New Search
t.: ~~.i~~~.n.~.~C:f:~. C`C?f: Cti`c~c.~:in~::fina.l..c~csc <br />~~c1~.C 3 <~~~,'~ __ ` <br />2. Jointly approve contract plans, specifications, documents and bid resuits. It is <br />expressly understood that the PROJECT documents will be to ODOT/Oregon Standard <br />Specifications in conjunction with applicable CITY design details. <br />3. Upon completion of the PROJECT, jo'intly inspect PROJECT for acceptance. <br />4. Dispute Resolution. The parties shall exert every effort to cooperatively resolve any <br />disagreements they may have under this Agreement. In the event that the parties alone are <br />unable to resolve any conflict under this Agreement, they agree to present their <br />disagreements to a mutually selected mediator. Each party shall bear its own costs for <br />mediation and the parties shall share the cost of the r~ediator. This procedure shall be <br />followed to its conclusion prior to either party seeking relief from a court, except in the case of <br />an emergency. <br />If the dispute remains unresolved through mediation, the parties may agree in writing <br />to submit the dispute to arbitration, using such arbitr.ation process as they may choose at the <br />time and which includes the following conditions <br />a) The location of the arbitration shall be in Eugene, Oregon; <br />b) Each party shall bear its own costs (except arbitration filing costs), witness <br />fees, and attorney fees; <br />c) Arbitration filing costs and any arbitrator's fees will be divided equally between <br />the parties; and <br />d) Judgment upon award rendered by the Arbitrator may be entered in a court in <br />Lane County, Oregon. <br />5. This Agreement will expire three (3) years from the date of execution or upon <br />satisfaction of all Agreement terms, whichever occurs first, unless the parties mutually <br />agree to extend the expiration date. <br />6. To the extent allowable by the Oregon Constitution and, the Oregon Revised <br />Statutes, and limitations of the Oregon Tort Claims Act, each of the parties hereto agrees to <br />defend, indemnify and save the other harmless from any claims, liability or damages, <br />including attorney fees, arising out of resulting from any error, omission or act of negligence <br />on the part of the indemnifying party, its officers, agents or employees relative to the <br />responsibilities of fhe indemnifying party in performance of this agreement. <br />7. CITY may terminate this agreement if it fails to ceceive funding for PROJECT. <br />Termination will be effective upon delivery of written notice to COUNTY by certified mail. In <br />the event PROJECT is canceled for lack of funding, CITY must reimburse COUNTY for all <br />costs incurred up to the point of termination, <br />