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01/20/00 THLT 08.41 FAX 503 9862840 ODOT REGION 2 f~ 006 <br /> U1/LU/DU UtS:~~ k~A3, ~U38tSfi3t3tltl Ull(Yl YIZJCT SUY. IQ,J006 <br /> Local Agency Agreement Page S <br /> High Priority Project , <br /> ~vsevss <br /> i <br /> ATTACHMENT NO. 1 'TO AGREEMENT #17483 <br /> SPECIAL PROVISIONS <br /> I <br /> 1. Agency, or consultant, shall conduct the necessary preliminary engineering and <br /> design work required to produce final plans, specifications acid cost estimates; . <br /> purchase all necessary right-of-way; obtain alt required permits; arratrge for ail utility <br /> relocations or reconstruction; pertorm 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. Agency guarantees the availability of Agency funding in an amount required to fully <br /> fund Agency's share of the Project cost.. Prior to award of the contract, the Project <br /> cost is defined as the Engineer's Estimate plus 10 percent. <br /> i <br /> 3. Agency shalt, at its own expense, maintain and operate the Project upon completion <br /> at a minimum level that is consistent wi#h normal depreciation and/or service <br /> demand. ' <br /> 4. Agency shalt maintain and account for the federal and/or sta#e financial interest in <br /> <br /> i <br /> Project property and assets. <br /> 5. If private property is to be improved as a part of Project, Agency shall, upon <br /> completion of Project and as a condition to this agreement, wt1'iplete and file with <br /> the appropriate County Clerk, an Acknowledgment of Federal Assistance, which is <br /> attached hereto as.Exhibit C, and by this reference is made a part hereof..Agency <br /> shall provide confirmation of this filing by forwarding to the State's Region #2 <br /> Manager a conformed copy of the recorded .Exhibit C. By means of laid <br /> acknowledgment, alien shalt be es#ablished against said property and assets <br /> subject to the satisfaction of Agency's financial obligations, the continued use of said <br /> property for public purposes, and the maintenance of the faeil""rty or service at a level <br /> consistent with normal depreciation and/.or demand. State's interest in said property <br /> is proportional to the federal and state participation in Project. <br /> 6. Agency understands that the federal funding is allocated ovec a six-year period. If <br /> Agency wishes to construct the Project prior to the sixth year, which is Federal <br /> Fiscal Year 2003, Agency must deposit sufficient funds to State to cower al! Project <br /> costs in excess of currently available federal funds. As federal funds become <br /> available, Agency will be reimbursed that portion of the advance deposit. ~ These <br /> funds must be deposited per-. paragraph 22 of the Standard Provisions. <br /> 7. Maintenance responsibilities shalt survive any termination of this agreement. <br /> _ - <br /> <br />