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PARTIES COOPERATIVE AGREEMENT PROJECT NO. A018(771) 9 ADA RAMPS, MOSCOW LATAH COUNTY KEY NO. 18771 . This Agreement is made and entered into this /4 Clay of /)0f_S , by an.cl between the IDAHO TRANSPORTATION BOARD b and through the IDAHO TRANSPORTATION DEPARTMENT, hereafter called the State, and the CITY OF MOSCOW, hereafter called the City. PURPOSE The City of Moscow wishes to upgrade the following curb ramps on US95 within the City limits. Ramp ID Cross Street Corner/Side D2_07702 500-524 W 3rd St D2_08268 Taylor Ave NW NW D2_08269 Taylor Ave SW SW D2_08272 Lathan Street NW NW D2 08273 Lathan Street SW SW D2_08250 Palouse River Dr SE SE D2 08251 Palouse River Dr NE NE D2_08274 Palouse River Dr NW NW D2_08275 Palouse River Dr SW SW The State has agreed to participate in the cost of this work. This Agreement will provide for the responsibilities of the parties in this project. Authority for this Agreement is established by Section 40-317 of the Idaho Code. It is mutually agreed and understood by the Parties that: SECTION I That the State will: 1. Upon execution of this Agreement and receipt of a written request from the City, pay to the City the amount of Fifty-Nine Thousand Nine Hundred Fifty Dollars ($59,950) to be used for Americans with Disabilities Act (ADA) curb improvements as identified above. The amount paid under this agreement is a lump sum payment. No additional funds will be paid for this work. Cooperative Agreement City of Moscow KeyNo. 18771 ---PAGE BREAK--- 2. At its discretion, perform an inspection of the work upon notification from the City of completion of the work. 3. At its discretion, audit the project records to ensure the funds paid to the City were utilized as intended by this Agreement. SECTION II That the City will: 1. Provide for design and construction of the improvements as identified above. 2. Design and construct the project to State Standards as defined in the current version of the Idaho Transportation Department's Design Manual, or as subsequently revised. The current version of the Design Manual can be viewed at the following web site: http://itd.idaho .gov/manuals/ManualsOnline.htm . 3. Provide all funding necessary for the work over and above the funds paid by the State under Section I, Paragraph 1 above. 4. Upon completion of the work: a. Notify the State and provide the opportunity for inspection of the completed project by the State; and b. Complete and submit an ITD-0288 (ADA Ramp Inspection) form for each ramp constructed. The form(s) can be either mailed to the Division of Transportation Performance, PO Box 7129, Boise, ID 83707-1129, or sent to the following e-mail address: [EMAIL REDACTED]. 5. Maintain all project records, including source documentation for all expenditures, for a period of three years from the date of final acceptance. If any litigation, claim, negotiation, or audit has been started before expiration of the three-year period, the records shall be retained until completion of the action and resolution of all issues that arise from it. 6. Refund to the State the amount paid under this Agreement ifthe project is terminated prior to completion or ifthe project is not completed by December 31, 2016. 7. Indemnify, save harmless and defend regardless of outcome the State from expenses of and against suits, actions, claims, or losses of every kind, nature and description, including costs, expenses and attorney fees that may be incurred by reason of any negligent act or omission of the City in the construction and maintenance of the work. Cooperative Agreement City of Moscow KeyNo. 18771 ---PAGE BREAK--- GENERAL: 1. This Agreement shall become effective on the date the parties entered into this Agreement, and shall remain in full force and effect until amended or replaced upon the mutual written consent of both parties. EXECUTION This Agreement is executed for the State by its Engineering Services Division Administrator, and executed for the City by the Mayor, attested to by the City Clerk, with the imprinted corporate seal of the City of Moscow. ATTEST: hm:18771 ADA Coop.docx IDAHO TRANSPORTATION DEPARTMENT Engineering Services Division Administrator CITY OF MOSCOW -3 - Cooperative Agreement City of Moscow Key No. 18771 ---PAGE BREAK--- RESOLUTION NO. 2015 - 06 A RESOLUTION OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, TO ENTER INTO A COOPERATIVE AGREEMENT FOR INSTALLATION OF ADA IMPROVEMENTS ON US95 WITHIN MOSCOW, IDAHO CITY LIMITS; PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL A CCORDING TO LAW. WHEREAS, the Idaho Transpo1tation Department (hereinafter referred to as ' STA TE"), has submitted an Agreement stating obligations of STATE and City of Moscow, Idaho (hereinafter referred to as "CITY"), for ADA improvements on US95; and WHEREAS, ST ATE is responsible for obtaining compliance with laws, standards and procedm-al policies in the development, construction and maintenance of improvements made to the Federal-aid Highway System; and WHEREAS, CITY and STATE are providing funds for this project; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow, Idaho as follows: 1. That the Cooperative Agreement to construct ADA improvements on US95 within city limits is hereby approved. 2. That the Mayor and the 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 Mayor of the City of Moscow, Idaho, this 6th day of April, 2015. ill Lambert, Mayor RESOLUTION 2015- 06 ADA IMPROVEMENTS FOR US95 /ITO APRIL 6, 2015 PAGE l OF I