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City of Eugene/ODOT <br />Agreement No. 23,423 <br />ATTACHMENT NO. 1 TO AGREEMENT 23,423 <br />SPECIAL PROVISIONS. <br />1. Agency, or its consultant, shall conduct the necessary preliminary engineering and <br />design work required to produce final plans, specifications and cost estimates; <br />purchase all necessary right of way; obtain all required permits; arrange for all utility <br />relocations or reconstruction; perform ali construction engineering, including all <br />required materials testing and quality documentation; and prepare necessary <br />documentation to allow State to make all contractor payments. <br />2. In the event that Agency elects to engage the services of a personal services <br />consultant to .perform any work covered under this Agreement, Agency and <br />Consultant shall enter into a Personal Services Contract approved by State's Office <br />of Procurement Manager or designee (Salem). Said contract must be reviewed and <br />approved by the Office of Procurement Manager or designee prior to beginning any <br />work. This review includes, but is not limited to the Request for Proposal, Statement <br />of Work, advertisement and all contract documents. This review and approval is <br />required to ensure federal reimbursement. <br />3. State may make available Region 2's On-Call PE, Design and Construction <br />Engineering .Services consultant for Local Agency Projects upon written request. If <br />Agency chooses to use said services, it agrees to manage the .work done by the <br />consultant and make funds available to the State for payment of those services. All <br />eligible work shall be a federally participating cost and included as .part of the total <br />cost of the Project. <br />4. Agency guarantees the availability of Agency funding in an amount required to fully <br />fund Agency's share of the Project. Prior to award of the contract, the Project cost <br />is defined as the engineer's estimate plus 10 percent. <br />5. Agency shall, at~its own expense, maintain and operate the Project upon completion <br />at a minimum level that is consistent with normal depreciation and/or service <br />demand. <br />6. If Agency fails to meet the requirements of this Agreement or the underlying federal <br />regulations, State may withhold. the Agency's proportional share of Highway Fund <br />distribution necessary to reimburse State for costs incurred by such Agency breach. <br />7. Agency understands that the federal funding is allocated over afive-year period. If <br />Agency wishes to construct the Project prior to the fifth year, which is Federal Fiscal <br />Year 2009, Agency shall deposit sufficient funds to State to cover all Project costs in <br />excess of currently available federal funds. As federal #unds become .available, <br />Agency will be reimbursed that portion of the advance deposit. These funds must <br />be deposited per Paragraph 24 of the Standard Provisions. <br />7 <br />