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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