05-17-17 JDA Agenda Packet - Laserfiche WebLink

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2 (c) A new Section 8 to the Agreement is agreed to as follows: 8. Certain Design and Engineering. (a) As set forth below, certain of the obligations of the Parties to perform under this Section 8 are conditioned upon the execution by the Governor of Minnesota of the Governor’s concurrence with the FOSET (“Governor’s Concurrence”). (b) This Section 8 is agreed to by the Parties (and acknowledged and agreed to by the County) for the purposes of undertaking certain design and civil engineering activities related to the Project on portions of the TCAAP Site as depicted on Exhibit A. The terms “East” and “West” means the areas so described and identified on Exhibit A. (c) Upon execution of Amendment No. 2, the County (as a member of the JDA and as a party acknowledging this Agreement), will direct the County’s consulting engineer, Kimley-Horn and Associates, Inc., (“KH”) to share information consistent with the County’s rights and obligations under this Agreement and coordinate with the Developer’s consulting engineer, Alliant Engineering Incorporated, (“Alliant”) to ensure that Alliant’s efforts within the East are coordinated with KH’s design on the West. (d) Upon execution of Amendment No. 2, the Developer will direct Alliant to share information consistent with the Developer’s rights and obligations under this Agreement and coordinate with KH to ensure that Alliant’s efforts within the East are coordinated with KH’s design on the West. (e) Within two (2) business days after the Governor’s Concurrence, the County will engage KH to complete the civil engineering design and prepare construction plans and specifications necessary for the County to issue a public bid package by the later of January 31, 2018 or 255 days after the Governor’s Concurrence (with planned bid opening in March, 2018 or 315 days after the Governor’s Concurrence, whichever is later) related to grading within the West. (f) Within two (2) business days after the Governor’s Concurrence, the Developer will: i. enter into a contract with Alliant (or another consulting engineer (“Developer’s Engineer”) selected by Developer if Developer agrees to reimburse the County for the County’s reasonable costs necessary to have KH share information and coordinate with Developer’s Engineer) to complete by January 31, 2018 or 255 days after the Governor’s Concurrence (whichever is later) the engineering design and prepare construction plans and specifications related to the grading within the East based on the Developer’s required schedule for development within the East; provided that the Developer will be responsible for only rough grading design, plans and specifications of the natural resource corridor in the East (i.e. the areas labeled as #35 and #36 in Exhibit A); and ii. authorize Alliant or Developer’s Engineer to participate in and review the civil engineering work being done by KH within the West.