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• City of Eugene <br /> Broadway Street Reopening/CaPP • <br /> Page 2 <br /> 2. CITY agrees to complete the Broadway Street project within 12 months of execution of • . <br /> this agreement unless mutually agreed by both parties to extend that completion date. , <br /> ~f 3. CITY shall comply with all federal, state and local laws, regulations, executive orders <br /> and ordinances applicable to this Agreement. The COUNTY'S performance under. this . <br /> Agreement is conditioned upon the CITY'S compliance with the provisions of ORS 279.312, <br /> 279.314, 279.316, 279.320 and 279.555, which are incorporated by reference herein. <br /> 4. CITY shall require that the contractor, its subcontractors, if any, and all employers <br /> performing work on the Project are subject employers under the Oregon workers compensation <br /> law and shall comply with ORS 656.017, which requires them to provide workers' compensation <br /> coverage for all their subject workers. <br /> 5. CITY agrees to refund COUNTY all unexpended grant funds remaining at the <br /> completion of the project. CITY also agrees to refund any amounts expended on items <br /> determined by COUNTY to be ineligible Road Fund expenditures as defined by the Oregon <br /> Constitution, Article 1X, Section 3a. <br /> j 6. CITY agrees to' provide COUNTY with defa7ed documentation of expenditures within <br /> 90 days of project completion. <br /> 7. CITY agrees that'the project roadways will be CITY streets within the CITY'S Urban <br /> Growth Boundary and that CITY will be responsible for their maintenance. • <br /> <br /> j <br /> BOTH PARTIES AGREE: <br /> 1. The portion of Broadway reconstructed by the Project shall be included within.the <br /> III • <br /> . CITY'S roadway m7eage for purposes of all applicable, Urban:l'ransition policies and agreements.: , <br /> • ~ ~ ~ <br /> 2. COUNTY participation in this project shall be limited to review of plans, specifications, <br /> bid recap and final project. accounting for determination of road. fund eligible activities and <br /> . ~ conformance with 6%.landscaping cap. . <br /> 3. The term of this.agreement is 12 months commencing on the date ("Effective Date'°) <br /> on which this Agreement has been duly executed and aJl required approvals have been obtained. <br /> 4. COUNTY may, at any time, upon 30 days prior written notice of default to the CITY, <br /> terminate this Agreement under any of the following conditions: <br /> a) The design, permitting, or construction of the Project is not pursued with due • <br /> diligence; or • <br /> b) CITY fails to correct or obtain remediation. for any construction which. is not done <br /> in a,good and workmanlike manner, or <br /> • c} CITY substantially fails to provide services called for by this agreement within the <br /> time specified herein or any extension thereof; or <br /> d) CITY fails to perform any of the provisions of this agreement, or so fails to pursue <br /> the work as to endanger performance of this agreement in accordance with its . <br /> terms, and after receipt of written notice from COUNTY fails to correct such <br /> failures within 10 days or such longer period as COUNTY may authorize; or <br /> _ e} COUNTY fails to receive funding, appropriations, .limitations or other expenditure <br /> authority at levels sufficient to pay for the work provided in this agreement; or <br /> f) !f Federal, state, or local laws, regulations or guidelines are modified or <br /> interpreted in such a way that either the work under this agreement is prohibited <br /> or COUNTY is prohibited from paying for such work from the planned funding <br /> source. <br /> <br />