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V1/LV/VV lJ.IV VV YV i'L1a VVV 21OV LVYV VLV1 1\C1lJf1 V1\ L ~J ViV <br /> ATTACHMENT NO. 2 <br /> STANDARD PROVISIONS <br /> JOINT OBLIGATIONS <br /> PROJECT ADMINISTRATION <br /> i <br /> 1. State (ODOT) is actvng 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 administrations. );f <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 /> <br /> ~ actively cooperate in fulfilling the requirements of the Oregon Action 1?la~n. Agency shall, if <br /> necessary, appoint and direct the activities of a Citizen's Advisory Committee and/or 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 patties <br /> are considered during all phases of the project. <br /> 2. Any project that uses federal funds in project development is subject to plans, speciFcations and <br /> estimates (PS&E) review and approval by FHWA or State eating for FHWA prior to advertisement <br /> for bid proposals, regardless of the source of funding for construction. <br /> PRELIMINARY 8~ CONSTRUCTION ENGINEERING <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 rules and <br /> regulations. In the event that Agency elects to engage the services of a personal service consultant 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 /> Contracting Procedures as approved by the Federal Highway Administration (FHWA). Such <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 all 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 I'unitations <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 /> <br />