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April 9, 2024 3 <br />the Regional Trail, and (3) project funding approval by Park District Board of <br />Commissioners. <br /> <br />ii. Design and Construction by City. In the alternative, City may design and <br />construct the Regional Trail and related structures at Park District expense if <br />first approved by Park District. If such a request is approved by the Park <br />District, in its sole discretion, City shall assume all responsibilities associated <br />with design and construction of Regional Trail and related structures, including, <br />but not limited to design development, bidding documents, construction plans <br />and specifications, contract document preparation, construction administration, <br />and project closeout. City may do no work on the Regional Trail or related <br />structures until it has submitted all Regional Trail plans, including substantial <br />changes, to Park District for review and has received approval from Park <br />District. Park District will delegate authority to approve substantial changes to <br />appropriate staff. Approvals shall not be unreasonably withheld. <br /> <br />If the City’s request to design and construct the Regional Trail and related <br />structures is approved by the Park District, City shall be responsible for bidding <br />and construction of the Regional Trail and related structures in accordance with <br />the Park District approved construction plans and specifications. Bids shall <br />utilize unit costs where possible unless otherwise agreed to. City shall be <br />responsible for construction administration including but not limited to <br />construction supervision. City shall provide notice to Park District of the <br />commencement of Regional Trail construction. Park District may observe <br />construction and may consult with City regarding construction issues. City shall <br />inform the Park District of final construction and shall schedule inspection by <br />all parties and other appropriate agencies prior to closing the construction <br />contract. Upon correction of any concerns identified in the inspections, City <br />shall notify Park District in writing indicating completion of the project. Upon <br />completion and once determined to be regionally significant as defined in <br />Paragraph H, Park District shall assume Park District operations and <br />maintenance responsibilities under this Agreement. <br /> <br />Park District may, at its reasonable discretion, withhold reimbursement for <br />construction costs as provided by this Agreement for construction of the <br />Regional Trail and related structures completed prior to Park District issuance <br />of Notice to Proceed to City. Park District will issue a Notice to Proceed following <br />(1) conveyance to Park District of Easements in accordance with Paragraph B <br />– Property Rights of this Agreement, (2) Park District approval of construction <br />plans, specifications, and costs for Regional Trail and related structures, and <br />(3) project funding approval by the Park District’s Board of Commissioners. <br /> <br />Park District shall reimburse City for direct costs of design services incurred by <br />the City to design the Regional Trail and related structures and construction <br />paid or owed to the contractor engaged by City to build the Regional Trail and <br />related structures if first approved by the Park District. The Park District and <br />City will establish maximum reimbursement for design and construction of the <br />Regional Trail and related structures upon City’s request to assume said <br />responsibilities. The balance of regional trail and related structures costs related <br />to design and construction shall be the responsibility of City. <br /> <br />Park District will not reimburse City for indirect City costs incurred by City <br />including, but not limited to, staff costs, costs of consultants and advisors, legal <br />134