Resolution 2020-74 - Laserfiche WebLink

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NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows: 1. Inco1poration 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 solely responsible for all contracting, supervisory and administrative matters related to execution of the Grant and completion of the Plan. 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 the 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. Plan Costs. The Parties have estimated the Plan to cost $437,500 and agree that $350,000 in Grant funds shall be applied toward the development of the Plan. For the remaining costs of the Plan, the Parties each agree to pay a 50/50 split of Local Matching Funds. 4. Reimbursement of Costs. As often as once per quarter commencing with the first quarter after the development of the Plan is commenced, Louisville shall send Lafayette an invoice for the Plan costs incurred by Louisville in the prior quarter, including copies of invoices and pay applications received from the consultant. Lafayette agrees to reimburse Louisville for Lafayette's portion of the Plan costs (one-half of the Plan costs less the Grant funds applied to that portion of the Plan) within 30 days of receipt of each invoice up to, but not exceeding the total set forth in Section 3. The Parties agree that no costs in excess of the amounts set forth in Section 3 shall be incurred for the Plan without prior written approval of both Parties and that excess costs shall be split on a 50/50 basis unless otherwise agreed to. 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 approvals 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 Lafayette on the Plan 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 Plan. FA DOCUSign Envelope ID: DA14F4ED-5E3A-4A77-A31E-2666151FFEDE