City Council Agenda and Packet 2019 01 08

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Lafayette on the Project and related matters. Each Party shall provide to the other at no additional costs copies of any contracts, drawings, applications for payments, invoices, billing records and other records related to the Project. b. While Louisville will be the lead agency, both Parties will mutually participate with the contractor in the performance of the Construction Phase of the Project. Louisville shall provide to Lafayette copies of the proposed construction plans for Project. Construction plans for the Baseline Road Crossing shall be approved in writing by Lafayette. Both Parties shall be present during all meetings with the construction contractor to provide input unless the Parties agree in writing that one of the Party's presence is not required. 6. Contact Persons. The contact persons for administering this Agreement shall be the Public Works Director of each Party. Any approval hereunder required of a Party of any drawings, designs or specifications may be granted or withheld by a writing issued by the Public Works Director of such Party. 7. Cost Recovery. This Agreement is not intended and shall not be construed to affect either Party's ability to obtain cost recovery payments for the Project from developments within their respective jurisdictions. 8. No Third Party Beneficiaries. This Agreement is intended to describe the rights and responsibilities only as to the Parties hereto. This Agreement is not intended and shall not be deemed to confer any rights on any person or entity not named as a Party hereto. 9. Assignment. This Agreement shall not be assigned by either Party without the prior written consent of the other Party. 10. Insurance. Each Party agrees, at all times during the term of this Agreement, to maintain such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, ("Act") C.R.S. § 24-10-101, et seq. as may be amended, and nothing herein shall be deemed a waiver of the protections, limitations and immunities afforded the Parties by the Act. Each Party agrees to show proof of such insurance upon request by the other Party. 11. Default and Right to Cure. In the event that either Party shall be in default of this Agreement, the other Party shall provide notice to the defaulting Party specifically describing the default. The Party allegedly in default shall have 30 days from the date of such notice to cure the default. If such default is not so cured then at the election of the non -defaulting Party, this Agreement may be terminated unilaterally by the non -defaulting Party or the non -defaulting Party may pursue an action for specific performance, damages, or both. 12. Integration and Amendment. This Agreement represents the entire agreement between the Parties as to the Construction Phase of the Project and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the Parties. If any provision of this Agreement is held invalid or unenforceable, no other Page 3 of 5 46