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e <br /> Jndlcins Point Interchange (Glenwood) Improvements <br /> City of Eugene Comm Deve IGA <br /> Page 2 of 4 <br /> CITY AGREES TO: <br /> <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 roadways associated with <br /> PROJECT. CfTY agrees to provide:funding for project costs which are not allowable expenditures per <br /> the Oregon Constitufrori or which exceed COUNTY'S grant amoun#. CITY shall submit a request for <br /> I~ progress payment to COUNTY in a bid format where road fund eligible activities are identified as separate <br /> line items. <br /> I <br /> 2. CITY agrees to complete the construction of the roadways associated with the PROJECT <br /> within 24 months of execution of this agreement unless mutual}y agreed by both parties to extend that . <br /> I completion date. . <br /> 3. CITY shalt comply with all federal, state and bcal laws, regulafrons, executive orcfers 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 /> 4. CITY shall require that the contractor, ifs 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 alt (heirsubject <br /> workers. <br /> 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, Secfion 3a. <br /> 6. CITY agrees to provide COUNTY with detailed documentation of <br /> expenditures in a timely <br /> manner after the project completion. . <br /> 7. CITY agrees that the project roadways are currenf}y within the City of Springfield and the State <br /> of Oregon jurisdiction and that each riespectrve agency wilt be responsible for their maintenance. This <br /> . provision shall survive termination o~ this agreement. <br /> BOTH PARTIES AGREE: <br /> " 1. AIt applicable Urban Transition polices and agreements shall apply to-the improvements <br /> funded pursuant to this agreement. ' <br /> 2. GOUAITY participation in this project shall be limited to the following: <br /> a) Review and approval of signal modifications and roadway connections if applicable; <br /> b) Review project plans and spermcations for determination of road fund eligibility; " <br /> c) Review and approval of project bid format to ensure road fund eligible activities are <br /> identified as separate line items; . <br /> d) Review and approval of landscaping costs"- fiot to exceed 6°~ of County allocation; <br /> e) Review and approval bf final project accounting for road fund eligtble activities. <br /> 3. The Perm of this agreement is 24 months commenc'ing_on the date (°Effective Date") on which <br /> this Agreement has been duty executed and all required approvals. have been obtained. <br /> 4. COUNTY may, at anytime, upon 30 days prior written notice of default to the CITY, terminafe <br /> this Agreement for any or no reason including but not limited to the following conditions: <br /> a) The design, permitting, or constnaction of the Project is not pursued with due diligence; or <br /> Exhibit B <br /> page ~ of 7 <br /> <br />