Resolution 2020-74 - Laserfiche WebLink

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b. While Louisville will be the lead agency, both Parties will mutually participate with the consultant in the performance of the development of the Plan. Louisville shall provide to Lafayette copies of the proposed design plans for the Plan, and the conceptual plans for the Baseline Road and Arapahoe/SH 7 intersections shall be approved in writing by Lafayette. Both Parties will be present during all meetings and negotiations with the design consultant to provide input as to the scope of the Plan and the consultant's course of the work thereon 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. Construction. Prior to the award of any construction contract in connection with the Plan, the Parties agree that they shall enter into good faith negotiations regarding an agreement or an amendment to this Agreement to address allocation of the cost of a Construction Phase, the roles and responsibilities of each Party in connection with the Construction Phase, and responsibilities of the Parties for ownership and maintenance of the improvements after completion. No contract(s) for construction of the planned improvements shall be awarded until the estimated costs of construction under the contract(s) are fully funded. S. 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 Plan from developments within their respective jurisdictions. 9. 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. 10. Assiartment. This Agreement shall not be assigned by either Party without the prior written consent of the other Party. 11. 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 sect. 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. 12. 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. 3 DocuSign Envelope ID: DA14F4ED-5E3A-4A77-A31E-26661.51FFEDE