11-28-2016 Council Packet - Laserfiche WebLink

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Agreement No. PW 25-32-16 CSAR 112; C. P. 091101 and identified as S.P. 027-712-001 and approved by the Minnesota Department of Transportation (MnDOT). II The County will administer the contract and inspect the construction of all the contract work contemplated herewith. However, the Cities' Engineers or designated representatives shall have the right, as the work progresses, to enter upon the job site to make any inspections deemed necessary and shall cooperate with the County Highway Engineer and staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. The Cities agree that the County may make changes in the plans or in the character of said contract construction which is reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the Cities that the County may enter into any change orders or supplemental agreements with the County's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. Said changes may result in an increase or decrease to the Cities' cost participation estimated herein. The Cities shall have the right to review any proposed changes to the plans and specifications as they relate to the Cities' cost participation prior to the work being performed. The Cities' Engineer or designated representatives shall have the right to approve or reject any change orders or supplemental agreements prepared by the County that affect the Cities' share of the construction cost. 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 Highways Engineer designated representatives for contract pay items in which the Cities are participating shall be subject to the review and approval by the Cities' Engineer. -3