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ATTACHMENT N0.2 <br />STANDARD PROVISIONS <br />JOINT OBLIGATIONS <br />PROJECT ADMINISTRATION <br />State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration <br />(FHWA) by the administration of this Project, and Agency (i.e. county, city, unit of local <br />government, or other state agency) hereby agrees that State shall have full authority to <br />carry out this administration. If requested by Agency or if deemed necessary by State in <br />order to meet its obligations to FHWA, State will further act for Agency in other matters <br />pertaining to the Project. Agency 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 Agency shall each assign a liaison person <br />to 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, Agency, or others may perform preliminary and construction engineering. If Agency <br />or others perform the engineering, State will monitor the work for conformance with FHWA <br />rules and regulations. In the event that Agency elects to engage the services of a personal <br />services consultant to perform any work covered by this Agreement, Agency 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 Agency as outlined in the Agreement. No <br />reimbursement shall be made using federal-aid funds for any costs incurred by Agency or <br />its consultant prior to receiving authorization from State to proceed. Any amendments to <br />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 <br />Agency is doing the construction engineering and project management, Agency,. subject to <br />any 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 Agency's <br />supervision of the project. <br />STDPRO-2006.doc <br />Rev. 7-3-2006 <br />