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PW 2014-21 Page 2 of 6 WHEREAS, the grading and widening provisions require acquisition of certain right-of-way and temporary construction and slope easements prior to construction and as designed in the approved right-of-way plan for the Project; and WHEREAS, the County is utilizing the consultant staff of Ulteig Engineering, Surveying, and Consulting Services in acquiring necessary easements and right-of-way, and McKinzie Metro Appraisal is performing property appraisals, as determined by the construction project grading limits, under a separate right-of-way project, S.A.P. 062-651-047, and S.P. 062-612-023. All right-of-way costs are County State Aid Highway and Municipal State Aid reimbursable costs; and WHEREAS, a preliminary estimate of Project costs has been prepared. The City Cost Estimate is Exhibit A and the Cost Participation Policy is Exhibit B; and WHEREAS, the County will take bids for the Project, prepare an abstract of bids and cost participation summary, request the City's concurrence to award a contract, award a contract and pay the contractor from State Funds, County State Aid Highway, Municipal State Aid Highway, and local funds identified for the Project. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: 1. The recitals set forth in this Agreement are hereby made a part of this Agreement as set out in full. 2. The County will prepare all plans, specifications, estimates, and proposals for the Project, will include, among other things, the proposed reconstruction, alignment, profiles, grades, cross sections, impacts, and costs for the improvements including paving, concrete curb and gutter, storm sewer, concrete sidewalk, bituminous path, boulevard, utility replacement and adjustments. Any costs associated with Project revisions after the completion of plans and specifications will be paid for by the party requesting the revisions. Revisions must be consistent with State Aid requirements and are subject to approval by the County. 3. Prior to County award of a contract, the County shall first receive concurrence from the City for award of the contract to the lowest responsible bidder. 4. The County and City shall participate in the costs of construction in accordance with the Cost Participation Policy, attached as Exhibit B. If there is a conflict between Exhibit B and this Agreement, this Agreement shall prevail. 5. Upon award of a construction contract the County shall perform or contract the performance of the construction administration for all elements of the Project. 6. The County will be the lead agency for the acquisition of the Permanent Highway Easements and Temporary Construction Easements (hereinafter “Easement(s)”) required