19-051.00 WSDOT: Pedestrian & Bicycle Counters 19-09
MEMORANDUM OF UNDERSTANDING
BETWEEN
STATE OF WASHINGTON
Department of Transportation
AND
Local Agency City of Spokane Valley
This Memorandum of Understanding (MOU), pursuant to Chapter 39.34 RCW, is made
and entered into by and between the Washington State Department of Transportation,
ATTN: Transportation Data, GIS and Modeling Office, PO Box 47830, Olympia WA
98504-7830, hereinafter referred to as "WSDOT" and the Local Agency City of Spokane
Valley, ATTN: City of Spokane Valley, 10210 East Sprague Avenue, Spokane Valley, WA
99206, hereinafter referred to as "City." This MOU is effective upon the day of the
installation and shall remain in effect for not longer than 5 years.
The purpose of this MOU is to define the roles and responsibilities associated with the
installation and maintenance of bike and pedestrian automated counters installed on trails
or public roadways by the Washington State Department of Transportation and managed
by local agency partners.
Counters and Totems purchased through the 2016 Pedestrian and Bicycle and Safe
Routes to School OSPI Grant GCB2882 will include installation costs and the first twelve
months of vendor fees associated with data collection. Awarded agencies will be
responsible for monthly data retrieval, annual data fee to the vendor, spot maintenance,
and battery replacement for a period of 5 years. WSDOT is not responsible for counter
replacement after manufacturer warranty expires. Access to the data must be shared
with WSDOT during the term of this MOU.
1. WSDOT Responsibilities:
a. Before Equipment Installation
• WSDOT will work directly with a primary project contact assigned from
City to schedule and coordinate the installation of bike and pedestrian
counter equipment. WSDOT will schedule equipment installation at least
one month in advance, unless schedules and weather permit an earlier
installation.
• WSDOT will conduct a site visit to determine the optimal location to
install the counter equipment. WSDOT will bill the staff time and travel
required to evaluate the site location unless it can be coordinated within
WSDOT's current workload.
b During Equipment Installation
• Before leaving the project site, WSDOT will conduct a series of
equipment validation tests to ensure the equipment is properly
functioning.
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c After Equipment Installation
• WSDOT will provide remote equipment troubleshooting assistance
when requested by the City to help identify technical problems
associated with the equipment. If requested to repair the equipment,
WSDOT will bill the staff time, travel and equipment replacement costs
to the City.
• WSDOT will maintain a record of site visits and repairs made to the
equipment and will provide the documentation to the City as updates
occur.
• WSDOT will assist the City to set up a user account with equipment
vendor. This will provide full access to the data from the awarded
counters installed by WSDOT.
2. Local Agency Responsibilities:
d. Before Equipment Installation
• City will assign a primary contact to WSDOT to coordinate the
installation of bike and pedestrian equipment.
• City will locate utilities two business days ahead, within the project area
and provide documentation to WSDOT prior to the date of equipment
installation.
• City will provide WSDOT with an approved Right-of-Way use permit
describing the characteristics associated with the bike and pedestrian
automated counter installation guide.
e During Equipment Installation
• City will have a representative present on-site that is knowledgeable
about the project details and is able to provide location and contextual
guidance to the installation crews as needed.
• If required, The City will provide the traffic control needed to protect the
crew during equipment installation or WSDOT can provide traffic control
and will bill the staff time, travel and equipment to the City.
f. After Equipment Installation
• City will assume all ownership over the counters and associated
equipment.
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• City will monitor the counters to ensure they are functioning properly and
report equipment malfunctions to WSDOT as soon as possible to
minimize loss of data. WSDOT will assist remotely to troubleshoot
technical issues as needed. If requested to repair the equipment,
WSDOT will bill the staff time, travel and equipment replacement costs
to the City.
• City will be responsible for any and all equipment repair or replacement
costs, regardless if City selects WSDOT to perform the necessary tasks,
or if City selects a capable third party for repair or replacement tasks.
• City will document all site visits and repairs to the counter equipment
and provide the documentation to WSDOT as updates occur.
• City will have full ownership of the counter and will share the data from
the awarded counters installed by WSDOT for use
3. MOU Management: The work described in this MOU shall be performed under the
coordination of the Roadway Operations Supervisor within the Transportation Data,
GIS and Modeling Office of WSDOT and the City Engineer or designee within the
City of Spokane Valley. They shall provide assistance and guidance to the other
party necessary for the performance of this MOU.
4. Indemnification: Each party shall defend, protect and hold harmless the other
party from and against all claims, suits and/or actions arising from any negligent or
intentional act or omission of that party's employees, agents, and/or authorized
subcontractor(s) while performing this MOU.
5. MOU Alterations and Amendments: This MOU may be amended by mutual
agreement of the parties. Such amendments shall not be binding unless they are in
writing and signed by personnel authorized to bind each of the parties.
6. Termination: Except as otherwise provided in this MOU, either party may terminate
this MOU, upon thirty(30) days'written notification to the other party.
7. Disputes: The parties to this memorandum of understanding agree that should any
dispute arise through any aspect of this relationship, the parties shall confer in good
faith to promptly resolve any dispute. In the event that the parties are unable to
resolve the issue or dispute between them, then the matter shall be mediated and or
arbitrated in an attempt to resolve issues between the parties.
8. Complete Agreement: This MOU contains all the terms and conditions agreed
upon by the parties. No other understandings, oral or otherwise, regarding the
subject matter of this MOU shall be deemed to exist or to bind any of the parties
hereto
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IN WITNESS WHEREOF, the parties have executed this MOU.
State of Washington Department of Transportation
21L-C 7/S
Mark Finch, Assistant Director, Multimodal Planning Division Date
City of Spokane Valley
Mark Calhoun, City Manager Date
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