Loading...
21-105.00 Washington Traffic Safety Commission: School Zone Flashing Beacons 21- ►O5 wEms INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission AND City of Spokane Valley THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as "WTSC,"and City of Spokane Valley, hereinafter referred to as"SUB-RECIPIENT." NOW THEREFORE, in consideration of the authority provided to WTSC in RCW 43.59 and RCW 39.34, terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties mutually agree as follows: 1. PURPOSE OF THE AGREEMENT: The purpose of this Agreement is to provide funding for traffic safety grant project 2022-Sub-grants-4383-School Zone Flashing Beacons. 2. PERIOD OF PERFORMANCE The period of performance of this Contract shall commence upon the date of execution by both Parties or July 01, 2021,whichever is later, and remain in effect until June 30, 2022, unless terminated sooner, as provided herein. 3. STATEMENT OF WORK The SUB-RECIPIENT shall carry out the provisions of the traffic safety project described here as the Statement of Work(SOW). If the SUB-RECIPIENT is unable to fulfill the SOW in any manner on this project, the SUB-RECIPIENT must contact the WTSC Program Manager immediately and discuss a potential amendment. All State regulations will apply. 3.1 SCOPE OF WORK 3.1.1 Problem ID and/or Opportunity In the City of Spokane Valley, the vast majority of drivers travel reasonably within the posted speed limit. However, due to high traffic volumes on arterial streets, the actual quantity of speeding vehicles can have a noticeable impact. This is true even though only a small percentage of vehicles are speeding, especially in and around school zones. Flashing beacons help remind drivers to page 1 of 11 IIdVCI dl Lt./nip! 101 LIIC VI CVCIYUI IC. The proposed school zone flashing beacons will primarily help decrease vehicle speeds in school zones. Flashing beacons will also increase driver awareness by notifying drivers that they are in close proximity to a school with an established school speed zone and have an increased potential of encountering a pedestrian or bicyclist. The proposed school zone flashing beacons will primarily help decrease vehicle speeds in school zones. Flashing beacons will also increase driver awareness by notifying drivers that they are in close proximity to a school with an established school speed zone and have an increased potential of encountering walkers or rollers. 3.1.2 Project Goal Reduce frequency and severity of speeding within the 20 mph school zones (improve driver compliance). 3.1.3 Project Strategies, Objectives, and Measures Strategy 1 — Install six School Zone Flashing Beacons(SZFB). Objective 1.1 — Initiate a work order for installation of SZFB. Objective 1.2—Supervise construction and certify completion. 3.2. MILESTONES, DELIVERABLES, AND PERFORMANCE MEASURES Compl Description eted Date Project start, layout and design begins and materials are ordered (materials have an 8-10-week lead 07/01/2 time. There are severe shortages of semi-conductor chips right now, so the expected delivery time 021 for the equipment could wind up being even longer. 10/15/2 Installation (4 weeks, pending weather). 021 Installation complete, 11/30/2 021 07/31/2 Submit fiscal year-end report summarizing project activities and lessons learned. 022 3.3. COMPENSATION 3.3.1. The cost of accomplishing the work described in the SOW will not exceed $51,000.00. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount in a written Amendment to this Agreement executed by both parties. 3.3.2. If the SUB-RECIPIENT intends to charge indirect costs, an Indirect Cost Rate must be established in accordance with WTSC page 2 of 11 �.1V IlUICJ, dl IU d ICUCl UVCU UUJI dilULdllUl I pldl I Il Idy UC ICI.UIICU lU uu JUUII IIIICU lU II IC VV I Jli UCIUI C dl ly [Jul I UI III d11GC IJ conducted under this Agreement. 3.3.3 The SUB-RECIPIENT must submit a travel authorization form (A-40)to request approval for any travel not defined in the scope of work and for all travel outside of the continental United States. State travel policies (SAAM Chapter 10)would apply. 3.3.4. If WTSC makes travel arrangements on behalf of the SUB-RECIPIENT, state travel policies must be followed. See Washington State Administrative&Accounting Manual (SAAM)Chapter 10,which can be obtained at this website: https://www.ofm.wa.gov/sites/default/files/public/legacy/policy/10.htm. If for any reason, this information is not available at this website, contact the WTSC office at 360-725-9860. 3.3.5. WTSC will reimburse travel related expenses consistent with the written travel policies of the SUB-RECIPIENT. If no written policy exists, state travel policies(SAAM Chapter 10)apply. 3.3.6. WTSC will only reimburse the SUB-RECIPIENT for travel related expenses for travel defined in the scope of work and budget or for which approval was expressly granted. The SUB-RECIPIENT must provide appropriate documentation (receipts)to support reimbursement requests, including the A-40 Travel Authorization form if required. 3.4. SUMMARY OF PROJECT COSTS SUMMARY OF COSTS AMOUNT Employee salaries and benefits $2,244.00 Travel $0.00 Contract Services $16,320.00 Equipment (listed in the table below) $26,826.00 Goods or other expenses $5,610.00 Indirect Costs $0.00 TOTAL $51,000.00 Budget Narrative A. Employee Salaries and Benefits-$2,244.00 Staff engineer—Project Share (85 percent) =$2,244.00. Staff engineer site design and layout-$55/hour x 16 hour/pair x 3 pair= $2,640.00 x 85 percent= $2,244.00. The remaining 15 percent of the purchase cost will come from the city and will be counted as match. B. Travel-$0.00 C. Contract Services- $16,320.00 Signal technicians—Project Share (85 percent)=$16,320.00. Installation of School Zone Flashing Beacons (SZFB)-$200/hour X 16 hours X 2 signal technicians x 3 beacon pairs= $19,200.00 x 85 percent project share=$16,320.00. The remaining 15 percent page 3 of 11 of the purchase cost will come from the city and will be counted as match. D. Goods or Other Expenses (Examples: office/printing supplies, postage, software, conference registration fees)-$5,610.00 Vactor truck—Project Share (85 percent)= $3,060.00. Equipment rental for digging foundations-$200.00/hour X 6 hours X 3 beacon pairs =$3,600.00 x 85 percent project share =$3,060.00. The remaining 15 percent of the purchase cost will come from the city and will be counted as match. Pre-fabricated concrete foundation—Project Share (85 percent)_$2,550.00. $1,000/foundation x 3 beacon pairs =$3,000.00 x 85 percent project share =$2,550.00. The remaining 15 percent of the purchase cost will come from the city and will be counted as match. E. Equipment-$26,826.00 SZFB purchase—Project Share (85 percent) = $26,826.00. $10,520.00/pair of beacons X 3 pairs of beacons = $31,560.00 X 85 percent project share =$26,826.00. The remaining 15 percent of the purchase cost will come from the city and will be counted as match. Beacon materials include, but are not limited to, aluminum posts, software and electronic controller equipment and cabinet, solar panel and battery backup equipment, and"SCHOOL SPEED LIMIT 20 WHEN FLASHING" signage for each post. Total Direct Expenditures-$51,000.00 F. Indirect Costs-$0.00 TOTAL FUNDING REQUEST(Direct+ Indirect)-$51,000.00 G. Match Amount$9,000.00 Staff engineer site design & layout=$396.00. $55.00/hour X 16 hours X 3 beacon pairs= $2,640.00 x 15 percent(City share of project costs)= $396.00. Contract services= $2,880.00. $200.00/hour x 16 hours/pair x 2 signal technicians x 3 beacon pairs =$19,200 x 15 percent(City share of project costs) = $2,880.00. Goods or Other Expenses =$990.00. $6,600 x 15 percent(City share of project costs) = $990.00. Equipment=$4,734.00. $10,520.00/pair of beacons X 3 pairs of beacons=$31,560.00 X 15 percent (City share of project costs) = $4,734.00. Total Project Cost(Total Funding Request+ Match)-$60,000.00 Equipment Description Quantity Unit Cost Amount School Zone Flashing Beacons, pair 3 $8,942.00 $26,826.00 APPLICABLE STATE TERMS AND CONDITIONS: page 4 of 11 4. ACTIVITY REPORTS The SUB-RECIPIENT will submit progress reports on the activity of this project in the form provided by the WTSC using the WTSC Enterprise Management System (WEMS) Progress Reporting process or other alternate means pre-approved by WTSC. The SUB- RECIPIENT will include copies of publications, training reports, and any statistical data generated in project execution in the reports. The final report will be submitted to WTSC within 30 days of termination of this Agreement. WTSC reserves the right to delay the processing of invoices until activity reports are received and approved. 5. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. 6. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties in the form of a written Amendment to this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the parties. 7. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 8. ASSIGNMENT The SUB-RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB-RECIPIENT shall provide the WTSC a copy of all third-party contracts and agreements entered into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the funds provided under this Agreement include funds from NHTSA, such third-party contracts and agreements must include the federal provisions set forth in this Agreement in sections 32 through 40. 9. ATTORNEYS' FEES In the event of litigation or other action brought to enforce the Agreement terms, each party agrees to bear its own attorney fees and costs. 10. BILLING PROCEDURE The SUB-RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting documentation as WTSC shall require. All invoices for reimbursement shall be submitted through the WEMS invoicing process, or via alternate method if approved by WTSC. Payment to the SUB-RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, must be received by WTSC no later than August 10 of the same calendar year. All invoices for goods received or services performed between July 1 and September 30, must be received by WTSC no later than November 15 of the same calendar year. WTSC reserves the right to delay the processing of invoices until activity reports required by Section 4 of this agreement, are received and approved. 11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION The SUB-RECIPIENT shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written consent of page 5 of 11 LIUC VV I Jli, UI db IIlay L/C ICgUIICU uy IdW. 12. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. 13. COVENANT AGAINST CONTINGENT FEES The SUB-RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB-RECIPIENT, to annul this Agreement without liability. 14. DISPUTES 14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date of the SUB-RECIPIENT's receipt of WTSC's written decision, the SUB-RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT's appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director.The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall abide by the decision. 14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved. 14.3. In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in the superior court situated in Thurston County, Washington. 15. GOVERNANCE 15.1.This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 15.2.1. Applicable federal and state statutes and rules 15.2.2. Terms and Conditions of this Agreement 15.2.3. Any Amendment executed under this Agreement 15.2.4. Any SOW executed under this Agreement 15.2.5. Any other provisions of the Agreement, including materials incorporated by reference 16. INCOME Any income earned by the SUB-RECIPIENT from the conduct of the SOW(e.g., sale of publications, registration fees, or service charges)must be accounted for, reported to WTSC, and that income must be applied to project purposes or used to reduce project costs. 17. INDEMNIFICATION 17.1.To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind ("claims") brought against WTSC arising out of or in connection with this Agreement and/or the SUB-RECIPIENT's performance or failure to perform any aspect of the Agreement. This indemnity provision page 6 of 11 applies to all claims against W I SC, its officers, employees, and agents arising out ot, in connection with, or incident to the acts or omissions of the SUB-RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require the SUB-RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if such claims result from the concurrent negligence of(a)the SUB-RECIPIENT, its officers, employees, agents, contractors, or subcontractors, and (b)the WTSC, its officers, employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB- RECIPIENT, its officers, employees, agents, contractors, or subcontractors. 17.2. The SUB-RECIPIENT agrees that its obligations under this Section extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents in the performance of this agreement. For this purpose, the SUB- RECIPIENT, by mutual negotiation, hereby waives with respect to WTSC only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions chapter 51.12 RCW. 17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 18. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 19. INSURANCE COVERAGE 19.1.The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law. 19.2. If the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate by WTSC,which protects the SUB-RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 20. LICENSING, ACCREDITATION, AND REGISTRATION The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB-RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement. 21. RECORDS MAINTENANCE 21.1. During the term of this Agreement and for six years thereafter, the SUB-RECIPIENT shall maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal officials so authorized by law.All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. 21.2. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving them a reasonable opportunity to respond. Each party will page 7of11 ULIIILU I CdJUIIdUIC Jcuui ay piu uuuiCJ dl lU pi UtUULIVI IJ LU dJJUIU Il Idl ICUUIUJ dliU UUUUI I ICI!Lb pI UVIUCU UY LI IC Ulf ICI pol iy dl C IIUL erroneously disclosed to third parties. 22. RIGHT OF INSPECTION The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA)or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB-RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 23. RIGHTS IN DATA 23.1. WTSC and SUB-RECIPIENT agree that all data and work products (collectively called"Work Product")pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 23.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB-RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 23.3.The SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound)contain acknowledgment of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 24. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE"clause, without the 30 day notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion under any new funding limitations or conditions. 25. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 26. SITE SECURITY While on WTSC premises, the SUB-RECIPIENT, its agents, employees, or sub-contractors shall conform in all respects with all page 8 of 11 vv 1 JL+ pi ty JIUdI, IIIC, UI UIIICI JCUUIIIy FJVIIUICJ d11U dI1PIlUdUIC I CLJ.UIdLIUIIJ. 27.TAXES All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB- RECIPIENT or its staff shall be the sole responsibility of the SUB-RECIPIENT. 28.TERMINATION FOR CAUSE If the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice of such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the SUB-RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB-RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15- day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 29.TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either party may terminate this Agreement, without cause or reason, with 30 days written notice to the other party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 30. TREATMENT OF ASSETS 30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB- RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB-RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB-RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i)issuance for use of such property in the performance of this Agreement, or(ii)commencement of use of such property in the performance of this Agreement, or(iii)reimbursement of the cost thereof by the WTSC in whole or in part,whichever first occurs. 30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 30.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the SUB-RECIPIENT to maintain and administer that property in accordance with sound management practices. 30.4. If any WTSC property is lost, destroyed, or damaged,the SUB-RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of this Agreement. 30.6. All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub- contractors. 31. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. 32. DESIGNATED CONTACTS page 9 of 11 I!IC IUllUWII II9 IIdl1 ICU II IUIVIUUdIJ WIII ClJ VC dJ UCJII9I IdLCU GUI lldlLJ IUI CdUI I UI II IC pdl lICJ IUI dil 1.U111111UI IIL,dLIUI lb, I IUilLe J, dI IU reimbursements regarding this Agreement: The Contact for the SUB-RECIPIENT is: The Contact for WTSC is: Jerremy Clark Mandie Dell jclark@spokanevalley.org mdell@wtsc.wa.gov 509-720-5019 360-725-9860 ext. 33.AUTHORITY TO SIGN The undersigned acknowledge that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligations set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement. City of Spokane Valley Signature NA/ /-76``/.-l-1 Printed Name c : ry 9c 4_ Title 6 -Z )— 2c / Date WASHINGTON TRAFFIC SAFETY COMMISSION ppn.iryapva ey>nnYuk>am MTsct Pannkuk,Pam (WTSC) ; p ";;,;'; Signature Pam Pannkuk Printed Name Deputy Director Title page 10 of 11 08-03-2021 Date page 11 of 11