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City ofEugene /State of Oregon -Dept. of Transportation <br />Agreement No. 24516 <br />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) by <br />the administration of this Project, and City hereby agrees that State shall have full authority to <br />carry out this administration. If requested by City or if deemed necessary by State in order to <br />meet its obligations to FHWA, State will further act for City in other matters pertaining to the <br />Project. City sha(I, if necessary, appoint and direct the activities of a Citizen's Advisory <br />Committee and/or Technical Advisory Committee, conduct a hearing, and. recommend the <br />preferred alternative. State and City shall each assign a liaison person to coordinate activities <br />and assure that the interests of both parties are 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 8 CONSTRUCTION ENGINEERING <br />3.. State, City, or others may pertorm preliminary and construction engineering. If City or others <br />perform the engineering, State will monitor the work for conformance with FHWA rules and' <br />regulations. In the event that City elects to engage the services of a personal services consultant <br />to perform any work covered by this Agreement, City and Consultant shall enter into a State <br />reviewed and approved personal services contract process and resulting contract document. <br />State must concur in the contract prior to beginning any work. State's personal services <br />contracting process and resulting contract .document will follow Title 23 Code of Federal <br />Regulations (CFR) 172, Title 49 CFR 18, ORS 279A.055, the current State Administrative Rules <br />and State Personal Services Contracting Procedures as approved by the FHWA. Such personal <br />services contract(s) shall contain a description. of the work to be pertormed, a project schedule, <br />and the method of payment. Subcontracts shall contain all required provisions of City as outlined <br />in the Agreement. No reimbursement shall be made using federal-aid. funds for any costs <br />incurred by City or its consultant prior to receiving authorization from State to proceed. Any <br />amendments to such contract(s) also require State's approval. <br />4. On all construction projects where State is the signatory party to the contract, and where City is <br />doing the construction engineering and project management, City, 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 <br />lawsuit arising out of the contractor's work or City's supervision of the project. <br />REQUIRED STATEMENT FOR UNITED STATES DEPARTMENT OF TRANSPORTATION <br />(USDOT) FINANCIAL ASSISTANCE AGREEMENT <br />5. If as a condition of assistance, City has submitted and the United States Department of <br />_ Transportation (USDOT) has approved a Disadvantaged Business Enterprise Affirmative Action <br />Program which City agrees to carry out, this affirmative action program is incorporated into the <br />financial assistance agreement by reference. That program shall be treated as a legal obligation <br />7 <br />