Common use of Phase I Work Clause in Contracts

Phase I Work. (a) The County shall meet the Phase I Benchmarks pursuant to Section 11 below, on or before the Phase I Completion Date (as it may be extended by the State, in its reasonable discretion). (b) The County shall use all commercially reasonable efforts to meet the Phase I Benchmarks on or before the Phase I Completion Date. (c) The County shall design the Project in accordance with Oregon law and for the purposes described in the Act and this Agreement, including but not limited to the following: (i) in accordance with OAR 330-135-0010 through 330-135-0055, pertaining to expenditures for solar technology, as applicable to the Project. The County shall provide OJD with copies of all reports required by OAR 330-135-0055 as applicable to the Project and as required by the Oregon Department of Energy; and (ii) all statutes and administrative rules relating to Public Works, if the Project is a Public Work as defined in ORS 279C.800. (d) The County shall contract with competent, properly licensed and bonded professionals for all Phase I Work. (e) The County shall be responsible for organizing, advertising and obtaining bids for all aspects of the Phase I Work in accordance with applicable sections of Oregon Revised Statutes Chapters 279A, 279B, and 279C, other applicable law and local contracting (f) The County shall be responsible for awarding and managing all contracts and property acquisitions necessary to complete the Phase I Work in accordance with the Project Application and the Initial Plans. (g) All subagreements that the County may enter into which are funded wholly or in part with Phase I Project Financing shall be subcontractual in nature, with the other party engaged in the role of a contractor. The County shall actively administer all subcontracts with contractors to ensure that the terms of the subcontract are consistent with the terms of this Agreement to ensure compliance with the terms of the subcontract, and to ensure (h) The Phase I Work shall be performed in compliance with all applicable federal, state and local laws and ordinances. (i) Neither execution of this Agreement nor approval of the Project Plans and Specifications by OJD or DAS shall be construed as a representation or warranty by the State that the Project Plans and Specifications are adequate. (j) The State and its employees, agents and representatives, and the State Project Monitor, shall have access to the Project Parcel and Project documentation and records at all reasonable times throughout the term of this Agreement, and as otherwise required under this Agreement, to inspect the work, operation and accounting records related to the Project. (k) The County shall refer to OJD any credible evidence that a principal, employee, agent, contractor, subcontractor or other person has submitted a false claim under the False Claims Act, ORS180.750 to 180.785, or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving the Phase I Project Financing. (l) During the term of this Agreement, the County shall, promptly upon request, deliver to the State Project Monitor any requested information relating to the Phase I Work, in sufficient detail to enable the State Project Monitor to determine whether the Phase I Work is proceeding in a timely fashion. (m) The County shall pay when due all claims for work performed on the Phase I Work by or through County for services rendered or materials furnished to the Project, and shall keep the Project Parcel free from any liens arising by or through the County. If any such lien shall at any time be filed against the Project Parcel, or any portion thereof, the County shall cause the same to be discharged of record or bonded off, as permitted by statute, within thirty (30) days after the County’s receipt of written notice of same. (n) The Project will not be enrolled in the State Energy Efficiency Design (SEED) program.

Phase I Work. (a) The County shall meet the Phase I Benchmarks pursuant to Section 11 below, on or before the Phase I Completion Date (as it may be extended by the State, in its reasonable discretion). (b) The County shall use all commercially reasonable efforts to meet the Phase I Benchmarks on or before the Phase I Completion Date. (c) The County shall design the Project in accordance with Oregon law and for the purposes described in the Act and this Agreement, including but not limited to the following: (i) in accordance with OAR 330-135-0010 through 330-135-0055, pertaining to expenditures for solar technology, as applicable to the Project. The County shall provide OJD with copies of all reports required by OAR 330-135-0055 as applicable to the Project and as required by the Oregon Department of Energy; and (ii) all statutes and administrative rules relating to Public Works, if the Project is a Public Work as defined in ORS 279C.800. (d) The County shall contract with competent, properly licensed and bonded professionals for all Phase I Work. (e) The County shall be responsible for organizing, advertising and obtaining bids for all aspects of the Phase I Work in accordance with applicable sections of Oregon Revised Statutes Chapters 279A, 279B, and 279C, other applicable law and local contracting (f) The County shall be responsible for awarding and managing all contracts and property acquisitions necessary to complete the Phase I Work in accordance with the Project Application and the Initial Plans. (g) All subagreements that the County may enter into which are funded wholly or in part with Phase I Project Financing shall be subcontractual in nature, with the other party engaged in the role of a contractor. The County shall actively administer all subcontracts with contractors to ensure that the terms of the subcontract are consistent with the terms of this Agreement to ensure compliance with the terms of the subcontract, and to ensureensure the contractor’s support for the intended purposes of this Agreement and the Act. (h) The Phase I Work shall be performed in compliance with all applicable federal, state and local laws and ordinances. (i) Neither execution of this Agreement nor approval of the Project Plans and Specifications by OJD or DAS shall be construed as a representation or warranty by the State that the Project Plans and Specifications are adequate. (j) The State and its employees, agents and representatives, and the State Project Monitor, shall have access to the Project Parcel and Project documentation and records at all reasonable times throughout the term of this Agreement, and as otherwise required under this Agreement, to inspect the work, operation and accounting records related to the Project. (k) The County shall refer to OJD any credible evidence that a principal, employee, agent, contractor, subcontractor or other person has submitted a false claim under the False Claims Act, ORS180.750 to 180.785, or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving the Phase I Project Financing. (l) During the term of this Agreement, the County shall, promptly upon request, deliver to the State Project Monitor any requested information relating to the Phase I Work, in sufficient detail to enable the State Project Monitor to determine whether the Phase I Work is proceeding in a timely fashion. (m) The County shall pay when due all claims for work performed on the Phase I Work by or through County for services rendered or materials furnished to the Project, and shall keep the Project Parcel free from any liens arising by or through the County. If any such lien shall at any time be filed against the Project Parcel, or any portion thereof, the County shall cause the same to be discharged of record or bonded off, as permitted by statute, within thirty (30) days after the County’s receipt of written notice of same. (n) The Project will not be enrolled in the State Energy Efficiency Design (SEED) program.