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<br /> . , <br /> 37. Agency agrees that minimum design standards for non-NHS projects shall be recommended <br /> AASHTO Standards and in accordance with the current "Oregon Bicycle and Pedestrian Plan", <br /> unless otherwise requested by Agency and approved by State. <br /> 38. Agency agrees and will verify that the installation of traffic control devices shall meet the warrants <br /> prescribed in the "Manual on Uniform Traffic Control Devices and Oregon Supplements". <br /> 39. All plans and specifications shall be developed in general conformance with the current "Contract <br /> Road Plans Guide" and the current "Standard Specifications" and/or guidelines provided. <br /> 40. The standard unit of measurement for all aspects of the project may be either System International <br /> (SI) Units (metric), or English Units. However, all project documents and products shall be in one or <br /> the other unit of measurement. This includes, but is not limited to, right-of--way, environmental <br /> documents, plans and specifications, and utilities. It should be recognized that the ODOT is <br /> currently transitioning to English, and will be completely English by 2006. <br /> GRADE CHANGE LIABILITY <br /> 41. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts <br /> necessary to complete construction of the project which may alter or change the grade of existing <br /> county roads are being accomplished at the direct request of the County. <br /> 42. Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes. <br /> Approval of plans by State shall not subject State to liability under ORS 105.760 for change of grade. <br /> 43. Agency, if a City, by execution of agreement, gives its consent as required by ORS 373.030(2) to any <br /> and all changes of grade within the City limits, and gives its consent as required by ORS 373.050(1) <br /> to any and all closure of streets intersecting the highway, if any there be in connection with or arising <br /> out of the project covered by the agreement. <br /> CONTRACTOR CLAIMS <br /> 44. Agency shall, to the extent permitted by State law, indemnify, hold harmless and provide legal <br /> defense for the State against all claims brought by the contractor, or others resulting from Agency's <br /> failure to comply with the terms of this Agreement. <br /> 45. Notwithstanding the foregoing defense obligations under .paragraph 44, neither Agency nor any <br /> attorney engaged by Agency shall defend any claim in the name of the State of Oregon or any agency <br /> of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its <br /> agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon <br /> may, at anytime at its election assume its own defense and settlement in the event that it determines <br /> that Agency is prohibited from defending the State of Oregon, or that Agency is not adequately <br /> defending the State of Oregon's interests, or that an important governmental principle is at issue or <br /> that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights <br /> to pursue any claims it may have against Agency if the State of Oregon elects to assume its own <br /> defense. <br /> STDPRO-2000.doc 8 <br /> Rev.5-21-2004 <br /> <br />