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<br /> i <br /> Fund Exchange Agreement Page 3 <br /> 03/17/03 <br /> other applicable requirements of federal and state civil rights and rehabilitation <br /> statutes, rules and regulations. <br /> H. Agency, or its consultant, shall conduct the necessary preliminary engineering <br /> and design work required to produce final plans, specifications and cost <br /> estimates; purchase all necessary right of way in accordance with current State <br /> and Federal laws and regulations; obtain all required permits; be responsible for <br /> all utility relocations; advertise for bid proposals; award all contracts; perform all <br /> construction engineering; and make all contractor payments required to <br /> complete the project. <br /> I. Agency shall compile accurate cost accounting records. Agency shall bill State <br /> in a form acceptable to State no more than once a month for costs incurred on <br /> the project. State will reimburse Agency at 100 percent of the billing amount not <br /> . to exceed $1,175,417. The cost records and accounts pertaining to the work <br /> covered by this agreement shall be retained for inspection by representatives of <br /> State for a period of three years following final payment. Copies shall be made <br /> available upon request. <br /> J. Agency shall, upon completion of project, maintain and operate the project at its <br /> own cost and expense. <br /> K. 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 <br /> the required Workers' Compensation coverage unless such employers are <br /> exempt under ORS 656.126. City shall ensure that each of its subcontractors <br /> complies with these requirements. <br /> L. This agreement may be terminated by mutual written consent of both parties. <br /> 1. State may terminate this agreement effective upon delivery of written notice <br /> to Agency, or at such later date as may be established by State, under any of <br /> the following conditions: . <br /> a. If Agency fails to provide services called. for by this agreement within the <br /> time specified herein or any extension thereof. <br /> b. If Agency fails to perform any of 'the other provisions of this agreement, <br /> or so fails to pursue the work as to endanger performance of this <br /> agreement in accordance with. its terms, and after receipt of written notice <br /> from State fails to correct such failures within 10 days or such longer <br /> - period as State may. authorize. <br /> <br />