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PI D No. 89276 <br />The LPA further agrees that change orders and extra work contracts <br />required to fulfill the construction contracts shall be processed as needed. The <br />State shall not approve a change order or extra work contract until it first <br />gives notice, in writing, to the LPA. The LPA shall contribute its share of the <br />cost of these items in accordance with other sections herein. <br />The LPA agrees that if Federal Funds are used to pay the cost of any consultant contract, the LPA shall <br />comply with 23 CFR 172 in the selection of its consultant and administration of the consultant contract. <br />Further the LPA agrees to incorporate ODOT's "Specifications for Consulting Services" as a contract <br />document in all of its consultant contracts. The LPA agrees to require, as a scope of services clause, that <br />all plans prepared by the consultant must conform to ODOT's current design standards and that the <br />consultant shall be responsible for ongoing consultant involvement during the construction phase of the <br />Project. The LPA agrees to include a completion schedule acceptable to ODOT and to assist ODOT in <br />rating the consultant's performance through ODOT's Consultant Evaluation System. <br />SECTION IV — Authority to Sign <br />The LPA hereby authorizes the Mayor of said City to enter into and execute contracts with the Director of <br />Transportation which are necessary to develop plans for and to complete the above-described project; and to <br />execute contracts with ODOT pre -qualified consultants for the preliminary engineering phase of the Project. <br />Upon request of ODOT, the Mayor is also empowered to execute any appropriate documents to affect the <br />assignment of all rights, title, and interests of the City to ODOT arising from any agreement with its consultant <br />in order to allow ODOT to direct additional or corrective work, recover damages due to errors or omissions, <br />and to exercise all other contractual rights and remedies afforded by law or equity. <br />SECTION V — Utilities and Right -of -Way Statement <br />The LPA agrees that all right-of-way required for the described project will be acquired and/or made <br />available in accordance with current State and Federal regulations. The LPA also understands that right- <br />of-way costs include eligible utility costs. <br />The LPA agrees that all utility accommodation, relocation and reimbursement will comply with the current <br />provisions of 23 CFR 645 and the ODOT Utilities Manual. <br />SECTION VI — Maintenance <br />Upon completion of the Project, and unless otherwise agreed, the LPA shall: (1) provide adequate <br />maintenance for the Project in accordance with all applicable State and Federal law, including, but not <br />limited to, Title 23, U.S.C., Section 116; (2) provide ample financial provisions, as necessary, for the <br />maintenance of the Project; (3) maintain the right-of-way, keeping it free of obstructions; and (4) hold said <br />right-of-way inviolate for public highway purposes. <br />