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ATTACHMENT N0.2 <br /> STANDARD PROVISIONS <br /> JOINT OBLIGATIONS <br /> PROJECT ADMINISTRATION <br /> 1. State (ODOT) is acting to fulfill ifs responsibility to the Federal Highway Administration (FHWA) by <br /> the administration of this. Project, and Agency (i.e. county, city, unit of local government, or other state <br /> agency) hereby agrees that State shall have full authority to carry out this administration. If requested <br /> by Agency or if deemed necessary by State in order to meet its obligations to FHWA, State will further <br /> act for Agency in other matters pertaining to the Project. Agency shall, if necessary, appoint and direct <br /> the activities of a Citizen's Advisory Committee and/or .Technical Advisory Committee, conduct a <br /> hearing and 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 phases of <br /> 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 & CONSTRUCTION ENGINEERING <br /> 3. State, Agency, or others may perform preliminary and construction engineering. If Agency or others <br /> perform the engineering, State will monitor the work for conformance with FHWA rules and <br /> regulations. In the event that Agency elects to engage the services of a personal services consultant to <br /> perform any work covered by this Agreement, Agency and Consultant shall enter into a State reviewed <br /> and approved personal services contract process and resulting contract document. State must concur in <br /> the contract prior to beginning any work. State's personal services contracting process and resulting <br /> contract document will follow Title 23 Code of Federal Regulations (CFR) 172, Title 49 CFR 18, ORS <br /> 279A.055, the current State Administrative Rules and State Personal Services Contracting Procedures <br /> as approved by the FHWA. Such personal services contract(s) shall contain a description of the work <br /> to be performed, a project schedule, and the method of payment. Subcontracts shall contain all <br /> required provisions of Agency as outlined in the Agreement. No reimbursement shall be made using <br /> federal-aid funds for any costs incurred by Agency or its consultant prior to receiving authorization <br /> from State to proceed. Any amendments to such contract(s) also require State's approval. <br /> <br /> 4. On all construction projects where State is the signatory party to the contract, and where Agency is <br /> doing the construction engineering and project management, Agency, subject to any limitations <br /> imposed by state law and the Oregon Constitution, agrees to accept all responsibility, defend lawsuits, <br /> indemnify and hold State harmless, for all tort claims, contract claims, or any other lawsuit arising out <br /> of the contractor's work or Agency's supervision of the project. <br /> REQUIRED STATEMENT FOR UNITED STATES DEPARTMENT OF <br /> TRANSPORTATION (USDOT) FINANCIAL ASSISTANCE AGREEMENT <br /> <br /> 5. If as a condition of assistance, Agency has submitted and the United States Department of <br /> Transportation (USDOT) has approved a Disadvantaged Business Enterprise Affirmative Action <br /> <br />