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Cite of Eugene Contract#: 2005-00213 <br /> Document No. 11049 <br /> Intergovernmental Agreement <br /> Adjustment of EWEB Facilities on City of Eugene Construction Projects O <br /> THIS INTERGOVERNMENTAL AGREEMENT, hereinafter referred to as "Agreement' is made and <br /> entered into by and between the Eugene Water & Electric Board hereinafter referred to as "EWEB," <br /> and the City of Eugene hereinafter referred to as "City." The City and EW EB are herein referred to <br /> jointly as the "Parties." <br /> RECITALS <br /> By the authority granted in ,ORS 190.010, which allows governmental bodies to enter into <br /> agreements for the performance of any or all functions and activities that the Parties to the <br /> Agreement, their officers or a ents have the authori to erform. <br /> g tY p <br /> WHEREAS,. the City is performing work in City right-of-way on a continuous basis, and; <br /> WHEREAS, EWEB has facilities located in such right-of-way that must be adjusted because of <br /> City's work, and; <br /> WHEREAS, City can include the adjustment of those facilities in their construction contracted work, <br /> if requested by EWEB; <br /> NOW THEREFORE, the Parties have agreed to accomplish that work as follows: <br /> TERMS OF AGREEMENT <br /> The term of this agreement shall begin upon its execution and continue until terminated in <br /> accordance with the Termination of Agreement clause. <br /> AGREEMENT PROVISIONS <br /> City and EWEB Obligations: Both parties agree that they will honor the obligations as listed in <br /> appendix A and Specifications Section 02668, attached. Obligations may be changed, added or <br /> <br /> .deleted upon written agreemerit of both parties. <br /> No Third Party Beneficiaries: EWEB and City are the only parties to this agreement and are the <br /> only parties entitled to enforce its terms. Nothing in this agreement gives or provides any benefit or <br /> right, whether directly, indirectly, or otherwise, to third persons unless such third persons are <br /> individually identified byname in this agreement and expressly described as intended beneficiaries. <br /> Ownership of Work: The Parties agree that the valve boxes and the infrastructure to which <br /> they connect are the property of EWEB. Nothing herein shall be construed as transferring any <br /> ownership or right of EWEB property to City or City's Contractor. <br /> Compliance with Applicable Law: The Parties agree to comply with all federal, state, and local <br /> laws applicable to the work under this agreement, and all regulations and administrative rules <br /> established pursuant to those laws. The City agrees that it will require its contractor to perform all <br /> work according to all laws, rules, and local regulations and code. <br /> City's Contractor: The City agrees to the following: <br /> 1. The City will obtain certificates of insurance from their contractor that names EWEB as <br /> additionally insured. Insurance limits shall be the same as those required by the City. <br /> 2. The City agrees to obtain aPerformance/Payment Bond in the sum of 100% of the project <br /> _ _ <br /> <br />