8880-16 Appropriate funds to resurface Lakewood Heights Blvd.

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13. THIRD PARTIES AND RESPONSIBILITIES FOR CLAIMS 13.1 Nothing in this Agreement shall be construed as conferring any legal rights, privileges, or immunities, or imposing any legal duties or obligations, on any person or persons other than the parties named in this Agreement, whether such rights, privileges, immunities, duties, or obligations be regarded as contractual, equitable, or beneficial in nature as to such other person or persons. Nothing in this Agreement shall be construed as creating any legal relations between the Director and any person performing services or supplying any equipment, materials, goods, or supplies for the PROJECT sufficient to impose upon the Director any of the obligations specified in section 126.30 of the ORC. 13.2 The LPA hereby agrees to accept responsibility for any and all damages or claims for which it is legally liable arising from the actionable negligence of its officers, employees or agents in the performance of the LPA's obligations made or agreed to herein. 14. NOTICE 14.1 Notice under this Agreement shall be directed as follows: If to the LPA: If to ODOT: Mayor Mike Summers Myron S. Pakush City of Lakewood Deputy Director, District 12 12560 Detroit Ave. 5500 Transportation Boulevard Lakewood, Ohio 44107 Garfield Heights, OH 44125 15. GENERAL PROVISIONS 15.1 Recovery of Direct Labor, Overhead, and/or Fringe Costs: To be eligible to recover any costs associated with the LPA's internal labor forces used on this project, the LPA shall make an appropriate selection below:' I. Direct Labor only (no indirect cost recovery for fringe benefit or overhead costs) ❑ 2. Direct Labor plus indirect costs determined using the Federal De Minimis Indirect Cost Ratez ❑ 3. Direct Labor plus Approved Fringe Benefit Costs (fringe benefits only)3 ❑ 4. Direct Labor plus indirect costs determined using the approved applicable Cost Allocation Plan rate4 ❑ 5. No cost recovery of any LPA direct labor, fringe benefits, or overhead costs. ' Note: If a timely election is not made at the time of contract execution, the cost recovery method will default to Option 5: No cost recovery of any LPA direct labor, fringe benefits, or overhead costs. s The De Miniunis Indirect Cost Rate is 10 percent of modified total direct costs (IvITDC) per 2 CFR §200.414. Regardless of whether the LPA prepares a CAP or uses the 10- percent de minimis rate, LPAs are required to maintain Federally - compliant time - tracking systems. Accordingly, LPAs are permitted to bill for labor costs and associated indirect costs only if such costs are accumulated, tracked, and allocated in accordance with such systems. Before an LPA is eligible to elect the de minimis rate on any project, the LPA's lime - tracking system and methods for tracking other project costs must be reviewed and approved by the ODOT Office of External Audits. To obtain this approval, LPAs will be required to complete an Internal Control Questionnaire (ICQ), and LPAs with compliant tire- tracking systems will be granted approval (be prequalified) to apply the de minimis rate. s Annually, the LPA shall submit an updated rate for review and approval by the ODOT Office of External Audits. 4 Annually, the LPA shall submit an updated rate for review and approval by the ODOT Office of fixtemal Audits. 13