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Agency City of Eugene/ODOT <br /> Agreement No. 21639 <br /> 12. Agency shall perform the obligations under this Agreement as an independent <br /> contractor and shall be solely responsible for all phases of work, as well as all costs <br /> and expenses related to such work related to Agency Project. <br /> <br /> i <br /> 13.A11 employers, including Agency, that employ subject workers who work under this <br /> Agreement in the State of Oregon shall comply with ORS 656.017 and provide the <br /> required Workers' Compensation coverage unless such employers are exempt <br /> under ORS 656.126. Agency shall ensure that each of its subcontractors complies <br /> with these requirements. <br /> 14. Agency certifies, at the time this Agreement is executed, that sufficient funds are <br /> available and authorized for expenditure to finance costs of Agency's portion, if any, <br /> of the Agency Project costs as identified in this Agreement, within Agency's current <br /> appropriation or limitation of the current budget. If the project continues into a future <br /> financial or biennial period, the completion is contingent upon compliance with the <br /> constitutional debt limitations of counties charter debt limitation of cities and <br /> counties, and is subject to funds being appropriated therefor. In the event sufficient <br /> funds are not appropriated by Agency to complete Agency Project, then ODOT may <br /> exercise its ability to terminate the Agreement, and Agency shall either refund all <br /> Grant funds and investment earnings with 90 days or ODOT will withhold Agency's <br /> proportional gas tax share until such amount has been reimbursed. <br /> 15.Agency shall study alternatives to bridge replacement, such as use of culverts when <br /> a bridge being replaced spans a canal or ditch. Such alternatives shall be <br /> considered prior to the final decision of the design alternative for the replacement of <br /> such bridge. <br /> GENERAL PROVISIONS <br /> 1. This agreement may be terminated by mutual consent of both parties. <br /> 2. Any termination of this agreement shall not prejudice any rights or obligations <br /> accrued to the parties prior to termination. <br /> 3. ODOT may terminate this Agreement effective upon delivery of written notice to <br /> Agency, or at such later date as may be established by ODOT, under any of the <br /> following conditions: <br /> a. If Agency fails to perform any of the provisions of this Agreement or so fails to <br /> pursue the work as to endanger performance of this Agreement in accordance <br /> with its terms, and after receipt of written notice from ODOT fails to correct such <br /> .failures within 30 days or such longer period as ODOT may authorize. <br /> b. If ODOT fails to sell bonds, receive sufficient proceeds from bond sales to pay <br /> for the local agency bridge projects identified at the OTC March 3, 2004 meeting, <br /> 2003 OTIA Program IGA page 6 of 9 <br /> _ _ <br /> <br />