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COOPERATIVE AGREEMENT PROJECT NO. A013(453) 13 ADA RAMPS, MOSCOW LATAH COUNTY KEY NO. 13453 PARTIES This Agreement is made and entered into this d3 y of / J , by and between the IDAHO TRANSPORTATION BOARD by 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 along SH8 and US95 within the City limits. UID# LOCATION D2 08085 Washington (US-95 & 1st (SE) D2 08086 Washington (US-95 & 1st (NE) D2 08090 Main St. (US-95 & C St. (SE) D2 07674 SH-8 Entrance to Hastings (NW) D2 07675 SH-8 Entrance to Hastings (NE) D2 07676 SH-8 Entrance to Palouse Mall (NW) D2 07677 SH-8 Entrance to Palouse Mall (NE) D2 07678 SH-8 Entrance to Big 5 (NW) D2 07679 SH-8 Entrance to Big 5 (NE) D2 08114 US-95 N Entrance to Redinger Heating (NW) D2 08115 US-95 N Entrance to Redinger Heating (SW) D2 08116 US-95 N Entrance to Carpet Mill (NW) D2 08117 US-95 N Entrance to Carpet Mill (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: Aareement No 6 - 1 - Cooperative Agreement City of Moscow Key No. 13453 ---PAGE BREAK--- 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 Forty-Five Thousand Two Hundred Eighty-Eight Dollars ($45,288) 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. 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. Cooperative Agreement City of Moscow Key No. 13453 ---PAGE BREAK--- 6. Refund to the State the amount paid under this Agreement if the project is terminated prior to completion or if the project is not completed by July 1, 2014. 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. 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 Transportation Performance 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. Approved as to form: By rezr:•r'" 1ting held on . ' / ' 13 hm: 13453 Coop.docx IDAHO TRANSPORTATION DEPARTMENT APPROVED Transportation Performance Division Administrator RECOMMENDED CITY OF MOSCOW JULY 12 1887 -3 - Cooperative Agreement City of Moscow Key No. 13453 ---PAGE BREAK--- RESOLUTION NO. 2013 - 01 A RESOLUTION OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, TO ENTER INTO AN AGREEMENT WITH THE IDAHO TRANSPORTATION DEPARTMENT (lTD) FOR OBLIGATION OF lTD AND CITY FOR ADA IMPROVEMENTS ON STATE HIGHWAY 8 AND US95; PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PAS SAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. WHEREAS, the Idaho Transportation Department (hereinafter "lTD") is responsible for obtaining compliance with laws, standards, and procedural policies in the development, construction and maintenance of improvements made to the Federal-aid Highway system (hereinafter "Project"); and WHEREAS, CITY and lTD are providing funds for this Project; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow as follows: 1. That the Cooperative Agreement to construct ADA improvements on State Highway 8 and U.S. 95, within CITY limits, is hereby approved; 2. That the Mayor and City Clerk are hereby authorized to execute the Agreement on behalf of CITY; and 3. That duly certified copies of this Resolution shall be furnished to lTD. 4. That this Resolution shall become effective as of 1st day of April, 2013. PASSED AND APPROVED by the Mayor of the City of Moscow, Idaho, this 1st day of April, 2013. REsOLLJTION 2013 - 0 I lTD, CITY ADA IMPROVEMENTS ON SH8 AND US95 - . . 9.t . . M.t:.c * . . 0 \t-\CORPORA!to JULY 12 1887 . PAGE I OF l