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<br /> Fund Exchange Agreement Page 3 <br /> 90/18/00 <br /> all other applicable requirements of federal and state civil rights and <br /> rehabilitation statutes, rules and re ulations. <br /> 9 <br /> H. Agency, or its consultant, shall conduct the necessary preliminary <br /> engineering and design work required to produce final plans, <br /> specifications and cost estimates; purchase all necessary right of way in <br /> accordance with current State .and Federal laws and regulations; obtain <br /> all required permits; be responsible for all utility relocations; advertise for <br /> bid proposals; award all contracts; perform all construction engineering; <br /> and make all contractor payments required to complete the project. <br /> I. Agency shall compile accurate cost accounting records. Agency shall bill <br /> State in a form acceptable to State no more than once a month for costs <br /> incurred on the project. State will reimburse Agency at 100 percent of <br /> the billing amount not to exceed $1,175,417. The cost records and <br /> accounts pertaining to the work covered by this, agreement shall be <br /> retained for inspection by representatives of State for a period of three <br /> years following final payment. Copies shall be made available upon <br /> request. <br /> J. Agency shall, upon completion of project, maintain and operate the <br /> project at its own cost and expense. <br /> K. Agency, its consultants or subcontractors, if any, and all employers <br /> working under this agreement are subject employers under the Oregon <br /> Workers' Compensation Law and shall comply with ORS 656.017 which <br /> requires them to provide workers' compensation coverage for all their <br /> subject workers. <br /> L. This agreement may be terminated by mutual written consent of both <br /> parties. <br /> 1. State may terminate this agreement effective upon delivery of written <br /> notice to Agency, or at such later date as may be established by <br /> State, under any of the following conditions: <br /> a. If Agency fails to provide services called for by this agreement <br /> within the time specified herein or any extension thereof. <br /> b. If Agency fails to perform any of the other provisions of this <br /> agreement, or so fails to pursue the work as to endanger <br /> pertormance of this agreement in accordance with its terms, <br /> <br />