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City of Eugene /State of Oregon -Dept. of Transportation <br /> Agreement No. 23750 <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 <br /> (FHWA) by the administration of this Project, and City hereby agrees that State shall have <br /> full authority to carry out this administration. If requested by City or if deemed necessary by <br /> State in order to meet its obligations to FHWA, State will further act for City iri other matters <br /> pertaining to the Project. City 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 City shall each assign a liaison person to <br /> 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, City, or others may perform preliminary and construction engineering. If City or <br /> others perform the engineering, State will monitor the work for conformance with FHWA <br /> rules and regulations. In the event that City elects to engage the services of a personal <br /> services consultant to perform any work covered by this Agreement, City 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 City as outlined in the Agreement. No reimbursement <br /> shall be made using federal-aid funds for any costs incurred by City or its consultant prior to <br /> receiving authorization from State to proceed. Any amendments to such contract(s) also <br /> require State's approval. <br /> <br /> 4. On all construction projects where State is the signatory party to the contract; and where <br /> City is doing the construction engineering and project management, City, subject to any <br /> 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 City's supervision <br /> of the project. <br /> 7 <br /> <br />