Res 2015-085/Interlocal Agreement with Texas State University for cost sharing in connection with the design and construction of street, sidewalk, bicycle and pedestrian improvements along Sessom Drive

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2.02. Improvements Specifications. Texas State and the City will coordinate to approve any surveys prepared by the engineers and final design specifications and cost estimates for the Texas State portion of the Improvements. Each party shall be entitled to keep copies of any surveys, together with the final plans and any as-built drawings prepared by the engineers. 2.03. Bids for Construction.Texas State will review the design specifications and cost estimates for its portion of the Improvements and the City will review the design specifications and cost estimates for its portion of the Improvements. Following each party's approval of the final design specifications and cost estimates for the Improvements, the authorized representatives of the parties will coordinate and designate a date no later than April 30, 2016 for the solicitation of bids for construction of the Improvements in accordance with such plans. The City will solicit bids for construction of the Improvements following applicable municipal bidding procedures. a. Cost Sharing. The Improvements include components for the Realignment and the Practice Field Sidewalk. Texas State agrees to pay one-half of the cost for the construction of the Realignment and all of the costs for the Practice Field Sidewalk. Before the City places an item on the City Council agenda for the award of a contract for the construction of the Improvements, Texas State shall deliver payment to the City in the amount of the costs allocated to Texas State under this section. i. Payments will be made to the contractor under the terms of the contract for construction. Subject to the requirements and deadlines for payment to the contractor under the terms of the contract for construction, the City will notify Texas State in advance of each proposed payment and provide to Texas State copies of all contractor invoices paid. In conjunction with final payment under the contract for construction, the parties will reconcile the allocation of funds contributed by each party toward construction. If the final costs attributable to Texas State are less than the funds paid in advance by Texas State, the City will refund the difference to Texas State upon final payment and closeout under the construction contract. b. Excessive Bid Price. If the lowest responsible bid price for construction of the Improvements exceeds the estimated costs agreed to by the parties under section 2.02 by more than 15 percent: i. the parties may approve new specifications and solicit new bids based on such specifications; ii. the City, with the agreement of Texas State to pay its share of any increased costs for the Realignment or the Practice Field Sidewalk, may award the contract at such higher bid price; or iii. either party may terminate this Agreement by providing written notice of termination to the other and the City will reject all bids. c. Change Orders. Pursuant to the contract for construction of the Improvements awarded by the City under this section, the City may approve change orders, subject to approval by Texas State of change orders associated with the Realignment, the Practice Field Sidewalk or other work where Texas State bears a direct cost under this Agreement. If a change order results in costs for the Realignment or the Practice Field Sidewalk greater than the initial contract amount, the City may submit an invoice to Texas State for its share of the increased costs under the change order. Texas