HomeMy WebLinkAboutResolution No 2021 - 03 Cooperative Agreement ADA Ramps State Fiscal Year 2022Instrument # 438491
REXBURG, MADISON, IDAHO
34.2021 02:56:16 PM No. of Pages: 1 o<aB1tlpao
Recorded for: CITY OF REXBURG
KIM H. NIUIR Fee: 0.00 � °
Ex -Officio Recorder Deputy
CITY OF
REXBURG
M,e,,, 's family Ca,mnuruty
RESOLUTION FOR COOPERATIVE AGREEMENT FOR PROJECT NO.
A022(976) ADA RAMPS FOR STATE FISCAL YEAR 2022
Resolution No. 2021- 03
WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has
submitted an Addendum to the Agreement stating obligations of the STATE and the CITY
OF REXBURG, hereafter called the CITY, for ADA improvements; and
WHEREAS, the STATE 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; and
WHEREAS, the CITY and the STATE are providing funds for this project; and
NOW, THEREFORE, BE IT RESOLVED:
1. That the Cooperative Agreement to construct ADA improvements 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 the Resolution shall be furnished to the Idaho Transportation
Department.
AK"Z
S E Y: Je ry Merrill, Mayor
CERTIFICATION:
I hereby certify that the above is a true copy of a Resolution passed at a regular meeting of
the�W:ouncil, City of Rexburg, held on March 3`d, 2021.
Lyvav�
END 3 Deborah Lovejoy, City Clerk '
OF \OP§
9
!�4WMT: Cooperative Agreement Project No A022(976)
RESOLUTION FOR ADOPTION OF COOPERATIVE AGREEMENT I City of Rexburg Key No. 22976
COOPERATIVE AGREEMENT
PROJECT NO. A022(976)
FY22 REXBURG 10 ADA RAMPS
KEY NO. 22976
PARTIES
This Agreement is made and entered into this i .5�t day ofj
002,1 by and between the IDAHO TRANSPORTATION BOARD by atQ through the
IDAHO TRANSPORTATION DEPARTMENT, hereafter called the State, and the CITY OF
REXBURG, hereafter called the City.
PURPOSE
The City of Rexburg wishes to upgrade the following curb ramps within the City limits.
D6_01838 D6_01751 D6_01726
D6_01839 D6_01752 D6_01725
D6_01840 D6_01735
D6_01841 D6_01734
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:
Upon execution of this Agreement and receipt of a written request from the City,
pay to the City the amount of Fifty -Seven Thousand Three Hundred Dollars
($57,300) to be used for Americans with Disabilities Act (ADA) curb ramp
improvements as identified above. The amount paid under this agreement is a
lump sum payment. No additional funds will be paid for this work.
a. Payment will be divided into two parts. The State will pay 75% of the above-
mentioned amount upon the initial written request. The remaining 25% will be
paid upon the completion of the project provided that the work is completed to
the State's satisfaction.
2. Upon notification of start of construction, update that information to 511 Traveler
Information Services.
Cooperative Agreement
FY22 Rexburg 10 ADA Ramps
Key No. 22976
Page 1
At its discretion, perforin an inspection of the work upon notification from the
City of completion of the work.
4. 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:
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 Design Manual can be viewed at the following
web site: httD:Hant)s.itd.idaho.eov/anus/manuals/manualsonline.litml.
3. Submit a traffic control plan to the State for review.
4. Provide notification to the State when construction on the project is to begin.
5. During construction, maintain pedestrian access in accordance with the Manual
for Uniform Traffic Control Devices (MUTCD). The current MUTCD can be
viewed at the following web site:
htti):Hat)t)s.itd.idaho.izov/at)l)s/manuals/manualsonline.html.
6. Provide all funding necessary for the work over and above the funds paid by the
State under Section 1, Paragraph I above.
Upon completion of the work:
a. Notify the State and provide the opportunity for inspection of the completed
project by the State;
b. Request project acceptance by the State;
c. Complete and submit an ITD-0288 (ADA Ramp Inspection) form for each
ramp constructed. The form(s) shall be mailed to the applicable Idaho
Transportation Department district office; and
d. Request final payment upon receipt of project acceptance by the State.
8. Maintain all project records, including source documentation for all expenditures,
for a period of three (3) 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.
Coopermive Agreement
FY22 Rabrtrg 10 ADA Ramps
Key No. 22976
Page 2
9. Comply with all other applicable State and Federal regulations.
10. 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 within two (2)
years of the effective date of this Agreement.
11. At its own expense, correct any ramps constructed under this Agreement that do
not meet ADA requirements.
12. To the extent permitted by Idaho law and as provided by the Idaho Tort Claims
Act, indemnify, save harmless the State, regardless of outcome, from the 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 act or omission, neglect or misconduct of the Sponsor or its
consultant in the design, construction and maintenance of the work which is the
subject of this Agreement, or Sponsor's failure to comply with any state or federal
statute, law, regulation or rule. Nothing contained herein shall be deemed to
constitute a waiver of the State's sovereign immunity, which immunity is hereby
expressly reserved.
GENERAL:
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.
(This space intentionally left blank)
Cooperative Agreement
FY22 Rexburg 10 ADA Ramps
Key No. 22916
Page 3
EXECUTION
This Agreement is executed for the State by its Highways Construction and Operations
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 Rexburg.
ATTEST:
` itity Clerk
By(fj�pecial meeting held
on 1/lALWc - 2>":72-02-1
cf.- 22976 Coop
IDAHO TRANSPORTATION DEPARTMENT
APPROVED
Division Administrator
Highways Construction and Operations
RECOMMENDED
District Engineer
CITY OF REXBURG
Cooperative Agreement
FY22 Rexburg /0 ADA Ramps
Key No. 12976
Page 4