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Misc. Contracts and Agreements <br />No. 27203 <br />WALKWAY/BIKEWAY PROJECT AGREEMENT <br />2012-2013 Pedestrian and Bicycle Program Grant <br />University District Streetscape Improvements Project <br />THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, <br />acting by and through its. Department of Transportation, hereinafter referred to as "State"; <br />and the CITY OF EUGENE, acting by and through its elected officials, hereinafter referred <br />to as "Agency," individually referred to as the "Party" and collectively referred to as the <br />"Parties". <br />RECITALS <br />Alder Street and 13th Avenue are parts of the street system under jurisdiction and <br />control of Agency. <br />2. By the authority granted in Oregon Revised Statute (ORS) 366.514, funds received <br />from the State Highway Trust Fund are to be expended by the State and the various <br />counties and cities for the establishment of footpaths and bicycle trails. For purposes <br />of 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 street <br />purposes when constructed within the public right of way. <br />3. By the authority granted in ORS 190.110, 366.572 and 366.576, State may enter into <br />cooperative agreements with counties, cities and units of.local governments for the <br />performance of work on certain types of improvement projects with the allocation of <br />costs on terms and conditions mutually agreeable to the contracting parties. <br />4. State established a Pedestrian and Bicycle Program fund in the Statewide <br />Transportation Improvement Program (STIP) to meet the minimum requirement of 1 <br />(one) percent of State Highway funds to be spent on Pedestrian and Bicycle facilities. <br />The 2010-13 STIP programs $24.58 million for the Pedestrian and Bicycle Program, <br />allocated to three (3) programs: Grants, Sidewalk Improvement Programs and Quick <br />Fixes. <br />NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is <br />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 wider <br />sidewalks on the north side of 13th Avenue and on the east side of Alder Street; <br />reconfigure parking on both streets; and construct, on both streets, on-street bikeways <br />that function in both directions for bicycles, while the streets function as one way for <br />motor vehicles, hereinafter referred to as "Project." The location of the Project is <br />