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Csty/ODOT <br />Agreement No. 24651 <br />1. City shall require its contractor(s) to list the State of Oregon, Oregon Transportation <br />Commission and its members, and Department of Transportation, its officers and <br />employees, as additional insured in the insurance certificates required of contractor(s) <br />under any contract. Prior to Notice to Proceed, contractor shall provide insurance <br />certificates to City. .For railroad insurance, the maximum dollar amounts of coverage <br />to be reimbursed for federal funds with respect to bodily injury, death and property <br />damage is limited to a combined amount of $2,000,000 per occurrence with an <br />aggregate of $6,000,000 applying separately to each annual period. FHWA must <br />approve any .exceptions to the maximum railroad protective insurance limits. City <br />should contact local railroad for insurance requirements. The insurance coverages <br />shall be in effect for the life of the contract. <br />2. City shall include State as a third party beneficiary in the specifications of City's <br />construction contract on any projects, with express authority to enforce the terms and <br />conditions of the contract. <br />Workers' Compensation Coverage <br />1. All employers, including City that employ: subject workers who work under this <br />Agreement in the State of Oregon shall comply with ORS 656.017 and provide the <br />required Workers' Compensation coverage unless such employers are exempt under <br />ORS 656.126. City shall ensure that each of its contractors complies with these <br />requirements: <br />Termination <br />1. This Agreement may be terminated by mutual written consent of both parties. <br />2. State may terminate or rescind this Agreement if City fails to comply with the above- <br />mentioned requirements, and after receipt of written notice from State,. fails to .correct <br />such compliance within ten (10) days or such longer period as State may authorize. <br />3. State may terminate this Agreement effective upon delivery of written notice to City, or <br />at such later date as may be established by State, under any of the following <br />conditions: <br />a) If State fails to . receive funding, appropriations, limitations or other <br />expenditure authority sufficient to allow State, in the exercise of its reasonable <br />administrative discretion, to continue to make federal fund reimbursements to <br />City as provided under the Certification Program. <br />b) If federal or state laws, regulations or guidelines are modified or interpreted in <br />such a way that either the Certification Program is prohibited or State is <br />prohibited from reimbursing City with federal funds. <br />19 <br />