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PARTIES COOPERATIVE AGREEMENT INT. US-95 AND NELSON A VENUE CITY OF MOSCOW THIS AGREEMENT is made and entered into this 'f-4 day of !l UA k , by and between the Idaho Transportation Department, hereafter called the State, and the City of Moscow, hereafter called the City. PURPOSE The City of Moscow wishes to improve the intersection of Nelson A venue and US-95 within City limits. The project will be designed to meet State standards and the State will participate in the funding of the project. This Agreement will set out the responsibilities of the parties regarding this matter. Authority for this Agreement is established by Section 40-317 of the Idaho Code. The Parties agree as follows: SECTION I That the City will: 1. Be responsible for funding, design and construction of the Nelson A venue/US-95 intersection improvements. 2. Provide a copy of the final design plans to the State for review and approval. 3. Notify the State upon completion of construction and provide the opportunity for the State to inspect the work. 4. Accept all maintenance responsibilities for the completed work. SECTION II That the State will: 1. Contribute a lump sum amount of Seven Thousand Five Hundred Dollars ($7,500.00) to the cost of the project. No additional funds will be paid by the State for this work. Funds will be paid to the City upon execution of this Agreement or by October 18, 2010, whichever occurs later. 2. Review and approve the final design plans. 3. Reserve the right to inspect the project upon completion. Cooperative Agreement Int. Nelson Avenue and US-95 City of Moscow Page I ---PAGE BREAK--- · ' . SECTION III General: 1. This Agreement shall become effective on the first date mentioned above and shall remain in full force and effect until amended or replaced upon the mutual consent of the State and the City. 2. Sufficient Appropriation. It is understood and agreed that the State is a governmental agency, and this Agreement shall in no way be construed so as to bind or obligate the State beyond the term of any particular appropriation of funds by the Federal Government or the State Legislature as may exist from time to time. The State reserves the right to terminate this Agreement if, in its sole judgment, the Federal Government or the legislature of the State of Idaho fails, neglects or refuses to appropriate sufficient funds as may be required for the State to continue payments. Any such termination shall take effect immediately upon notice and be otherwise effective as provided in this Agreement. EXECUTION This Agreement is executed for the State by its Assistant Chief Engineer (Development); and executed for City by the Mayor, attested to by the City Clerk, with the imprinted corporate seal of the City of Moscow. APPROVED AS TO FORM: hm:US95_Nelson Moscow Coop.docx IDAHO TRANSPORTATION DEPARTMENT APPROVED Assistant Chief Engineer (Development) RECOMMENDED BY: Cooperative Agreement Int. Nelson Avenue and US-95 City of Moscow Page2 ---PAGE BREAK--- RESOLUTION NO. 2010- 19 A RESOLUTION OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AGREEING TO COOPERATE WITH THE IDAHO TRANSPORTATION DEPARTMENT ON THE INTERSECTION OF US-95 AND NELSON A VENUE PROJECT; PROVIDING THAT THIS RESOLUTION TO BE EFFECTIVE UPON ITS PAS SAGE AND APPROVAL. WHEREAS, Idaho Transportation Department (hereinafter referred to as "STATE") has submitted an Agreement stating obligations of the STATE and City of Moscow, Idaho (hereinafter referred to as "CITY") for development and construction of the intersection of Nelson Avenue and US-95 within City limits (the "PROJECT"); and WHEREAS, certain functions to be performed by the STATE on the PROJECT involve the expenditure of funds as set forth in the Agreement; and WHEREAS, Moscow City Council supports the PROJECT; and WHEREAS, the CITY is fully responsible for its share of PROJECT costs; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow, Idaho as follows: 1. That the Agreement for development and construction of the intersection of Nelson Avenue and US-95 is hereby approved. 2. That the Mayor and City Clerk are hereby authorized to execute the Agreement on behalf of the CITY. 3. That duly certified copies of this Resolution shall be furnished to the Idaho Transportation Department. PASSED AND APPROVED by the City Council of the City of Moscow, Idaho, this 18th day of October, 2010. 20 I 0-19 NELSON AVENUE COOPI'.HATIVE AGREEMENT/IDAHO TRANSPORtATION DEPARTMENT PAGE I 01' I ---PAGE BREAK--- IDAHO TRANSPORTATION DEPARTMENT P.O. Box 837 Lewiston, ID 83501-0837 November 18, 2010 The Honorable Nancy Chaney Mayor of Moscow P.O. Box 9203 Moscow, ID 83843 RE: Cooperative Agreement Int. Nelson Avenue and US-95 City of Moscow Dear Mayor Chaney: Enclosed is an original signed copy of the State/Local Agreement between the City of Moscow and the Idaho Transportation Department for the above-referenced project. If you have any questions, please contact Ken Helm or me at (208) 799-5090. Sincerely, District Project Development Engineer CJA:DJF:ss/ 10-0715/ Z \ADMIN\OM\WRDFILES,ADM\City Moscow coop agrmt docx Enclosure (208) 799-5090 itd.idaho.gov