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1. Solicit, award and execute all contracts required to be executed for <br /> construction of the Project; <br /> 2. Act as project manager for the Project and, subject to Developer's right to <br /> approve certain change orders and directives, review and approve all proper <br /> change orders and change directives; <br /> 3. Administer all disbursements and perform all record keeping activities <br /> required by the Grant Agreement; <br /> 4. Make all Project payments from the funds provided by the Grant and by <br /> Developer; and <br /> 5. Perform warranty inspections. <br /> (b) Developer Obligations. Developer shall be responsible for all of the following: <br /> 1. Developer shall be solely responsible for all design and engineering costs <br /> outside of the funding described in this Agreement. The Project shall be <br /> designed to comply with all applicable City and ODOT engineering <br /> specifications for public improvements, and shall be submitted to City and <br /> ODOT for their respective reviews and approvals. Developer shall cause the <br /> plans and specifications to be modified at the request of City and ODOT <br /> during the review process. Developer shall deliver a complete set of the final <br /> plans and specifications to the City, in reproduction-ready form, prior to the <br /> advertisement of the construction contract solicitation. <br /> 2. Developer will apply for and obtain all permits required for the Project. All <br /> permits must be delivered to City prior to the award of the Project <br /> construction contract. <br /> 3. Developer shall have 24 hours during weekdays (between 8 a.m. on Monday <br /> morning and 5 p.m. on Friday) to review and object to any change order that <br /> would result in a net increase in the cost of the Project. Developer may not <br /> object to a change order that is reasonably required to assure that the Project <br /> will comply with applicable standards for public improvements. If Developer <br /> does not approve or file a written objection with City as to any change order <br /> within 24 hours of receipt by Developer's contract agent, Developer shall be <br /> deemed to have approved the change order. <br /> 4. Developer shall provide reasonable cooperation, promptly execute and deliver <br /> all documents and take all other acts necessary to enable City to construct the <br /> Project in a timely manner. <br /> 5. Developer shall pay all Project costs and expenses except for those costs paid <br /> <br /> South Judkins Point Interchange Funding and Construction Agreement Page 3 <br /> <br />