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City of Eugene /State of Oregon -Dept. of Transportation <br />Agreement No. 23750 <br />ATTACHMENT N0.2 <br />STANDARD PROVISIONS <br />JOINT OBLIGATIONS <br />PROJECT ADM/NISTRATION <br />State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration <br />(FHWA) by the administration of this Project, and City hereby agrees that State shall have <br />full authority to carry out this administration. If requested by City or if deemed necessary by <br />State in order to meet its obligations to FHWA, State will further act for City in other matters <br />pertaining to the Project. City shall, if necessary, appoint and direct the activities of a <br />Citizen's Advisory Committee and/or Technical Advisory Committee, conduct a hearing, and <br />recommend the preferred alternative. State and City shall each assign a liaison person to <br />coordinate activities and assure that the interests of both parties are considered during all <br />phases of the Project. <br />2. Any project that uses federal funds in project development is subject to plans, specifications <br />and estimates (PS&E) review and approval by FHWA or State acting on behalf of FHWA <br />prior to advertisement for bid proposals, regardless of the source of funding for <br />construction. <br />PRELIMINARY & CONSTRUCTION ENGINEERING <br />3. .State, City, or others may perform preliminary and construction engineering. If City or <br />others perform the engineering, State will monitor the work for conformance with FHWA <br />rules and regulations. In the event that City elects to engage the services of a personal <br />services consultant to perform any work covered by this Agreement, City and Consultant <br />shall enter into a State reviewed and approved personal services contract process and <br />resulting contract document. State must concur in the contract prior to beginning any work. <br />State's personal services contracting process and resulting contract document will follow <br />Title 23 Code of Federal Regulations (CFR) 172, Title 49' CFR 18, ORS 279A.055, the <br />current State Administrative Rules and State Personal Services Contracting Procedures as <br />approved by the FHWA. Such personal services contract(s) shall contain a description of <br />the work to be performed, a project schedule, and the method of payment. Subcontracts <br />shall contain all required provisions of City as outlined in the Agreement. No reimbursement <br />shall be made using federal-aid funds for any costs incurred by City or its consultant prior to <br />receiving authorization from State to proceed. Any amendments to such contract(s) also <br />require State's approval. <br />4. On all construction projects where State is the signatory party to the contract; and where <br />City is doing the construction engineering and project management, City, subject to any <br />limitations imposed by state law and the Oregon Constitution, agrees to accept all <br />responsibility, defend lawsuits, indemnify and hold State harmless, for all tort claims, <br />contract claims, or any other lawsuit arising out of the contractor's work or City's supervision <br />of the project. <br />7 <br />