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<br />AGREEMENT <br /> <br />1. This agreement becomes effective when signed by the last party whose signing <br />makes the agreement fully executed, and both Parties will consider it to be in full <br />force and effect until the Project described herein has been completed and <br />accepted by all parties or unless terminated, as hereinafter provided. <br /> <br />2. The County and the City agree to include the utility adjustment work in the highway <br />plans, specifications, and estimates (PS&E), and handle the actual construction <br />under the general highway contract. The City will provide plans, specifications and <br />cost estimates for the relocation of its facilities to be included within the PS&E Bid <br />Package. <br /> <br />3. The County has utilized consulting engineers to prepare the plans, specifications <br />and cost estimates, and the fees for such work are not based upon a percentage <br />of construction costs. Further, the fees for such work encompass only the work <br />necessary to prepare the plans, specifications and cost estimates for relocation of <br />the City Utilities on the Project and do not include fees for work done on any other <br />project. <br /> <br />4. All work to be performed pursuant to this Agreement, with the exception of <br />betterment set forth below, shall be at the sole cost and expense of the County, <br />including, but not limited to all engineering, construction and inspection costs of the <br />City. <br /> <br />5. The upgrade of the City's existing 6" water line to a 12" water line that must be <br />relocated due to locational conflicts is not attributable to the Project construction <br />and is made solely for the benefit of and at the election of the City. The increased <br />capacity of this water line shall be deemed a "betterment" and shall be done at City <br />expense. The City shall provide such additional funding attributable to this <br />betterment. <br /> <br />6. In order to account for this betterment, the City has provided a breakdown of the <br />construction cost of the water line, showing the relative cost sharing between the <br />County and the City due to this betterment as shown and attached hereto as <br />Exhibit B. <br /> <br />7. The City shall provide the County payment of the estimated amount to cover the <br />betterment. Payment shall be made within one week of advertisement for bids. <br />Should the actual amount be less than the estimated amount, the County will <br />reimburse the City the difference within 30 days of the completion of construction. <br />Should the actual amount be greater than the estimated amount, the City shall <br />make an additional payment to the County for the difference within 30 days of the <br />completion of construction. The County will not pay interest on funds provided by <br /> <br />Interlocal Agreement <br />8/30/2005 <br /> <br />Page 2 of 5 <br />