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City of Eugene /State of Oregon -Dept. of Transportation <br />Agreement No. 23750 <br />41. The standard unit of measurement for all aspects of the Project may be either System <br />International (SI) Units (metric), or English Units. However, all Project documents ,and <br />products shall be in one or the other unit of measurement. This includes, but is not limited <br />to, right of way, environmental documents, plans and specifications, and utilities. It should <br />be recognized that the- State is currently transitioning to English, and will be completely <br />English by 2006. <br />GRADE CHANGE LIABILITY <br />42. City hereby accepts responsibility for all claims for damages from grade changes. Approval <br />of plans by State shall not subject State to liability under ORS 105.760 for change of grade. <br />43. City, by execution of Agreement, gives its consent as required by ORS 373.030(2) to any <br />and all changes of grade within the City limits, and gives its consent as required by ORS <br />373.050(1) to any and. all closure of streets intersecting the highway, if any there be in <br />connection with or arising out of the project covered by the Agreement. <br />CONTRACTOR CLAIMS <br />44. City shall, to the extent permitted by state law, indemnify, hold harmless and provide legal <br />defense for State against all claims brought by the contractor, or others resulting from City's <br />failure to comply with the terms of this Agreement. <br />45. Notwithstanding the foregoing defense obligations under paragraph 44, neither City nor any <br />attorney engaged by City shall defend any claim in the name of the State of Oregon or any <br />agency of the State of Oregon, nor purport to act as legal representative of the State of <br />Oregon or any of its agencies, without the prior written consent of the Oregon Attorney <br />General. The State of Oregon may, at anytime at its election assume its own defense and <br />settlement in the event that it determines that City is prohibited from defending the State of <br />Oregon, or that City is not adequately defending the State of Oregon's interests, or that an <br />important governmental principle is at issue or that it is in the best interests of the State of <br />Oregon to do so. The State of Oregon reserves all rights to pursue any claims it may have <br />against City if the State of Oregon elects to assume its own defense. <br />MAINTENANCE RESPONSIBILITIES <br />46. City shall, upon completion of construction, thereafter maintain and operate the Project at its <br />own cost and expense, and in a manner satisfactory to State and FHWA. <br />WORKERS' COMPENSATION COVERAGE <br />47. All employers, including City that employ subject workers who work under this Agreement in <br />the State of Oregon shall comply with ORS 656.017 and provide the required Workers' <br />Compensation- coverage unless such employers are exempt under ORS 656.126. City shall <br />ensure that each of its contractors complies with these requirements: <br />LOBBYING RESTRICTIONS <br />48. City certifies by signing the Agreement that: <br />A. No federal appropriated funds have been paid or will be paid, by or on behalf of the <br />undersigned, to any person for influencing or attempting to influence an officer or <br />14 <br />