aew.~ _ , . <br /> . <br /> Misc. Contracts: and Agreements <br /> No. 25338 <br /> City of Eugene Contract #2009-00'240 <br /> 1NALKWAY/BIKEWAY PROJECT AGREEMENT <br /> 2010-2011 Pedestrian and Bicycle Program Grant. <br /> Bailey HIII Road Pedestrian Safety Improvements <br /> THIS AGREEMENT is made and entered into by and between the STATE OF <br /> OREGON, acting by and through its Department of Transportation, hereinafter <br /> referred to as "State"; and City of Eugene, acting by and through its elected <br /> officials, hereinafter referred to as "Agency." <br /> RECITALS <br /> 1. Bailey Hill Road is a part of the street system under the jurisdiction and <br /> control of the City of EUGENE. <br /> 2. By the. authority granted in ORS 366.514, funds received from the State <br /> Highway Trust Fund are to be expended. by the State and the various counties <br /> and cities for the establishment of footpaths and bicycle trails. For purposes of <br /> .Article IX, Section 3(a) of the Oregon Constitution, the establishment and <br /> maintenance of such footpaths and bicycle trails are for highway, road, and <br /> street purposes when constructed within. the right of way. <br /> 3. By the authority granted in ORS 190.110, 366..572 and 366,576, State -may <br /> enter into cooperative agreements with counties, cities and units of local <br /> governments far the performance of work on certain types of improvement <br /> projects with the allocation of costs on terms and conditions mutually agreeable <br /> to the contracting parties. ' <br /> NOW THEREFORE, the premises being in general as stated in the oregomg <br /> recitals, it is agreed by and between the parties hereto as follows: <br /> TERMS OF AGREEMENT <br /> 1. Under such authority, State and. Agency agree to design and construct median <br /> ' islands with landscaping and crossing cut-throughs on Bailey Hill Road from <br /> <br /> ' Warren Street to 18t" Avenue, hereinafter referred to as "Project." The location <br /> of the Project is approximately as shown on the-sketeh-map-attached hereto, <br /> marked "Exhibit A," and by this reference made a part hereof. <br /> 2. Agency has determined that the actual total cost of the Project is estimated to <br /> be $378,OOQ,00. State shall fund the Project in an amount not to exceed <br /> <br />