01-08-2018 Council Packet - Laserfiche WebLink

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Agreement No. PW 56-32-17 CSAH 112; C. P. 091102 The Cities further agree that it will participate in the settlement of any claims from the County's contractor that involve delays attributable to unreasonable delays in approval by the Cities for plan or specification changes deemed necessary by the County Highway Engineer or staff. The amount of Cities participation in any such claims shall be commensurate with the percentage of delay directly attributable to the Cities' actions. III The Cities shall participate in the costs of the contracted construction work for the Project as set forth in said Exhibit "A". The respective proportionate shares of the pro -rata pay items included in Exhibit "A" shall remain unchanged throughout the life of this Agreement. It is understood that the estimated amount on Page 1 of this Agreement and as shown in Exhibit "A" is an estimate of the costs for the contracted construction work on said Project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the County Highway Engineer's designated representatives shall govern in computing the total final contract construction cost for apportioning the cost of said Project according to the provisions herein. It is further understood and agreed that the final quantities as measured by the County Highway Engineer's designated representatives for contract pay items in which the Cities are participating shall be subject to the review and approval by the Cities' Engineer. lv The County or its agents shall acquire all additional right of way, permits and/or easements required for the construction of the Project. It is understood by the parties that state turnback funds are available to finance acquisition right of way for the Project with the following exception. The City of Orono shall reimburse the County for fifty (50) percent of the final cost of the permanent right of way required to construct the multi -use trail on the north side of CSAH 112 west of the Luce Line Trail. The amount of the City of Orono's share in said right of way acquisition costs is estimated to be $20,000.00. It is understood and agreed that the Cities shall convey property rights to the County over those lands owned by the Cities that are required for the Project. Said property rights shall be granted at no cost to the County. It is further understood and agreed that any and all city permits required by the Project shall be granted at no cost or expense to the County or its contractors. Included in the Project is the construction of city utilities. It is understood and agreed by the parties that in the event additional right of way is needed to construct said city utilities, the County will acquire the additional right of way and/or easements and the Cities shall reimburse the County for one hundred (100) percent of the final cost of the additional right of way and/or easements. V The County, at its sole cost and expense, has conducted a Phase I Environmental Assessment (ESA) on the Project. In the event a future Phase II ESA is required on any parcel due to the City of -3-