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f <br /> i <br /> ATTACHMENT NO. 1 to Agreement No. 23,539 <br /> SPECIAL PROVISIONS <br /> .I 1. Agency, or its consultant, shall conduct the necessary preliminary engineering and design <br /> work required to produce final plans, specifications and cost estimates; acquire the <br /> necessary right of way and easements as shown in the attached Exhibit C, by reference <br /> made a part hereof; obtain all required permits; arrange for all utility relocations or <br /> j reconstruction; perform all construction engineering, including all required materials <br /> testing and quality documentation; and prepare necessary documentation to allow State <br /> j to make all contractor payments. Project plans shall conform to the Oregon Highway <br /> Design Manual and the Oregon Bicycle and Pedestrian Plan. <br /> 2. Agency .guarantees the availability of Agency funding in an amount required to fully fund <br /> Agency's share of the Project. Prior to award of the contract, Agency shall provide State <br /> <br /> j its share of the Project cost upon receipt of request from State. The Project cost is <br /> defined as the. Engineer's estimate plus 10 percent. <br /> 3. In the event that Agency elects to engage the services of a personal services consultant <br /> to perform any work covered under this Agreement, Agency and Consultant shall enter <br /> into a Personal Services Contract approved by State's Office of Procurement Manager or <br /> designee (Salem). Said contract must be reviewed and approved by State's Office of <br /> Procurement Manager or designee prior to beginnin an work. This review includes, but <br /> g Y <br /> <br /> . is not limit <br /> ed to the Request for Proposal, Statement of Work, advertisement and all <br /> contract documents. This review and approval is required to ensure federal <br /> reimbursement. <br /> 4. State may make available Region 2's On-Call PE, Design and Construction Engineering <br /> ~ Services consultant for Local Agency Projects upon written request. If Agency chooses to <br /> use said services, they agree to manage the work done by the consultant and make funds <br /> available to the State for payment of those services. All eligible work shall be a federally <br /> participating cost and included as part of the total cost of the Project. <br /> 5. Agency shall, at its own expense, maintain and operate the Project upon completion and <br /> throughout the useful life of the Project at a minimum level that is consistent with normal <br /> depreciation and/or service demand. State and Agency agree that the useful life of this <br /> Project is defined as 15 years. State may conduct periodic inspections during the life of <br /> the Project to verify that Project is being properly maintained and continues to serve the <br /> purpose for which federal funds were provided. <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 /> Agency will be ineligible to receive or apply for any Transportation Enhancement funds <br /> until State receives full reimbursement of the costs incurred. <br /> 7. Maintenance responsibilities shall survive any termination of this Agreement. <br /> <br />