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City of Eugene/ODOT~ <br /> Agreement No. 22,1 T, - <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 Agency (i.e. county, city, unit of local. <br /> government, or other state agency) hereby agrees that State shall have full authority to <br /> carry out this administration. If requested by Agency or if deemed necessary by State in <br /> order to meet its obligations to FHWA, State will further act for the Agency in other matters <br /> pertaining to the project. State and Agency shall actively cooperate in fulfilling the <br /> requirements of the Oregon Action Plan. Agency shall, if necessary, appoint and direct the <br /> 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 . <br /> liaison person to coordinate activities and assure that the interests of both .parties are <br /> considered during all 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 for 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 <br /> or others perform the engineering, State will monitor the work for conformance with FHWA <br /> rules and regulations. In the event that Agency elects to engage the services of a personal <br /> service consultant to perform any work covered by this Agreement, Agency and Consultant <br /> shall enter into a State reviewed and approved personal service contract process and <br /> . resulting contract document. State must concur in the contract prior to beginning any work. <br /> State's personal service contracting process and resulting contract document will follow Title <br /> 23 Code of Federal Regulations (CFR) 172, Title 49 CFR 18, ORS 279.051, the current ' <br /> State Administrative Rules and ODOT Personal Services Contracting Procedures as <br /> approved by the Federal Highway Administration (FHWA). Such .personal service <br /> `contract(s) shall contain a description of the work to be performed, a project schedule, and <br /> the method of payment. Subcontracts shall contain all required provisions of Agency as <br /> outlined in the Agreement. No reimbursement shall be made using federal-aid funds for any <br /> costs incurred by Agency or its consultant prior to receiving authorization from State to <br /> 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 #o the contract, and where <br /> Agency is doing the construction engineering and project management, Agency, subject to <br /> any 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 Agency's <br /> supervision of the project. <br /> 7 <br /> <br />