2023-41 - Authorize agreement with Cleveland for Lakewood Heights Blvd

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DocuSign Envelope ID: BDCB8AEC-F51 F-457F-AEB4-5612600EA2B0 Program undertaken pursuant to this Agreement, including the construction contract or contracts and any contracts for the planning, design and construction administration/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 2024 Lakewood CDBG Streets Improvement Program of the kinds enumerated in Section 727.08 of the Revised Code. Both parties agree to attend planning and construction meetings throughout the project. Time is of the essence, plan review, comments and approvals shall 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. Section 2. Allocation of Costs. All contracts for the construction of the 2024 Lakewood CDBG Streets Improvement Program undertaken pursuant to this Agreement, including the construction contract or contracts and any contracts for the surveying, engineering, planning, design and construction administration/inspection, shall contain provisions (i) requiring the 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 municipality, and (11) permitting Cleveland, at its option, to inspect the contractor's performance and actual costs of construction from time to time during the construction period and for up to six months 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. All construction costs of the 2024 Lakewood CDBG Streets Improvement Program allocated to the parties hereto shall be determined based on the actual improvements in each municipality. Plans, specifications, and bidding costs will be borne by the City of Lakewood. Construction administration/inspection costs shall be determined by taking the construction costs of the improvements within the municipality and dividing that amount by the final construction contract award amount and multiplying the percentage by construction administration contract amount. No additional costs and/or change orders shall be incurred and/or approved by Lakewood without the prior written approval of Cleveland. Section 3. Deposit of Funds; Allocation of Investment Earnings; Final Allocation. By March 1, 2024, Cleveland shall pay to the Director of Finance of Lakewood an initial deposit into the appropriate construction fund or funds created or to be created by Lakewood for the payment of costs of the Improvements, and for no other purpose whatsoever an amount of $5005000 , for the construction, construction contingency and construction administration/inspection. Invoices to be sent to Rick Switalski, PE - Manager Division of Engineering and Construction, 601 Lakeside, Room 518, Cleveland, Ohio 44114. Within 14 days after the construction bid opening, Lakewood shall have provided to Cleveland a copy of the revised estimated costs of the 2024 Lakewood CDBG Streets Improvement Program to be undertaken pursuant to this Agreement based on the lowest and best bid for labor and materials plus a ten percent contingency for construction items and construction administration/inspection proportioned costs. Cleveland shall pay to the Director of Finance of 2 of 5