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Agency /State <br /> Agreement No. 26219 <br /> o Replacement and /or disposal expectations <br /> • Pay for design enhancement construction costs as depicted in State's <br /> final WRB - Bundle 220 design enhancement plans, specifications, <br /> and estimates. <br /> Construction costs will covered by utilizing Statewide Transportation <br /> Improvement Program (STIP), federal -aid funding approved for Key <br /> No. 14259, and Transportation Enhancement funds approved for WRB <br /> • State will not proceed with construction of design enhancements <br /> unless this Agreement has been amended to include negotiated areas <br /> of responsibilities. <br /> • No operational, long term care, maintenance, replacement and <br /> disposal obligations for design enhancements placed below deck of 1 -5 <br /> bridges with State's right of way or in Agency's portion of WAN. <br /> • Provide local jurisdiction that takes on full responsibility for design <br /> enhancement(s) with a one time lump sum payment to offset long term <br /> care and maintenance costs <br /> 3. NTE amount for a one time lump sum payment for design enhancement <br /> maintenance will be determined by the Parties during negotiations. State limits <br /> its total financial obligation for its one time payment to the Agency for <br /> maintaining accepted design enhancements to a NTE of $120,000, 10% of the <br /> collective design enhancement budget NTE of $1,200,000.00 for design <br /> enhancements that may be placed within State's right of way and jurisdictions of <br /> Agency and City of Eugene Oregon. <br /> Total State NTE budget for the procurement, construction and maintenance of <br /> design enhancements will not exceed a collective value of $1,200,000.00. <br /> E. GENERAL PROVISIONS <br /> 1. Indemnification: <br /> a. State shall indemnify Agency, its officers and employees, against all <br /> liabilities, damages, losses, claims, demands, actions, costs and <br /> expenses resulting from or arising out of the activities of State or its <br /> officers, employees or direct agents under or pursuant to this <br /> Agreement, subject to and limited by the provisions of Article XI, <br /> Section 7 of the Oregon Constitution and the limits of the Oregon Tort <br /> Claims Act, ORS 30.260 through 30.300, and provided that State shall <br /> not be required to indemnify City, its officers or employees for any such <br /> Key 14259 Page 11 of 17 <br />