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City of Eugene /State of Oregon -Dept. of Transportation <br /> Agreement No. 25302 <br /> 10. State may make available Region 2's On-Call PE, Design and Construction <br /> Engineering Services consultant for Local Agency Projects upon written request. If <br /> City chooses to use said services, it agrees to manage the work done by the <br /> consultant and make funds available to the State for payment of those services. All <br /> eligible work shall be a federally participating cost and included as part of the total <br /> cost of the Project. <br /> 11.The federal funding for this Project is contingent upon approval by the Federal <br /> Highway Administration (FHWA). Any work perfiormed prior to acceptance by FHWA <br /> will be considered non-participating and paid for at City's expense. State's Regional <br /> Local Agency Liaison, or designee, will provide City with a written notice to proceed <br /> when FHWA approval has been secured and funds are available for expenditure on <br /> this Project. The Catalog of Federal Domestic Assistance (CFDA) title and number <br /> for this Project is Highway Planning and Construction - 20.205. <br /> 12. State considers City asub-recipient of the federal funds under this Agreement. <br /> 13. The term of this Agreement shall begin on the date all required signatures are <br /> obtained and shall terminate upon completion of the Project and final payment, or <br /> ten (10) calendar years following the date all required signatures are obtained, <br /> whichever is sooner. The Parties agree that this Agreement shall terminate if the <br /> Enhancement funds for this Project are not obligated for construction on or before <br /> June 30, 2010. Upon termination of this Agreement, State may reassign any TE <br /> funds not yet obligated for the Project and shall have no obligation to fund any <br /> remaining phases of work through the Enhancement program. <br /> 14. Local Agency Certification Program Agreement No. 24651 was fully executed on <br /> January 28, 2008. This Agreement is subject to the terms and provisions of the <br /> Local Agency Certification Program Agreement. <br /> 15.This Agreement shall supersede and replace Agreement No. 23423 and its <br /> amendments in its entirety. Agreement No. 23423 is terminated upon execution of <br /> this Agreement. Bills for preliminary engineering work incurred prior to the <br /> replacement of Agreement No. 23423 can be invoiced by City and paid for by State <br /> under this Agreement. <br /> 16. Right of way for this Project will be addressed in the Right of Way Services <br /> Agreement No. 25384. <br /> 17. This Agreement may be terminated by mutual written consent of both Parties. <br /> <br /> 18.If City fails to meet the requirements of this Agreement or the underlying federal <br /> regulations, State may withhold the City's proportional share of Highway Fund <br /> distribution necessary to reimburse State for costs incurred by such City breach. <br /> Page 3 of 7 <br /> <br />