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MOU - Additional Paving of US31 Proj No. 123-066 – INDOT
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MOU - Additional Paving of US31 Proj No. 123-066 – INDOT
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9/13/2023 9:26:19 AM
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Board of Public Works
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Contracts
Document Date
9/12/2023
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3 <br /> <br />The CITY shall also be responsible for the cost of any approved change orders related specifically <br />to the Improvements and shall pay to INDOT within forty-five (45) days a sum equal to one <br />hundred percent (100%) of any such increased costs. <br />3.2. Project Responsibilities. The Parties shall mutually cooperate as needed to ensure <br />successful completion of the Project and Improvements. <br />3.3. Future Maintenance. The CITY shall be solely responsible for future maintenance of the <br />Improvements. <br />IV. GENERAL PROVISIONS <br />4.1. Access to Records. The CITY shall maintain all books, documents, papers, <br />correspondence, accounting records and other evidence pertaining to the cost incurred under this <br />Agreement, and shall make such materials available at their respective offices at all reasonable <br />times during the period of this Agreement and for ten (10) years from the date of final payment <br />under the terms of this Agreement, for inspection or audit by INDOT, or its authorized <br />representative, and copies thereof shall be furnished free of charge, if requested by INDOT. The <br />CITY agrees that, upon request by any party or state or federal agency, INDOT may release or <br />make available to the agency any working papers from an audit performed by INDOT of the CITY <br />in connection with this Agreement, including any books, documents, papers, accounting records <br />and other documentation which support or form the basis for the audit conclusions and judgments. <br /> <br />4.2. Assignment; Successors. [OMITTED – NOT APPLICABLE.] <br /> <br />4.3. Assignment of Antitrust Claims. As part of the consideration for this Agreement, the <br />CITY assigns to the State all right, title and interest in and to any claims the CITY now has, or <br />may acquire, under state or federal antitrust laws relating to the products or services which are the <br />subject of this Agreement. <br /> <br />4.4. Audits. The signatories for the CITY represent that they have been duly authorized to <br />execute this Agreement on behalf of the CITY and have obtained all necessary or applicable <br />approvals to make this Agreement fully binding upon the CITY when their signatures are affixed <br />and accepted by the State. <br /> <br />4.5. Authority to Bind CITY. The signatory for the CITY represents that he/she has been <br />duly authorized to execute this Agreement on behalf of the CITY and has obtained all necessary <br />or applicable approvals to make this Agreement fully binding upon the CITY when his/her <br />signature is affixed and accepted by the State. <br /> <br />4.6. Changes in Work. The CITY shall not commence any additional work or change the <br />scope of the work until authorized in writing by the State. This Agreement may only be amended, <br />supplemented, or modified by a written document executed in the same manner as this Agreement. <br />
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