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DocuSign Envelope ID: 686E8EAC-7AB1-4316-81 DB-13994BFA2216 <br />OLA #: 331002105 <br />Routing #: 20-HA4-XC-03033 <br />Projects". <br />b. Local Agency shall afford the State ample opportunity to review the Plans and shall make any <br />changes in the Plans that are directed by the State to comply with FHWA requirements. <br />c. Local Agency may enter into a contract with a Consultant to perform all or any portion of the <br />Plans and/or construction administration. Provided, however, if federal -aid funds are involved <br />in the cost of such Work to be done by such Consultant, such Consultant contract (and the <br />performance provision of the Plans under the contract) must comply with all applicable <br />requirements of 23 C.F.R. Part 172 and with any procedures implementing those requirements <br />as provided by the State, including those in Exhibit H. If Local Agency enters into a contract <br />with a Consultant for the Work: <br />1) Local Agency shall submit a certification that procurement of any Consultant contract <br />complies with the requirements of 23 C.F.R. 172.5(1) prior to entering into such Consultant <br />contract, subject to the State's approval. If not approved by the State, Local Agency shall <br />not enter into such Consultant contract. <br />2) Local Agency shall ensure that all changes in the Consultant contract have prior approval <br />by the State and FHWA and that they are in writing Immediately after the Consultant <br />contract has been awarded, one copy of the executed Consultant contract and any <br />amendments shall be submitted to the State. <br />3) Local Agency shall require that all billings under the Consultant contract comply with the <br />State's standardized billing format. Examples of the billing formats are available from the <br />CDOT Agreements Office. <br />4) Local Agency (and any Consultant) shall comply with 23 C.F.R. 172.5(b) and (d) and use <br />the CDOT procedures described in Exhibit H to administer the Consultant contract. <br />5) Local Agency may expedite any CDOT approval of its procurement process and/or <br />Consultant contract by submitting a letter to CDOT from Local Agency's <br />attorney/authorized representative certifying compliance with Exhibit H and 23 C.F.R. <br />172.5(b)and (d). <br />6) Local Agency shall ensure that the Consultant contract complies with the requirements of <br />49 CFR 18.36(i) and contains the following language verbatim: <br />(a) The design work under this Agreement shall be compatible with the requirements of <br />the contract between Local Agency and the State (which is incorporated herein by this <br />reference) for the design/construction of the project. The State is an intended third - <br />party beneficiary of this agreement for that purpose. <br />(b) Upon advertisement of the project work for construction, the consultant shall make <br />available services as requested by the State to assist the State in the evaluation of <br />construction and the resolution of construction problems that may arise during the <br />construction of the project. <br />(c) The consultant shall review the construction Contractor's shop drawings for <br />conformance with the contract documents and compliance with the provisions of the <br />State's publication, Standard Specifications for Road and Bridge Construction, in <br />connection with this work. <br />(d) The State, in its sole discretion, may review construction plans, special provisions and <br />estimates and may require Local Agency to make such changes therein as the State <br />determines necessary to comply with State and FHWA requirements. <br />iii. Construction <br />If the Work includes construction, Local Agency shall perform the construction in accordance with the <br />approved design plans and/or administer the construction in accordance with Exhibit E. Such <br />administration shall include Work inspection and testing; approving sources of materials; <br />performing required plant and shop inspections; documentation of contract payments, testing and <br />inspection activities; preparing and approving pay estimates; preparing, approving and securing the <br />funding for contract modification orders and minor contract revisions; processing construction <br />Contractor claims; construction supervision; and meeting the quality control requirements of the <br />FHWA/CDOT Stewardship Agreement, as described in Exhibit E. <br />Document Builder Generated Page 7 of 25 <br />Rev. 12/09/2016 <br />