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ATTACHMENT NO. 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 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 Ptan. 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 />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 for FHWA prior to advertisement <br />for bid proposals, regardless of the source of funding for construction. <br />PRELIMINARY & CONSTRUCTION ENGINEERING <br />__ __ <br />. 3. State, Agency, or others may perform preliminary and construction engineering. If Agency or others <br />perform the engineering, State will monitor the work for conformance with FHWA talcs and <br />regulations. In the event that Agency elects to engage the services of a persona service consu tart to <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 18, ORS 279.051, the current State Administrative Rules and ODOT Personal Services <br />t;onuacung rroceaures as approves oy ale reaeral tllgnway t1Qm1I1ISUituvu ~rn•rn~. .~u~ai <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 alt 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 ail 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. Of-04-98 <br />