Laserfiche WebLink
8.7 Payment or reimbursement to the LPA shall be submitted to: <br />- _-- - <br />�Michael W. Dever, Dire-c_tor____ _ <br />Cuyahoga County Department of Public Works <br />2079 E. Ninth St., 5r^ Floor <br />Cleveland, Ohio 44115 <br />8.8 If, for any reason, the LPA contemplates suspending or terminating the contract of the Contractor, <br />it shag first seek ODOT's written approval. Failure to timely notify ODOT of any contemplated <br />suspension or termination, or failure to obtain written approval from ODOT prior to suspension or <br />termination, may result in ODOT terminating this Agreement and ceasing all Federal funding <br />commitments. <br />8.9 If ODOT approves any suspension or termination of the contract, ODOT reserves the right to <br />amend its funding commitment in paragraph 3.1 and, if necessary, unilaterally modify any other <br />term of this Agreement In order to preserve its Federal mandate. Upon request, the LPA agrees to <br />assign all rights, title, and interests in Its contract with the Contractor to ODOT to allow ODOT to <br />direct additional or corrective work, recover damages due to errors or omissions, and to exercise <br />all other contractual rights and remedies afforded by law or equity. <br />8.10 Any LPA right, claim, interest, and/or right of action, whether contingent or vested, arising out of, <br />or related to any contract entered into by the LPA for the work to be performed by the Contractor <br />on this PROJECT (the Claim), may be subrogated to ODOT, and ODOT shall have all of the LPA's <br />rights in/to the Claim and against any other person(s) or entity(ies) against which such subrogation <br />rights may be enforced. The LPA shall Immediately notify ODOT in writing of any Claim. The LPA <br />further authorizes ODOT to sue, compromise, or settle any such Claim. It is the intent of the parties <br />that ODOT be fully substituted for the LPA and subrogated to all of the LPXs rights to recover <br />under such Claim(s). The LPA agrees to cooperate with reasonable requests from ODOT for <br />assistance in pursuing any action on the subrogated Claim including requests for information and/or <br />documents and/or to testify. <br />8.11 After completion of the PROJECT, and in accordance with Title 23 United States Code 116 and <br />applicable provisions of the ORC, the LPA shall maintain the PROJECT to design standards and <br />provide adequate maintenance activities for the PROJECT, unless otherwise agreed to by ODOT. <br />The PROJECT must remain under public ownership and authority for 20 years unless otherwise <br />agreed to by ODOT. If the PROJECT is not being adequately maintained, ODOT shall notify the <br />LPA of any deficiencies, and if the maintenance deficiencies are not corrected within a reasonable <br />amount of time, ODOT may determine that the LPA is no longer eligible for future participation in <br />any Federally -funded programs. <br />8.12 The LPA must provide the final invoices, and final report (Appendix P located in the Construction <br />Chapter of the LPA Manual) along with all necessary closeout documentation within 6 months of <br />the physical completion date of the PROJECT. All costs must be submitted within 6 months of the <br />established completion date. Failure to submit final Invoices along with the necessary closeout <br />documentation within the 6-month period may result in closeout of the PROJECT and loss of <br />eligibility of any remaining Federal and or State funds. <br />8.13 The LPA shall be responsible for verifying that a C92 GoFomrz has been completed by the prime <br />contractor for each subcontractor and material supplier working on the project, prior to starting <br />work. This requirement will be routinely monitored by the District Construction Monitor to ensure <br />compliance. <br />Page 7 of 19 <br />Revision Date 3/14/022 <br />