Common use of Project Development Clause in Contracts

Project Development. 4.1 The LPA and ODOT agree that the LPA has received funding approval for the PROJECT from the applicable ODOT Program Manager having responsibility for monitoring such projects using the Federal funds involved. 4.2 Project Development shall follow ODOT’s Project Development Process and all ODOT standards for environmental evaluations, design, plan preparation, right of way acquisition, utility relocation and other processes as set out in the Department’s Design Reference Resource Center, available on ODOT’s website (▇▇▇.▇▇▇.▇▇▇▇▇.▇▇.▇▇/▇▇▇▇/▇▇▇▇▇/▇▇▇▇▇▇▇.▇▇▇▇). Responsibilities for development of the PROJECT shall be as follows and further described herein: LPA ODOT Let Project Responsibility Assignments Responsibility PDP Phase Activity LPA ODOT Commentary Planning All X ODOT to provide coordination as needed Preliminary Engineering All X ODOT to: 1) Provide coordination as needed 2) Review all plans and documents and provide comments Environmental Engineering Stage 1 Plans X ODOT to review all plans and documents and provide comments. Stage 2 Plans X ODOT to review all plans and documents and provide comments. Value Engineering X ODOT will coordinate Value Engineering if required. Refer to Section 4.7. Cost Estimates X LPA/Consultant shall prepare in Estimator format. NEPA X ODOT will coordinate NEPA approval. Refer to Section 4.7 for Environmental Responsibilities. Permits X ODOT will obtain permits needed to construct the PROJECT. R/W Plans X ODOT to review all plans and documents and provide comments. Public/Stakehol der Involvement X ODOT to review all PI plans and materials and provide comments. Final Engineering & R/W R/W Acquisition & Relocation X Refer to Section 6 for detailed requirements. Utility Relocation X Refer to Section 6.6 for additional details. Railroad Coordination and Agreements X Refer to Section 6.8 for additional details. Stage 3 Plans X ODOT to review all plans and documents and provide comments. Cost Estimates X LPA shall prepare in Estimator format. Final Plan Package X ODOT to review all plans and documents and provide comments. Mitigation X ODOT will coordinate any required mitigation efforts. Public/Stakehol der Involvement X ODOT to review all PI plans and materials and provide comments. Construction Advertise X LPA and consultants to assist in responding to bidder questions and preparation of any addenda. Award X ODOT Awards Committee Administer Construction Contract X ODOT will administer the construction contract. The LPA and LPA’s consultants shall respond promptly to requests for information or other construction issues. Public/Stakehol der Involvement X X ODOT to coordinate in cooperation with the LPA. All Phases Federal Authorizations X ODOT will coordinate and obtain all needed FHWA Authorizations and notify the LPA upon approval. All Phases Encumbrance of Funds X ODOT will encumber funds in accordance with this Agreement. 4.3 The LPA shall designate an LPA employee to act as the LPA Project Manager and act as the point of contact for all communications with ODOT. 4.4 If Federal funds are used for a phase of project development and the LPA executes an agreement with a consultant prior to the receipt of the “Authorization” notification from ODOT, ODOT may terminate this Agreement and cease all Federal funding commitments. 4.5 ODOT reserves the right to move this PROJECT into a future sale year if the LPA does not adhere to the established PROJECT schedule, regardless of any funding commitments.

Project Development. 4.1 The LPA and ODOT agree that the LPA has received funding approval for the PROJECT from the applicable ODOT Program Manager having responsibility for monitoring such projects using the Federal funds involved. 4.2 Project Development shall follow ODOT’s Project Development Process and all ODOT standards for environmental evaluations, design, plan preparation, right of way R/W acquisition, utility relocation and other processes as set out in the DepartmentODOT’s Design Reference Resource Center, available on ODOT’s website (▇▇▇.▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/▇▇▇▇/▇▇▇▇▇/▇▇▇▇▇▇▇.▇▇▇▇).▇▇▇/working/publications. Responsibilities for development of the PROJECT shall be as follows and further described herein: LPA ODOT Let Project Responsibility Assignments Responsibility PDP Phase Activity LPA ODOT Commentary Planning All X ODOT to provide coordination as needed needed. ODOT will program the project in Ellis and get the project added to the STIP. Preliminary Engineering All X ODOT to: 1) Provide coordination as needed 2) Review all plans and documents and provide comments Environmental Engineering Stage 1 Plans X ODOT to review all plans and documents and provide comments. Stage 2 Plans X ODOT to review all plans and documents and provide comments. Value Engineering X ODOT will coordinate Value Engineering if required. Refer to Section 4.75.2. Cost Estimates X LPA/Consultant shall prepare in Estimator format. a project estimate NEPA X ODOT will coordinate NEPA approval. Refer to Section 4.7 5 for Environmental Responsibilities. Permits X ODOT LPA will obtain permits needed to construct the PROJECT. R/W Plans X ODOT to review all plans and documents and provide comments. Public/Stakehol der Involvement (PI) X ODOT to review all PI plans and materials and provide comments. Final Engineering & R/W R/W Acquisition & Relocation X Refer to Section 6 for detailed requirements. Utility Relocation X X Refer to Section 6.6 7.6 for additional details. Railroad Coordination and Agreements X Refer to Section 6.8 7.8 for additional details. Stage 3 Plans X ODOT to review all plans and documents and provide comments. Cost Estimates X LPA shall prepare in Estimator format. Final Plan Package X ODOT to review all plans and documents and provide comments. Endangered Species Mitigation X ODOT will coordinate any required is responsible for Endangered Species Act mitigation effortsrequirements (bat mitigation) and the needed mitigation for ESA impacts. Public/Stakehol der Involvement Stream and Wetland Mitigation X The LPA is responsible for obtaining the necessary stream and wetland mitigation. This is typically acquired through mitigation bank or in-lieu fee credit purchases PI X ODOT to review all PI plans and materials and provide comments. Construction Advertise X LPA and consultants to assist in responding to bidder questions and preparation of any addenda. Award X ODOT Awards Committee Administer Construction Contract X ODOT will administer the construction contract. The LPA and LPA’s consultants shall respond promptly to requests for information or other construction issues. Public/Stakehol der Involvement PI X X ODOT to coordinate in cooperation with the LPA. All Phases Federal Authorizations X ODOT will coordinate and obtain all needed FHWA Authorizations and notify the LPA upon approval. All Phases Encumbrance of Funds X ODOT will encumber funds in accordance with this Agreement. 4.3 The LPA shall designate an LPA employee to act as the LPA Project Manager and act as the point of contact for all communications with ODOT. 4.4 If Federal funds are used for a phase of project development and the LPA executes an agreement with a consultant prior to the receipt of the “Authorization” notification from ODOT, ODOT may terminate this Agreement and cease all Federal funding commitments. 4.5 ODOT reserves the right to move this PROJECT into a future sale year if the LPA does not adhere to the established PROJECT schedule, regardless of any funding commitments.

Project Development. 4.1 The LPA and ODOT agree that the LPA has received funding approval for the PROJECT from the applicable ODOT Program Manager having responsibility for monitoring such projects using the Federal funds involved. 4.2 Project Development shall follow ODOT’s Project Development Process and all ODOT standards for environmental evaluations, design, plan preparation, right of way acquisition, utility relocation and other processes as set out in the Department’s Design Reference Resource Center, available on ODOT’s website (▇▇▇.▇▇▇.▇▇▇▇▇.▇▇.▇▇/▇▇▇▇/▇▇▇▇▇/▇▇▇▇▇▇▇.▇▇▇▇). Responsibilities for development of the PROJECT shall be as follows and further described herein: LPA ODOT Let Project Responsibility Assignments Responsibility PDP Phase Activity LPA ODOT Commentary Planning All X ODOT to provide coordination as needed Preliminary Engineering All X ODOT to: 1) Provide coordination as needed 2) Review all plans and documents and provide comments Environmental Engineering Stage 1 Plans X ODOT to review all plans and documents and provide comments. Stage 2 Plans X ODOT to review all plans and documents and provide comments. Value Engineering X ODOT will coordinate Value Engineering if required. Refer to Section 4.7. Cost Estimates X LPA/Consultant shall prepare in Estimator format. NEPA X ODOT will coordinate NEPA approval. Refer to Section 4.7 for Environmental Responsibilities. Permits X ODOT will obtain permits needed to construct the PROJECT. R/W Plans X ODOT to review all plans and documents and provide comments. Public/Stakehol der Involvement X ODOT to review all PI plans and materials and provide comments. Final Engineering & R/W R/W Acquisition & Relocation X Refer to Section 6 for detailed requirements. Utility Relocation X Refer to Section 6.6 for additional details. Railroad Coordination and Agreements X Refer to Section 6.8 for additional details. Stage 3 Plans X ODOT to review all plans and documents and provide comments. Cost Estimates X LPA shall prepare in Estimator format. Final Plan Package X ODOT to review all plans and documents and provide comments. Mitigation X ODOT will coordinate any required mitigation efforts. Public/Stakehol der Involvement X ODOT to review all PI plans and materials and provide comments. Construction Advertise X LPA and consultants to assist in responding to bidder questions and preparation of any addenda. Award X ODOT Awards Committee Administer Construction Contract X ODOT will administer the construction contract. The LPA and LPA’s consultants shall respond promptly to requests for information or other construction issues. Public/Stakehol der Involvement X X ODOT to coordinate in cooperation with the LPA. All Phases Federal Authorizations X ODOT will coordinate and obtain all needed FHWA Authorizations and notify the LPA upon approval. All Phases Encumbrance of Funds X ODOT will encumber funds in accordance with this Agreement. 4.3 The LPA shall designate an LPA employee to act as the LPA Project Manager and act as the point of contact for all communications with ODOT▇▇▇▇. 4.4 If Federal funds are used for a phase of project development and the LPA executes an agreement with a consultant prior to the receipt of the “Authorization” notification from ODOT, ODOT may terminate this Agreement and cease all Federal funding commitments. 4.5 ODOT reserves the right to move this PROJECT into a future sale year if the LPA does not adhere to the established PROJECT schedule, regardless of any funding commitments.