8881-16 Agreement w/Cleve to Resurface Lakewood Heights Blvd.

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NOW, THEREFORE, in consideration of the premises and of the covenants set forth in this Agreement, and of other good and valuable consideration, Lakewood and Cleveland agree, that: Section 1. Planning, Design Construction and Inspection. Lakewood shall enter into all contracts required for the construction of the Lakewood Heights Boulevard Improvements undertaken pursuant to this Agreement, including the construction contract or contracts and any contracts for the planning, design and inspection, and shall be responsible for the bidding (if required by law), award, supervision and enforcement of such contacts and, subject to the further provisions of this Agreement, for the payment of all costs of the Lakewood Heigirts Boulevard Improvements of the kinds enumerated in Section 727.08 of the Revised Code. Both parties agree to attend planning and construction nnectings throughout the project. Tinie is of the essence, plan review, comments and approvals sliall be performed within 30 calendar days of receipt. Inspections, punch list creation, and final walk through shall be performed in a timely manner generally within 48 hour notice excluding weekends and legal holidays. [Notwithstanding any provision in this Agreement to the contrary, the parties agree that Lakewood will not proceed with the planning, design or construction of the Lakewood Heights Boulevard Resurfacing Project prior to its receipt of filly executed copies of the ODOT LPA Agreement.] Section 2. Allocation of Costs. All contracts for the construction of the Lakewood Heights Boulevard Improvements undertaken pursuant to this Agreement, including the construction contract or contracts and any contracts for the surveying, engineering, planning, design and inspection, shall contain provisions (i) requiring ilie contractor or party performing the work to identify, in each request for payment under the contract, the portions of the costs for which payment is then sought that are allocable to each of the Lakewood Heights Boulevard Resurfacing Project, and (ii) permitting Cleveland, at its option, to inspect the contractor's performance and actual costs of coisccuction from time to tine during the construction period and for up to six nio the following the completion thereof. Cleveland shall have the right to communicate to Lakewood any dissatisfaction with contractor's performance. Lakewood shall not accept said contractor's performance unless and until Cleveland gives written notice of its approval. The costs of the Lakewood Heights Boulevard Resurfacing Project shall be allocated as follows: (i) all costs eligible to be paid from moneys provided by ODOT under the ODOT LPA Agreement shall be allocated between ODOT (thc State share) and parties hereto (the local share) as set forth in the ODOT LPA Agreement and (ii) any costs ineligible to be paid from moneys provided by ODOT under the ODOT LPA Agreement shall be allocated to the parties hereto and become a part of the local share. Lakewood shall submit invoices to ODOT for the State share of the eligible costs. All local share costs of the Lakewood Heights Boulevard Resurfacing Project allocated to the parties hereto shall be divided based on the square footage of improvements in each municipality that being as follows: Lakewood is 43% and Cleveland is 57 %. No additional 2of5