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City of Eugene/ODOT <br /> Agreement No. 20,958-02 <br /> REVISED ATTACHMENT NO. 1-A TO AGREEMENT # 23,427 <br /> SPECIAL PROVISIONS <br /> 1. Agency, or its consultant, shall conduct the necessary preliminary engineering and <br /> design work required to produce final plans, specifications and cost estimates; <br /> purchase all necessary right of way; obtain all required permits; arrange for all utility <br /> relocations or reconstruction; perform all construction engineering, including all <br /> required materials testing and quality documentation; and prepare necessary <br /> documentation to allow State to make all contractor payments. <br /> 2. In the event that Agency elects to engage the services of a personal services <br /> consultant to perform any work covered under this Agreement, Agency and <br /> Consultant shall enter into a Personal Services Contract approved by State's Office <br /> of Procurement Manager or designee (Salem). Said contract must be reviewed and <br /> approved by the Office of Procurement Manager or designee prior to beginning any <br /> work. This review includes, without limitation, the Request for Proposal, Statement <br /> of Work, advertisement and all contract documents. This review and approval is <br /> required to ensure federal reimbursement. <br /> 3. State may make available Region 2's On-Call PE, Design and Construction <br /> Engineering Services consultant for Local Agency Projects upon written request. If <br /> Agency chooses to use said services, it agrees to manage the work done by the <br /> consultant. and make funds available to the State for payment of those services. All <br /> eligible work shall be a federally participating cost and included as part of the total <br /> cost of the Project. <br /> <br /> 4. :Agency guarantees the availability of Agency funding in an amount required to fully <br /> fund Agency's share of the Project. Prior to award of the contract, the Project cost is <br /> defined as the engineer's estima#e plus 10 percent. <br /> 5. Agency shall, at its own expense, maintain and operate the Project upon completion <br /> at a minimum level that inconsistent with normal depreciation and service demand. <br /> <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 /> <br /> 7. Agency understands that the federal funding is allocated over afive-year period. If <br /> Agency wishes to construct the Project prior to the fifth year, which is Federal Fiscal <br /> Year 2009, Agency shall deposit sufficient funds to State to cover all Project costs in <br /> excess of currently available federal funds. As federal funds become available, <br /> Agency will be reimbursed that portion of the advance deposit. These funds must be <br /> deposited per Paragraph 24 of the Standard Provisions. <br /> r' <br /> 6 <br /> <br />