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STATE/LOCAL AGREEMENT SAFE ROUTES TO SCHOOL ORIGINAL PROJECT NO. A012(338) MOSCOW SR2S COORDINATOR FY12 SR2S PROJECT NO. A012(339) D ST SIDEWALK, MOSCOW FY13 SR2S KEY NO. 12338 KEY NO. 12339 PARTIES S AGREEMENT is made and entered into this day of , c;JO I\ , by and between the IDAHO TRANSPORTATION DEPAR ENT hereafter called the State and the CITY OF MOSCOW, hereafter called the Sponsor. PURPOSE The Sponsor has requested funding under the Safe Routes to School (SR2S) Program to provide infrastructure and non-infrastructure projects that benefit elementary and middle school children in grades K-8 as detailed in the project Application. A copy of the project Application is attached as Exhibit A. The purpose of this Agreement is to set out the terms and conditions necessary to obtain Federal-aid participation in the work. NOTE: Local Agencies should refer to the SR2S Project Development Manual for information regarding administration of the Safe Routes to School projects. Authority for this Agreement is established by Section 40-317 of the Idaho Code. I. NON-INFRASTRUCTURE AcTIVITIES (FY12) 1. The total funds available for non-infrastructure activities identified in Exhibit A 1s $25,384. 2. The State's contact for non-infrastructure activities is as follows: Jo O'Connor Safe Routes to School Coordinator Office of Highway Operations and Safety Idaho Transportation Department PO Box 7129 Boise ID 83707-1129 Telephone: [PHONE REDACTED] Fax: [PHONE REDACTED] e-mail: [EMAIL REDACTED] State/Local Agreement FY12 & FY13 SR2S Moscow Key Nos. 12338 and 12339 \·12 ---PAGE BREAK--- THE STATE SHALL: 3. Enter into an Agreement with the Federal Highway Administration covering the federal government's pro rata share of costs of the non-infrastructure activities, up to the Federal aid maximum identified in Section I, Paragraph 1. above. 4. Through its Safe Routes to School Coordinator, will provide guidance and support to the Sponsor in development of the non-infrastructure portion of this project. 5. Upon receipt of appropriate documentation showing expenditure of funds for the non infrastructure portion of this project, reimburse the Sponsor up to the Federal-aid maximum identified in Section I, Paragraph 1. above. THE SPONSOR SHALL: 6. Develop the non-infrastructure activities as detailed in Exhibit A. Upon official notification to proceed, undertake the following items numbered 7-13 to maintain. compliance. 7. Seek the written approval of the Safe Routes to School Coordinator before making all non-infrastructure purchases, acquiring services, awarding stipends, or purchasing incidentals, and provide details of all prizes and stipends awarded. 8. Distribute and submit Parent Survey's and Student Tallies on the National Center for Safe Routes To School survey forms twice during the school year, for each year of the project following directions in the SR2S Project Manual. Failure to submit surveys could result in termination of the project. 9. Make timely payment of all invoices and provide to the State, along with allowable invoices, receipts and copies of checks as proof of payment of same. The State will reimburse the Sponsor for eligible expenses, up to the Federal-aid maximum identified in Section I, Paragraph 1. above. The Sponsor shall be responsible for all costs of the project that exceed the Federal-aid maximum. 10. Submit progress reports on the dates specified by the Safe Routes to School Coordinator on the form provided by the State. Failure to submit progress reports could result in termination of the project. 11. Upon completion of the project, the Sponsor will provide a final report. The deadline for completion of the non-infrastructure work is two years from the date of this signed Agreement. The final report and invoice shall be received by the State no later than sixty days following the completion date. 12. Failure to submit progress, final reports, and surveys will jeopardize reimbursement. 2 State/Local Agreement FY12 & FY13 SR2S Moscow Key Nos. 12338 and 12339 ---PAGE BREAK--- 13. Maintain all project records, including source documentation for all expenditures and in kind contributions, for a period of three years from the date of final cost accounting. 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. II. INFRASTRUCTURE ACTIVITIES (FY13) 1. The total funds available for infrastructure activities identified in Exhibit A is $99,880. 2. The deadline for completion of all infrastructure activities is two years from the date of execution of this Agreement. 3. Contact information for infrastructure activities is a follows: District SR2S Contact: Sponsor Contact: THE SPONSOR SHALL: Ken Helm lTD -District Two PO Box 837 Lewiston, ID 83501 (208) 799-4223 [EMAIL REDACTED] Nancy Chaney, Mayor City of Moscow PO Box 9203 Moscow, ID 83843 (208) 883-7018 [EMAIL REDACTED] 4. At its own cost, provide for the design of the project. Projects shall be designed to an approved standard following guidelines contained in the most recent version of the SR2S Project Development Manual available at www.itd.idaho.gov/SR2S . 5. The Sponsor shall submit completed project development packages following the steps outlined in the SR2S Project Development Manual to lTD by October 1, 2012. Failure to comply could jeopardize funding for the project. 3 State/Local Agreement FY12 & FY13 SR2S Moscow Key Nos. 12338 and 12339 ---PAGE BREAK--- 6. Bid advertisements must take place within thirty (30) days of receipt the State's authorization of such advertisements and follow the required bid procedures as outlined in the SR2S Project Manual. The Sponsor will submit all bids received to the State. The State will provide approval prior to award of the contract. Failure to advertise the project for bids within 30 days may jeopardize funding for the project. 7. During construction of the project the Sponsor shall follow the guidelines in the SR2S Project Development Manual for construction, inspection diaries, and support to the State Resident Engineer in the administration of the contract on this project. The Sponsor shall prepare all and final contract estimates and change orders, and submit to the State for their approval. During the life of the construction contract, prior approval of the State will be obtained if it is necessary to deviate from the plans and specifications to such a degree that the scope of project and/or required work is significantly changed. 8. Provide for materials testing on the project. Reference the SR2S Project Development Manual for guidelines and requirements. 9. Be responsible for the selection and maintenance of all traffic control devices in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) as adopted by the State. 10. At no cost to the federal-share, cause to be replaced to original, equal or better condition any existing pavement, regulatory signs, and other items damaged as a result of the contractor's operation, except as hereafter stated as obligations of the State. 11. Make timely payment of all invoices and provide to the State allowable invoices and receipts showing payment of same. The State will reimburse the Sponsor for eligible expenses, up to the Federal-aid maximum identified in Section II, Paragraph 1. above. The Sponsor shall be responsible for all costs of the project that exceed the Federal-aid maximum. Reference the SR2S Project Development Manual for additional information. 12. Maintain all project records, including source documentation for all expenditures and in kind contributions, for a period of three years from the date of final cost accounting. 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. 13. Maintain the project upon completion to the satisfaction of the State. Failure to maintain the project in a satisfactory manner will jeopardize the future allotment of federal-aid highway funds for projects within the Sponsor's jurisdiction. 14. Comply with Exhibit B, Non-Discrimination Agreement for Local Public Agencies, attached hereto and made a part hereof. By this agreement the Sponsor agrees to comply with and be bound to the Civil Rights provisions of Title VI of the Federal Code and to generally insert those provisions in all contracts that it enters into that are federally 4 State/Local Agreement FY12 & FY13 SR2S Moscow Key Nos. 12338 and 12339 ---PAGE BREAK--- funded on this project. If property acquired for this project with Federal financial assistance is transferred, the recipient of the property will be subject to Appendix A if the property is used for the same purpose it was originally acquired or for another purpose involving similar services or benefits to the general public. Sponsor should contact the State prior to disposing of any property acquired under this agreement.. 15. Comply with all other applicable State and Federal regulations. 16. Indemnify, save harmless and defend regardless of outcome the State 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. The Sponsor shall defend and indemnify the State and its employees for all claims and losses arising out of the State's duty of supervision and inspection of the project. THE STATE SHALL: 17. Enter into an Agreement with the Federal Highway Administration covering the federal government's pro rata share of construction costs, up to the Federal-aid maximum identified in Section II, Paragraph 1. above. 18. Review and approve the project plans, specifications, and rights-of-way certifications, and provide the appropriate environmental clearance. 19. Review and approve bidding documents for conformance to bidding requirements prior to advertisement. 20. Review and approve bids, and provide Sponsor with official authorization to award the contract. 21. Authorize the Sponsor to administer the project and make any necessary changes and decisions within the general scope of the plans and specifications. lTD will review and approve any local procedures prior to executing this agreement. 22. Designate personnel, as the State deems necessary, to review construction in accordance with the plans, specifications and estimates in the manner required by applicable state and federal regulations. The State will review and approve change orders submitted by the Sponsor, and conduct a final inspection and acceptance of the project when completed. The project acceptance shall be made by the lTD District Engineer or their designee. 23. Upon receipt of appropriate documentation showing expenditure of funds for infrastructure work on this project, the State will reimburse the Sponsor up to the Federal-aid maximum identified in Section II, Paragraph 1. above. 5 State/Local Agreement FY12 & FY13 SR2S Moscow Key Nos. 12338 and 12339 ---PAGE BREAK--- 24. Maintain complete accounts of all project funds received and disbursed, which accounting will determine the final project costs. 25. Cooperate with the Sponsor in selection and designation of suitable construction traffic control during project construction in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) as adopted by the State. 26. All information, regulatory and warning signs, pavement or other markings, traffic signals required, the cost of which is not provided for in the plans and estimates, must be erected at the sole expense of the Sponsor upon the completion of the project. 27. The location, form and character of all signs, markings and signals installed on the project, initially or in the future, shall be in conformity with the Manual of Uniform Traffic Control Devices as adopted by the State. BOTH PARTIES AGREE AS FOLLOWS: 1. This Agreement is entered into for the purpose of complying with certain provisions of the Federal-Aid Highway Act, in obtaining federal participation in the design and construction of the project. Federal participation in the costs of the project will be governed by the applicable sections of Title 23, U.S. Code (Highways) and rules and regulations prescribed or promulgated by the Federal Highway Administration. 2. Federal participation is contingent upon ultimate completion of the project. If for any reason the project is removed from the program without being completed, then the Sponsor shall be responsible for One Hundred Percent (100%) of all project costs, and shall pay back to the State all costs previously reimbursed. 3. 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. 4. This Agreement shall become effective on the first day mentioned above, and shall remain in full force and effect until amended or replaced upon mutual consent of the State and the Sponsor. (This space intentionally left blank) 6 State/Local Agreement FY12 & FY13 SR2S Moscow Key Nos. 12338 and 12339 ---PAGE BREAK--- EXECUTION This Agreement is executed for the State by its Assistant Chief Engineer (Development), and executed for the Sponsor by its Mayor. Approved as to form: Karl Vogt Deputy Attorney General December 14, 20 I 0 ATTEST: (SEAL) hm: 12338 SLA.docx IDAHO TRANSPORTATION DEPARTMENT APPROVED BY: (Development) CITY OF MOSCOW 7 State/Local Agreement FY12 & FY13 SR2S Moscow Key Nos. 12338 and 12339 ---PAGE BREAK--- RESOLUTION NO. 2011 - 05 A RESOLUTION OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AGREEING TO SUPPORT FEDERAL AID SAFE ROUTES TO SCHOOL PROJECT; PROVIDING THAT THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of the STATE and the CITY OF MOSCOW, IDAHO, hereafter called the CITY, for development of FY2012 and FY2013 Safe Routes to School projects; and WHEREAS, the STATE is responsible for obtaining compliance and laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal-Aid Highway System when there is a federal participation in the costs; and WHEREAS, certain functions to be performed by the STATE involve the expenditure of funds as set f01th in the Agreement; and WHEREAS, the STATE is fully responsible for its share of the project costs; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow, Idaho as follows: 1. The Agreement for Federal Aid Project A012(338) and A012(339) 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 the Resolution shall be furnished to the Idaho Transportation Department. PASSED AND APPROVED by the City Council of the City of Moscow, Idaho, this 2 day of May, 2011. ATTEST: RESOLUTION 20 1 1-05 SArE ROUTES TO SC'HOOLSIIDAHO TRANSPORTATION DEPARTMENT PAGE 1 or I ---PAGE BREAK--- • • I I I I I I Contact Information I - · H - - · - - · - - - - - - - - · - Complete the information below and provide as the first page of your proposal. Carefully read and refer to the STOP 4 Kids Guidelines" as you complete this document. The person identified as the "Primary Contact Person" will be the main point of contact and must be able to answer questions regarding the application. For assistance in completing this document, please contact the Idaho Safe Routes to School Coordinator (contact information below). Title of Proposed Project (use same as name cover page) City of Moscow Safe Routes to School Applicant (name of Sponsor organization): Federal Employment Identification No.(EIN) City of Moscow 82-6000227 Sponsor Type r8] School District r8] City 0 County 0 State r8] Other University of Idaho Primary Contact Person for Infrastructure (to answer application questions) Title Alisa Stone University of Idaho Mailing Address City State Zip P.O. 9203 Moscow ID 83843 Daytime Phone Fax Number E-Mail Address [PHONE REDACTED] [PHONE REDACTED] [EMAIL REDACTED] .us Primary Contact Person for Non- Infrastructure (to answer application questions) Title Polly Knutson Ul Sponsored Program Director Mailing Address City State Zip University of Idaho - Morrill Hall Moscow 10 83843 Daytime Phone Fax Number E-Mail Address [PHONE REDACTED] [PHONE REDACTED] [EMAIL REDACTED] School District School Name (Copy and attach additional Contact Pages for multiple schools) Moscow School District Seven Schools - See Attached Individual Travel Plan for each School. Check Yes or No to the following questions Yes Is project(s) located in a Metropolitan Planning Organization's jurisdiction? 0 Will you be submitting more than one project during this application cycle? r8] This program is a cost reimbursement program. Should your project be selected for funding, do you have funds in place to support spending prior to reimbursement by lTD? The accompanying I-STOP is for both infrastructure and non-infrastructure funding. If your infrastructure project is NOT recommended for funding in this federal fiscal year, do you want your non-infrastructure project to be considered as a stand-alone plan? Anticipated Funding Amount Requested for this K-8 project(s) $ 99,880 / Infrastructure - Amount Requested Non-infrastructure (education component)- Amount Requested lTD 0166 (Rev. 02-10) Total Requested $ , 07-$111,750; 08-$15,000, Previously Funded Year(s) and Total Awarded $ 09-$80,000 At4.4 !-STOP 4 KIDS Safe Routes to School Travel Plan EXHIBIT A 0