Memorandum of Understanding - 2021 Contractor Paving, Round III Proj No. 121-049

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1 MEMORANDUM OF UNDERSTANDING FOR THE 2021 CONTRACTOR PAVING ROUND 3 PROJECT This Memorandum of Understanding, is made and entered into this _________day of _______, 202_ (“Effective Date”), by and between the City of South Bend, Indiana , by and through its Board of Public Works ( the “City”), and St. Joseph County, Indiana Department of Public Works, by and through its Board of Commissioners (hereinafter collectively referred to as the “County”) (each a “Party” and collectively the “Parties”). RECITALS WHEREAS, the City and County mutually agree to accommodate the 2021 Contractor Paving Round 3 Project to repave Fellows Street from Jackson Road to Johnson Road and Rose Street from Maple Lane to Crestwood Boulevard (the “Project”), and WHEREAS, the City and the County mutually agree that the existing roads are severely deteriorated and requires repaving, and WHEREAS, the City and the County have individually identified local funding sources for the pavement replacement and related appurtenances and improvements on the Project, and WHEREAS, the City and the County acknowledge such an improvement is mutually beneficial to each Parties’ roadway transportation needs. NOW, THEREFORE, in consideration of the foregoing and of the promises and commitments, herein contained, the Parties hereby agree as follows: 1.Contract Administration. City shall bid and administer the Project and shall coordinate as necessary with the County. The County reserves the right to inspect the work performed by the City’s contractor to ensure that such work has been completed in a standard acceptable to the County. 2.Consideration. The County shall pay the City for the items outlined in Exhibit A, attached and incorporated herein by reference. The amount paid by the County shall not to exceed Sixty- Eight Thousand Seven Hundred Eighty-Six Dollars and Forty-Eight Cents ($68,786.48). The final amount paid to the City will be based on the actual quantities placed in the field per the contract unit prices from the awarded bid. The County shall pay the City effective immediately upon project closeout. 3. Additional Project Responsibilities. The City understands and agrees that it shall have the sole responsibility to rework the shoulder area, and trim trees as necessary for areas throughout the Project. 8th. March 2