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City of Eugene /State of Oregon -Dept. of Transportation ~ ' <br /> Agreement No. 24596 <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 shall, 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 & CONSTRUCTION ENGINEERING <br /> 3.. State, City, or others may perform 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 performed, a project schedule, <br /> and the method of payment. Subcontracts shall contain all re uired rovisions of Ci as outlined <br /> q p tY <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 j <br /> amendments to such contract(s) also require State's approval. <br /> I <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 j <br /> imposed by .state law and the .Oregon Constitution, agrees to accept all responsibility, defend <br /> lawsuits, indemnify and hold State harmless, for al[ 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 /> <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 /> i <br /> 7 i <br /> _ <br /> <br />