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Wayne Morse Federal Courthouse Transportation Improvements <br /> City of Eugene <br /> Page 2 <br /> 1. CITY agrees to use COUNTY grant funds for expenditures allowable under the Oregon <br /> Constitution, Article IX, Section 3a in connection with construction of the transportation improvements <br /> associated with the federal courthouse project. CITY agrees to provide funding for project costs which <br /> are not allowabl <br /> e ex <br /> penditures per the Oregon Constitution or which exceed COUNTY s grant amount. <br /> ~ CITY shall submit a request for progress payment to COUNTY. <br /> 2. CITY agrees to complete the construction of the transportation improvements associated with <br /> the federal courthouse project covered by this agreement within 36 months of execution of this agreement <br /> unless mutually agreed by both parties to extend that completion date. <br /> 3. CITY shall comply with all federal, state and local laws, regulations, executive orders and <br /> ordinances applicable to this Agreement. The COUNTY's performance under this Agreement is <br /> conditioned upon the CITY's compliance with the provisions of ORS- 279.312, 279.314, 279.316, 279.320 <br /> and 279.555, which are incorporated by reference herein. <br /> 1 <br /> 4. CITY shall require that the contractor, its subcontractors, if any, and all employers performing <br /> work on the Project are subject employers under the Oregon workers compensation law and shall comply <br /> with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject <br /> j workers. <br /> <br /> 'j 5. CITY agrees to refund any amounts expended on items determined by COUNTY to be <br /> ineligible Road Fund expenditures as defined by the Oregon Constitution, Article IX, Section 3a. <br /> ! 6. CITY agrees to provide COUNTY with detailed documentation of expenditures within 90 days <br /> it <br /> of project completion. <br /> 7. CITY agrees that the federal courthouse transportation improvements covered by this <br /> agreement will be within CITY jurisdiction and will remain CITY improvements within the CITY's Urban <br /> 'I Growth Boundary. CITY will be responsible for all maintenance associated with the improvements. This <br /> provision shall survive termination of this agreement. <br /> BOTH PARTIES AGREE: <br /> 1. All applicable Urban Transition policies and agreements shall apply to the improvements <br /> funded pursuant to this agreement. <br /> i <br /> 2. COUNTY participation in this project shall be limited to the following: <br /> a) Review project plans and specifications for determination of road fund eligibility; <br /> b) Review and approval of project bid format to ensure road fund eligible activities are <br /> identified as separate line items; <br /> c) Review and approval of landscaping costs -not to exceed 6% of County allocation; <br /> d) Review and approval of final project accounting for road fund eligible activities. <br /> 3. The term of this agreement is 36 months commencing on the date (Effective Date") on which <br /> this Agreement has been duly executed and all required approvals have been obtained. <br /> 4. COUNTY may, at any time, upon 30 days prior written notice of default to the CITY, terminate <br /> this Agreement for any or no reason including but not limited to the following conditions: <br /> a) The design, permitting, or construction of the Project is not pursued with due diligence; or <br /> b) CITY fails to correct or obtain remediation for any construction which is not done in a <br /> good and workmanlike manner; or <br /> c) CITY substantially fails to provide services called for by this agreement within the time <br /> specified herein or any extension. thereof; or <br /> i <br /> <br />