Resolutions-2008-07

Tiffin in its reasonable discretion, and (b) the completion of Ireland Avenue Project, as determined by Tiffin in its reasonable discretion. 3. Administration. No separate legal entity will be created by or under this Agreement. The parties agree that the Superintendent (or designee) of the School District and the City Council of the city of Tiffin will be the administrators for the purposes of this Agreement as provided in Section 28E.5 of the Code of Iowa (2007). 4. Development, Financing, and Construction of the Highway 6 Project. (a) Project Management. The Mayor, on behalf of Tiffin, will administer the contract for the design and construction of the Highway 6 Project. (b) Project Design. Tiffin will obtain all required approvals from the IDOT for the design of the Highway 6 Project. Tiffin will be responsible for overseeing contracts for the design and construction of the Highway 6 Project, incorporating the material aspects of the preliminary conceptual design set forth in Appendix A. Tiffin will select, in its sole discretion, an engineer to prepare final plans and specifications for the Highway 6 Project. The final design is subject to the approval of the School District and the IDOT. (c) Contractor. Tiffin will procure and award the contractor for the Highway 6 Project and will manage and administer the construction of the Highway 6 Project, subject to all applicable public bidding laws. (d) Probable Cost. The parties agree that the opinion of probable cost for the Highway 6 Project is $1,593,200, as shown on attached Appendix A. The School District’s share of the cost for the improvements will be a lump sum amount of $350,000. The remainder of the costs associated with the Highway 6 Project are the responsibility of Tiffin. (e) Overages. Any overage or underage of the current estimated probable cost for the Highway 6 Project, upon completion, will be the responsibility of Tiffin. (f) Payments. Tiffin will make all payments to the contractor for work completed and other associated costs. Tiffin will invoice the School District for partial payments in accordance with the percentage of completion of the Highway 6 Project. The School District will pay within four weeks of receipt of the invoice by the School District. (g) Insurance. The required insurance certificate provided by the contractor will name the School District as additional insured on the Project. (h) Other Terms. The School District will conform to the signed IDOT Permits currently issued to them. These are the “Special Access Connection (Iowa DOT Form 810124)”; “Agreement for Revision of Access (Iowa DOT Form 810123)”; and “Temporary Access Permit”. The School District acknowledges that the access on the west side at Highway Station 136+88 (E) will provide access to the property lying to the west of the campus. If a developer seeks access, the School district and the developer will be responsible for negotiating the terms of any access. (i) Other Parties. The Iowa Department of Transportation (IDOT) and the Deer View Estates subdivision development (owned by IPL Development, LLC and Alot For Alot, LLC) will pay an appropriate share of the total cost of the project. Tiffin will obtain written agreements from both