Interlocal Cooperative Agreement - Replacement Agreement Pavement Improvements & Water Main Cleveland US31

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Page 4 of 20 3.1.3. The final cost for the Associated Work shall be based on the final amount paid for the Associated Work, including any amounts paid for approved change orders relating to the Associated Work; to the extent the actual cost of the Associated Work exceeds the amount paid by the CITY to INDOT, the CITY shall pay the remaining balance within thirty (30) days of the CITY receiving notice of the additional amount owed. 3.1.4. INDOT shall provide the City a request for a change order before a change order related to the Associated Work is approved. The City shall provide INDOT a response to a request for a change order related to the Associated Work within three (3) business days. 3.2. Project Responsibilities. 3.2.1. The CITY shall cooperate with INDOT as needed to ensure successful completion of the project. 3.2.2. The CITY shall be responsible for preparing plans and specifications for the Associated Work in accordance with all applicable federal, state, and local standards, requirements and best practices. 3.2.3. INDOT and the CITY shall conduct a final walk through of the Associated Work at the end of construction prior to the City accepting the Associated Work. 3.2.4. The CITY agrees to accept the Associated Work as full, complete and adequate satisfaction for any and all claims and damages due the City, and its assigns, caused by or arising out of the design or construction of the Associated Work. The CITY and its assigns covenant that in accepting the Associated Work and conditions, it forever relinquishes all future claims and legal rights they may have in regard to and arising out of the Associated Work and agrees to save and hold harmless the State of Indiana from same. 3.3. Future Maintenance. The CITY shall be solely responsible for future maintenance and maintenance costs of the Associated Work, its infrastructures, and improvements, as well as any utility costs related to the maintenance including but not limited to water and electricity. If the CITY fails to maintain the Associated Work, the CITY shall be solely responsible for future maintenance and maintenance costs of the Associated Work, its infrastructures, and improvements, as well as any utility costs related to the maintenance including but not limited to water and electricity. If the CITY fails to maintain the Associated Work and INDOT must perform maintenance on the Associated Work, any work completed will be done to INDOT' s specifications and all costs will be the responsibility of the CITY. For any future INDOT projects at this location, where construction will impact the Associated Work, if the CITY seeks for the Associated Work to be maintained, the CITY shall be responsible for the costs related specifically to the Associated Work pursuant to the same terms and conditions of this Agreement.