HomeMy WebLinkAboutC-2522Bus Priority Signal Project
Memorandum of Understanding
City of Arcadia
BUS SIGNAL PRIORITY PROJECT
MEMORANDUM OF UNDERSTANDING
CITY OF ARCADIA
AND
FOOTHILL TRANSIT
This Memorandum of Understanding ( "MOU ") is entered into effective AvL4 - 14,wo)
by and between the City of Arcadia ( "City ") and Foothill Transit to provide inter-
agency guidelines, responsibilities and procedures for the installation, operations
and maintenance of Foothill Transit' Bus Signal Priority equipment (BSP) to
support Foothill Transit's bus operations traversing through the City. Foothill
Transit and the City may be refereed to individually as and collectively as Parties
throughout the MOU.
RECITALS
A. The City has responsibility for the operation and maintenance of its
local traffic control system.
B. . Foothill Transit operates certain bus routes on certain streets in the
City, and is undertaking a demonstration project to determine the
effectiveness of BSP equipment in ensuring optimal use of buses in
providing service throughout the Foothill Transit service area.
C. The implementation of BSP equipment has been successfully
demonstrated to enhance bus services, resulting in substantial travel
time savings for the public without negatively impacting the overall
transportation network.
D. Foothill Transit's BSP program was prepared in accordance with state
and federal traffic signal safety requirements. The implementation of
the program does not affect or alter the safety parameters of the local
traffic control system.
E. The City desires to participate in the Foothill Transit program by
allowing Foothill Transit to make certain improvements on City traffic
control equipment at targeted intersections as described herein.
Bus Priority Signal Project
Memorandum of Understanding
City of Arcadia
F. The purpose of this MOU is to establish the following items to facilitate
the implementation and ongoing operations of Foothill Transit's BSP
program along Huntington Drive:
• Clear delineation of roles and responsibilities of each agency
• Standard operating procedures for each agency
• Maintenance responsibilities for agencies
• Acceptance of mutual cooperation to resolve technical and
institutional issues during the design, implementation, operation
and maintenance of Foothill Transit's BSP equipment.
• Communication protocols (along with contact names and phone
numbers)
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the Parties hereby agree as
follows:
1.0 TERM
Foothill Transit and the City agree that Foothill Transit's BSP equipment
installed in accordance with this MOU will remain in place unless Foothill
Transit gives the City 180 days written notice that it intends to remove the
equipment or the City gives Foothill Transit 180 days notice that the City
desires that Foothill Transit remove the equipment. In either case, Foothill
Transit assumes the sole responsibility for the removal of the equipment.
2.0 CITY AGREEMENT:
2.1 Roles and Responsibilities
2.1.1 If available, the City will provide or make available to Foothill
Transit existing traffic signal plans for targeted intersections
in order for Foothill Transit to prepare final as -built drawings.
Such traffic signal plans shall be provided in an electronic
format, if available.
2.1.2 The City will provide coordination support during the design,
installation and testing of all elements of Foothill Transit's
BSP project. Such support may include, without limitation,
timely review of design, access to necessary equipment for
installation, providing timely approvals and inspections and
making staff available on an as- needed basis.
Bus Priority Signal Project
Memorandum of Understanding
City of Arcadia
2.1.3 The City shall work with Foothill Transit to make space
available for the installation of WLAN equipment within traffic
controller cabinets and on traffic signal poles and mast arms
as necessary.
2.1.4 The City shall issue permits, if required, at no cost to Foothill
Transit or its contractors, for all work directly related to the
installation of BSP equipment.
2.1.5 At no cost to the City, the City shall assist with the
installation of updated traffic signal control programs
required for the operation Foothill Transit's BSP equipment.
The City shall remain responsible for entering the signal
timing including BSP parameters, and for other tasks directly
related to day -to -day traffic signal operations.
2.1.6 The City hereby authorizes Foothill Transit to obtain the
applicable traffic signal control firmware for the City in order
to operate the BSP system.
2.1.7 The City shall retain exclusive ownership and control over all
local traffic signal control equipment that has been installed
by the City prior to the effective date of this MOU or which is
installed by the City after the effective date of this MOU and
which is not part of Foothill Transit's BSP equipment. Other
than Foothill Transit's BSP WLAN and related equipment,
the City shall also retain exclusive ownership and control
over all other equipment, firmware, software and
improvements that Foothill Transit makes to the City traffic
signals even if such equipment, firmware and software are
purchased exclusively by Foothill Transit.
2.2 Operations and Maintenance
2.2.1 The City shall retain responsibility for the operations and
maintenance of the local traffic control system, including
those intersections receiving traffic signal cabinet, controller
hardware and firmware upgrades, exclusive of upgrades to
software used in the BSP by Foothill Transit. Nothing in this
MOU is intended to change or be construed to change City's
responsibilities in operating and maintaining its traffic control
system, including, without limitation, traffic timing /signal
issues at City intersections.
2.2.2 The City reserves the right to disconnect BSP hardware as
deemed necessary as part of normal local traffic signal
control operations and maintenance.
Bus Priority Signal Project
Memorandum of Understanding
City of Arcadia
2.2.3 The City will notify Foothill Transit if Foothill Transit's BSP
hardware is disconnected during the normal course of traffic
signal control operations and maintenance.
2.3 Cooperation
2.3.1 The City supports the deployment of Foothill Transit's BSP
equipment and will cooperate with Foothill Transit in order to
successfully provide for bus signal priority along Huntington
Drive between Santa Anita and Gateway .
2.4 Communications
2.4.1 The City appoints the following individual to serve as the
principal point of contact under this MOU:
Philip Wray
Assistant Development Services Director /City
Engineer
City of Arcadia
240 W. Huntington Dr.
P.O. Box 60021
Arcadia, CA 91066
(626) 574- 5488pwray @ci.arcadia.us
3.0 FOOTHILL TRANSIT AGREEMENT:
3.1 Roles and Responsibilities
3.1.1 To the extent Foothill Transit obtains traffic signal plans from
the City, Foothill Transit shall update such traffic signal plans
with the proposed bus signal priority improvements and
provide final as built plans to the City upon completion of
installation.
3.1.2 At Foothill Transit's sole cost and expense, Foothill Transit
shall procure, test, and in coordination with the City,
integrate, and install all elements necessary to implement
Foothill Transit's BSP project at each targeted intersection,
including installing traffic signal cabinet, controller and
firmware upgrades when necessary. Foothill Transit shall
not install any equipment until Foothill Transit has received
(i) City's approval on the design and (ii) the applicable City
permits.
Bus Priority Signal Project
Memorandum of Understanding
City of Arcadia
3.2 Operations and Maintenance
3.2.1 Foothill Transit shall work with the City to develop
appropriate bus signal priority implementation strategies
acceptable to both agencies. The Parties understand and
agree that the City is ultimately responsible for the traffic
timing sheets that control all intersections.
3.2.2 Foothill Transit will coordinate all operations and
maintenance directly attributable to the BSP deployment with
the City.
3.2.3 Foothill Transit is solely responsible for the cost of the
maintenance of its BSP equipment deployed within the City.
3.3 Cooperation
3.3.1 Foothill Transit will work closely with the City to ensure that
the deployment of Foothill Transit's BSP equipment does not
impact traffic conditions or increase normal operations and
maintenance requirements at signal prioritized intersections.
3.4 Communications
3.4.1 Foothill Transit appoints the following individual to serve as
the principal point of contact:
'LaShawn King Gillespie
Director of Planning
Foothill Transit
100 South Vincent Avenue
Suite 200
West Covina, CA 91790
(626) 931 -7206
Lgillespie @Foothilltransit.org
4.0 MUTUALLY AGREED:
4.1 The recitals above are incorporated by reference and hereby made
a part of this MOU.
4.2 By accepting this MOU, the City and Foothill Transit recognize that
it is impractical to make provisions for every contingency that may
arise during the term of this MOU. The City and Foothill Transit
agree in principle that the MOU shall operate with fairness and
without detriment to the interest of all Parties, and if in the course of
the performance of this MOU, an infringement of this principle is
Bus Priority Signal Project
Memorandum of Understanding
City of Arcadia
anticipated or disclosed, the City and Foothill Transit shall promptly
meet in good faith and shall determine what actions need to take
place to remove the cause or causes of such infringement.
4.3 Each of the parties to this Agreement is a public entity. In
contemplation of the provisions of Section 895.2 of the Government
Code of the State of California imposing certain tort liability jointly
upon public entities, solely by reason of such entities being parties
to an Agreement as defined by Section 895 of said Code, the
parties hereto, as between themselves, pursuant to the
authorization contained in Section 895.4 and 895.6 of said Code
will each assume the full liability imposed upon it or upon any of its
officers, agents, or employees by law, for injury caused by a
negligent or wrongful act or omission occurring in the performance
of this Agreement, to the same extent that such liability would be
imposed in the absence of Section 895.2 of said Code. To achieve
the above - stated purpose, each party indemnifies and holds
harmless the other party solely by virtue of said Section 895.2. The
provision of Section 2778 of the California Civil Code is made a part
hereto as if fully set forth herein.
4.4 This MOU shall be subject to, governed by, and construed and
interpreted solely according to the laws of the State of California.
The Parties hereby consent and submit to the jurisdiction of the
appropriate courts of California or of the United States having
jurisdiction in California for adjudication of any suit or cause of
action arising under or in connection with the MOU, or the
performance of the MOU by either, and agree that any such suit or
cause of action may be brought in any such court.
Bus Priority Signal Project
Memorandum of Understanding
City of Arcadia
4.5 Since the Parties or their agents have participated fully in the
preparation of this MOU, the language of this MOU shall be
construed simply, according to its fair meaning, and not strictly for
or against any. Any term referencing time, days or period for
performance shall be deemed calendar days and not workdays. All
references to the City include all personnel, employees, and other
officials of the City. All references to Foothill Transit include its
elected officials, officers, agents, volunteers and independent
contractors who serve as Foothill Transit officers, officials, or staff
except as otherwise specified in this Agreement. The captions of
the various sections and paragraphs are for convenience and ease
of reference only, and do not define, limit, augment, or describe the
scope, content, or intent of this Agreement.
4.6. No supplement, modification, or amendment of this Agreement
shall be binding unless executed in writing and signed by both
Parties.
4.7. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or
condition. No waiver, benefit, privilege, or service voluntarily given
or performed by a [Party] shall give the other any contractual rights
by custom, estoppel, or otherwise.
4.9 There are no intended third beneficiaries of any right or obligation
assumed by the Parties.
4.9. The Parties shall fully cooperate with one another, and shall take
any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this
Agreement.
4.10 If any portion of this MOU is declared as invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
4.11 Each [Party] warrants that the individuals who have signed this
MOU have the legal power, right, and authority to make enter into
this MOU and bind each respective.
4.12 This MOU contains the entire agreement of the Parties with respect
to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
Bus Priority Signal Project
Memorandum of Understanding
City of Arcadia
IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by
their duly authorized representatives as of the dates indicated below:
FOOTHILL TRANSIT:
By:
Doran J. a
Executive Directo
APPROVED AS TO FORM:
Edward J. Gill,
Special Legal Co el to
CITY:
hill Transit
//- I K-
Date:
Date: Id a -a) 61
By: Din Pe-'V�,-
Don Penman Date:
City Manager
APPROVED AS TO FORM (OPTIONAL):
n
By `+
Stephen P. Deitsch Date: ID (0/0 9
City Attorney