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State of Oregon / City of Eugene / EWEB Page 3 <br /> Local Agency Agreement #15, 017 <br /> 10/28/97 <br /> 4. City shall, at its own expense, be responsible for graffiti removal on the soundwall faces <br /> that are adjacent to the public right of way. <br /> 5. City represents that this agreement is signed by City personnel who have been <br /> authorized to do so by the City Council. <br /> EWEB OBLIGATIONS <br /> 1. EWEB shall allow State to enter onto EWEB's property to construct the project. <br /> 2. EWEB shall allow State to enter onto EWEB's property to maintain the soundwall and <br /> slopes. <br /> 3. EWEB shall allow City to enter onto EWEB's property to perform bicycle path and <br /> landscaping maintenance. <br /> 4. EWEB shall provide plans for State's review before installing any future underground <br /> utilities in highway slopes within the EWEB property. EWEB shall retum disturbed <br /> slopes to their original condition. <br /> 5. EWEB shall take reasonable care to minimize damage to the bicycle path. However, <br /> when damage does occur, EWEB shall return areas disturbed by EWEB projects to a <br /> condition suitable for City to repair the bicycle path. <br /> 6. EWEB represents that this agreement is signed by EWEB personnel who have been <br /> authorized to do so by the Board of Directors. <br /> GENERAL PROVISIONS <br /> 1. The City, EWEB, their subcontractors, if any, and all employers working under this <br /> agreement are subject employers under the Oregon Workers Compensation Law and <br /> shall comply with ORS 656.017, which requires them to provide workers compensation <br /> coverage for all their subject workers. <br /> 2. Each party shall, to the extent permitted by the Oregon Constitution, including Article <br /> XI, Sections 9, 10, and 11, and by the Oregon Tort Claims Act, ORS 30.260 to 30.300, <br /> be responsible for its tortious acts and those of its officers, employees or agents arising <br /> out of, or in any way connected with, the acts of each party under this agreement. <br /> 3. City and EWEB acknowledge and agree that State and the Oregon Secretary of State's <br /> office and the federal government and their duly authorized representatives shall have <br /> 07 -00424 <br />