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ATTACHMENT NO. 2 <br />STANDARD PROVISIONS <br />2. <br />JOINT OBLIGATFONS <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 Agency (i.e. county, city, unit of local government, or other <br />state agency) hereby agrees that State shall have full authority to carry out this administration. If <br />requested by Agency or if deemed necessary by State in order to meet its obligations to FHWA, <br />.State will further act for the Agency in other matters pertaining to the. project. State and Agency shall <br />actively cooperate in fulfilling the requirements of the Oregon Action Plan. Agency shall, if <br />necessary, appoint and direct the activities of a Citizen's Advisory Committee andlor Technical <br />Advisory Committee, conduct a hearing and recommend the preferred alternative. State and Agency <br />shall each assign a liaison person to coordinate activities and assure that-the interests of both parties.. <br />are considered during all phases of the project. <br />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 for FHWA prior to advertisement <br />for bid proposals, regardless of the source of funding for construction. <br />CTION ENGINEERING <br />3. State, Agency, or others may perform preliminary- and construction engineering. If Agency or others <br />- Ste will monitor the work for conformance with FHWA rules and <br />~ regulations. In the event that Agency elects to engage the services of a .persona service consu o <br />- - perform any work covered by this agreement, Agency and Consultant shall enter - into a State <br />reviewed .and approved: personal service contract process and resulting contract document. State <br />must concur in the contract prior to beginning any work. State's personal service contracting process <br />_ and resulting contract document will follow Title 23 Code of Federal Regulations (CFR)172, Title 49 <br />CFR l8, ORS 279.05.1, the .current State Administrative Rules and. ODOT Personal Services <br />..- .,~rrR ~ ~....1 <br />Contracting Procedures as approved by the r~ederat t~gnway t~aniuii~uuuvx. ~• .. • • ~ _,• --~~.. <br />personal service contract(s)- shall contain a description of the work to be performed,. a project <br />schedule, and. the method of payment. Subcontracts shall contain all required provisions of Agency <br />as outlined in the agreement.. No reimbursement shall be made using. federal-aid funds for any costs <br />incurred by Agency or its consultant prior to receiving authorization from State to proceed: Any <br />amendments. to such contract(s) also require State's approval. <br />4. On al! 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 <br />lawsuits, indemnify and hold State harmless, for all tort claims, contract claims, or any other lawsuit.. <br />arising out of the contractor's work or Agency's supervision of the project. <br />STDPR098.doc. <br />Rev. 06-04-98 <br />