2013-08-28 CC Packet - Laserfiche WebLink

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SECTION 2. DESIGN AND CONSTRUCTION. A. Lino Lakes is responsible for the design and construction of both the portion of the Project located within Centerville and the portion of the Project located within Lino Lakes. Therefore, the parties agree that: 1) Lino Lakes shall design the Project, administer the construction and conduct inspections of the construction process. Centerville shall have the right to inspect, review and comment upon construction of the Project. Centerville shall have the right to review and approve the final plans and specifications prior to advertisement for bids. 2) For purposes of performing its obligations under this Agreement, Centerville hereby grants to Lino Lakes the right to use the streets, public ways, and easements of Centerville for purposes of constructing the Project, including any excavations necessary to perform work incidental to the performance of this agreement. 3) Lino Lakes agrees to notify and coordinate with businesses in Centerville that are located along 21" Avenue as early as practical regarding the construction schedule for the Project. 4) Centerville and Lino Lakes will each acquire the necessary right -of -way to permit the construction of the street extension as well as water mains, sanitary sewer, storm sewer and storm water ponds. B. Centerville shall contribute its share of the project as estimated on the attached Exhibit _B, and may collect its share as a special assessment against benefited property owners of Centerville. The remaining portion of the project shall be paid by Lino Lakes who may specially assess all or a portion of its share from benefiting property owners of Lino Lakes. Each municipality shall be responsible for the sale of bonds, if any, and levy of special assessments against properties within their city's boundaries. C. Each city has the right to terminate this Agreement prior to award of a construction contract. The terminating party is responsible for all design costs incurred up to the date of termination. D. Lino Lakes shall receive from Centerville ninety percent (90 %) of its estimated share of the project cost within 60 days of award of a construction contract. Prior to billing this estimate will be updated by Lino Lakes to reflect actual bid prices as awarded. An updated cost estimate shall be provided to Centerville at the time of billing. 2 21