the crossings, based on the actual construction cost of such crossing. For example, if the actual cost of constructing the crossing at Baseline Road equates to one -sixth (1/6) of the actual total cost of the Construction Phase of the Project, then one -sixth (1/6) of the Construction Phase Grant Funds shall be credited to the construction of the crossing at Baseline Road. Lafayette agrees to pay the total cost of construction of the crossing at Baseline Road, minus the Construction Phase Grant Funds credited to that portion of the Project ("Lafayette Share"). Louisville agrees to pay for the total construction costs of the three (3) crossings within City of Louisville municipal limits, minus the Construction Phase Grant Funds credited to those portions of the Project ("Louisville Share"). 4 Reimbursement of Costs. When construction of the Project has been completed, Louisville shall calculate, and send Lafayette an invoice for, the Lafayette Share, including copies of invoices and pay applications received from the contractor, and an accounting of how the Lafayette share was calculated. Lafayette agrees to pay such invoice within 30 days of receipt. 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 Project, including but not limited to cooperating to obtain all required PUC and BNSF approvals, permits and agreements required for the Project. Each Party shall issue those street cut permits, access permits and other procedural or Substantive permits and approvals that are necessary for the Project, which permits and approval are not to be conditioned on payment of any fees or costs other than administrative costs for processing. Louisville shall provide periodic progress reports to Page 2 of 5