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ATTACHMENT N0.2 <br />STANDARD PROVISIONS <br />JOINT OBLIGATIONS <br />PROJECT ADMINISTRATION <br />1. State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) <br />by the administration of this Project, and Agency (i.e. county, city, unit of local government, or other <br />state agency) hereby agrees that State shall have full authority to carry out this administration. If <br />requested by Agency or if deemed necessary by State in order to meet its obligations to FHWA, State <br />will further act for Agency in other matters pertaining to the Project. Agency shall, if necessary, <br />appoint and direct the activities of a Citizen's Advisory Committee and/or Technical Advisory <br />.Committee, conduct a hearing and recommend the preferred alternative. State and Agency shall each <br />assign a liaison person to coordinate activities and assure that the interests of both parties are <br />considered during all phases of the Project. <br />2. Any project that uses federal funds in project development is subject to. plans, specifications and <br />estimates (PS&E) review and approval by FHWA or State acting on behalf of FHWA .prior to <br />advertisement for bid proposals, regardless of the source of funding for construction. <br />PRELIMINARY & CONSTRUCTION ENGINEERING <br />3. State, Agency, or others may perform preliminary and construction engineering. If Agency or others <br />perform the engineering, State will monitor the work for conformance with FHWA rules and <br />regulations. In the event that Agency elects to engage the services of a personal services consultant <br />`"to perform any work covered by this Agreement; Agency and Consultant shall enter into a State <br />''reviewed and approved personal services contract process and resulting contract document. State <br />must concur in the contract prior to beginning any work. State's personal services contracting <br />process and resulting contract document will follow Title 23 Code of Federal Regulations (CFR) <br />172, Title 49 CFR 18, ORS 279A.055, the current State Administrative Rules and State Personal <br />Services Contracting Procedures as approved by the FHWA. Such personal services contract(s) shall <br />contain a description of the work to be performed, a project schedule, and the method of payment. <br />Subcontracts shall contain all. required provisions of Agency as outlined in the Agreement. No <br />reimbursement shall be made using federal-aid funds for any costs incurred by Agency or its <br />consultant prior to receiving authorization from State to proceed. Any amendments to such <br />contract(s) also require State's approval. <br />4. On all construction projects where State is the signatory party to the contract, and where Agency is <br />doing the construction engineering and project management, Agency, subject to any limitations <br />imposed by state law and the Oregon Constitution, agrees to accept all responsibility, defend. <br />lawsuits, indemnify and hold State harmless, for all tort claims, contract claims, or any other lawsuit <br />arising out of the contractor's work or Agency's supervision of the project. <br />STDPRO-2005.doc <br />Rev. 3-22-2005 <br />