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City/ODOT <br />Agreement No. 24651 <br />consultants, contractors or subcontractors shall adhere to the same requirements as <br />those required of City under this Agreement. <br />2. City's approval authorities for any work performed by City under conditional <br />certification, and after final certification has been granted, shall be identified in a letter <br />to be provided to State. The letter must be sent to State's Local Government Section <br />Team Lead or functional equivalent and State's Region Manager before the signing of <br />this Agreement. If any of the titles identified by City as having approval authority <br />change, City shall immediately send a new letter to State's Local Government Section <br />Team Lead or functional equivalent and State's Region Manager identifying all the <br />parties by title that have approval authority. State's Local Government Section Team <br />Lead or functional equivalent will provide a copy of any updates to the Certification <br />Coordinator in the Local Government Section in Salem. City agrees that the <br />signatures on each project prospectus, Supplemental Project Agreement, contract, <br />and all project development phases shall adhere to said approval authority. <br />3. The provisions of this Agreement shall apply to all federal-aid Supplemental Project <br />Agreements City enters into with State. If needed, and agreed to by both State and <br />City, the provisions of this Agreement may be modified by use of special provisions in <br />the Supplemental Project Agreements. In the event of a conflict, the Supplemental <br />Project AgreemEnt shall control over this Agreement. <br />4. This Agreement may be executed in several counterparts (facsimile or otherwise) all <br />of which when taken together shall constitute one agreement binding on all Parties, <br />notwithstanding that all I'arties~ are not signatories to the. same counterpart. Each <br />copy of this Agreement so executed shalt constitute an original. <br />5. This Agreement and- the attached exhibits constitutes the entire agreement between <br />the parties on the subject matter hereof. There are no understandings, agreements, <br />or representations, oral or written, not specified herein regarding this Agreement. No <br />waiver, consent, modification or change of terms of this Agreement shall bind either <br />party unless in writing and signed by both parties and all necessary approvals have <br />been obtained. .Such waiver,. consent, modification or change, if made, shall be <br />effective only in the specific instance and for the specific purpose given. The failure of <br />State to enforce any provision of this Agreement shall not constitute a waiver by State <br />of that or any other provision. <br />IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year <br />hereinafter written. <br />City shall enter into and execute this Agreement during a duly authorized session of its <br />City's Council as appropriate. <br />The Oregon Transportation Commission on June 18, 2003, approved Delegation Order <br />No. 2, which authorizes the Director to approve and execute agreements for day-to-day <br />operations. <br />21 <br />