1a. Hwy Dept/Leonard Elevator - Laserfiche WebLink

Leonard Elevator Access Road Construction and Maintenance Agreement June 20, 2002 Draft This contract is between Cass County Government hereafter referred to as the County, Leonard Township hereafter referred to as the Township, and Dakota Vision Limited Liability Corporation hereafter referred to as Dakota Vision. A proposed 1.465 mile stretch of new access road between the Leonard Elevator and Highway 46 will be added to the Cass County Highway System. As owner of the Road, Cass County Government has final decision authority on all matters related to the road and will acquire the necessary right of way at the County's expense. Dakota Vision will fund and contract for the construction of the access road substantially in accordance with the Dakota Vision LLC Elevator Expansion Access Road Construction Plans prepared by Houston Engineering and dated 3/27/02 less the asphalt surfacing. Costs funded by Dakota Vision to include all construction, engineering, and other related costs. Dakota Vision is responsible for ensuring that all Federal, State, and local laws ordinances and rules applicable to Federal Aid construction projects are complied with. Dakota Vision is also responsible for compliance with the approved environmental documents, procedures outlined in the current edition of the NDDOT's Right of Way Acquisition Procedures for Local Public Agency Federal Aid Projects, and the NDDOT's Local Government Manual. Dakota Vision agrees to provide to the County as-built record drawings and an Engineer's certification that the work was completed substantially in accordance with the approved contract drawings. It is anticipated that special Federal or State Funding above and beyond Cass County's regular allotment will be received in the future to provide asphalt or concrete surfacing. The special funding is expected to cover 80% of the cost of conslxuction of the asphalt or concrete surfacing. Cass County agrees to fund the local 20% match. Cass County makes no commitment to use its annual Federal Aid allotment to fund the surfacing. In the event that special State or Federal Funding to surface the road is not received by December 31, 2005, the ownership and responsibility of the road will revert to Leonard Township. Leonard Township agrees to accept the ownership of the road at that time if Special State or Federal Funding has not been received. The Access Road will be used as a gravel road after initial construction until the time asphalt or concrete surfacing is placed. Leonard Township agrees to perform all maintenance of the gravel road at its sole expense until the time the road is surfaced with asphalt or concrete. This includes but is not limited to regular hiading and reshaping, annual addition of gravel, snow removal, and maintenance of all signing in accordance with the Manual on Uniform Traffic Control Devices.