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(A) The City will be responsible for managing the project, including but not limited to <br /> selecting the contractor in compliance with all contracting .laws and rules applicable to <br /> City projects, executing a contract with the selected contractor, overseeing the work, <br /> paying the contractor and assuring that the work is completed according to the project <br /> plans. The design for the flow control device shall generally follow the proposed <br /> improvements described in the Mill Race Study. <br /> (B) The University shall cooperate in the project by allowing access to the project area <br /> and shall have the right to approve the flow control device's design. The University <br /> shall be responsible for ensuring that the device's design complies with any permits <br /> held by the University related to the Mill Race pond and any state and federal laws <br /> and regulations governing the University's use of the -Mill Race pond. The City and <br /> University will jointiy make the determination that the Contractor's work is in <br /> accordance with the plans and specifications and, if so, accept the work.' After the <br /> .contractor's work is accepted, the University shall reimburse the City for one-half <br /> (50%) of the project's actual construction costs, not to exceed $25,000. <br /> (C) After completion of the project, the University will take ownership of the flow control <br /> device improvements and. be responsible for operation and maintenance of the device <br /> so as to avoid the flooding problems identified in the Mill Race Study. <br /> 2. Time for; Completion. The parties shall begin performance upon execution of this <br /> Agreement, and shall complete performance prior to December 31, 2007. <br /> 3. Termination. The parties may terminate this Agreement upon written agreement. <br /> 4. Contract Administration. Each party designates the following as its representative for <br /> purposes of administering this Agreement: <br /> Agency: Alan Smith <br /> University of Oregon <br /> Facilities Services <br /> 1276 University of Oregon <br /> Eugene, OR 97403-1276 <br /> City: Jenifer Willer <br /> City of Eugene <br /> Public Works -Engineering <br /> 244 East Broadway <br /> Eugene, OR 97401 <br /> Either party may change its designated representative bygiving written notice to the other <br /> as provided in paragraph 9. <br /> <br /> 5. Records/Inspection. The City and the University shall each maintain records of its costs <br /> .and expenses under this Agreement for a period of not less than three full fiscal years <br /> following completion of this Agreement. Upon reasonable advance notice, either party or <br /> its authorized representatives may from time to time inspect, audit.and make copies of the <br /> other party's records. <br /> <br />