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HomeMy WebLinkAbout2020-12-14 City Council Agendas (16) City of Palo Alto (ID # 11709) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/14/2020 City of Palo Alto Page 1 Council Priority: Transportation and Traffic Summary Title: Agreements with MTC, AC Transit, and Neighboring Cities for Dumbarton Corridor Transit Improvements Title: Approval of (1) a Cooperative Agreement With Stakeholder Cities (including Palo Alto) and AC Transit; and (2) Memorandum of Understanding With AC Transit, MTC, and Other Partnering Agencies for the Dumbarton Express Corridor Transit Signal Priority Project From: City Manager Lead Department: Transportation Department Recommendation Staff recommends that Council approve and authorize the City Manager to enter into the following inter-agency agreements to contribute staff time to improve transit service along the Dumbarton Corridor: 1. Cooperative Agreement (Attachments A and B) as a Stakeholder Agency with the Cities of Fremont, Menlo Park, and Union City, and AC Transit as part of the Dumbarton Bridge Corridor Transit Travel Time Improvement Project. 2. Memorandum of Understanding (Attachment C) between the City, AC Transit, MTC, and other Partnering Agencies for the Dumbarton Bridge Corridor Transit Travel Time Improvement Project (MOU). Executive Summary AC Transit currently operates three regional bus routes that connect Palo Alto to the East Bay: the Dumbarton Express (DB), Dumbarton Express 1 (DB1), and the Stanford U Line. In 2018, AC Transit, along with the Cities of Palo Alto, Menlo Park, Fremont, and Union City jointly and successfully applied for a funding grant sponsored by the Metropolitan Transportation Commission (MTC) for a project to design, construct, and implement transit signal priority along the Dumbarton Corridor in order to improve transit operations and performance. The Dumbarton Corridor runs between the Union City BART station and Stanford University, crossing the Dumbarton Bridge. The recommendation for this project is to enter into a Cooperative Agreement with the other Stakeholder Agencies and into an MOU with AC Transit. The Cooperative Agreement is for fifteen (15) years and will end in 2035. The MOU is for eight City of Palo Alto Page 2 (8) years and terminates on January 1, 2028. The MOU is an agreement between AC Transit and each of the partnering agencies that we are committed to working together to improve the management and operation of the corridor’s transportation and transit system. It is not a binding agreement, but a guide for the goals, policies, and procedures of the project corridor. The Cooperative Agreement provides approval to support and cooperatively participate in AC Transit’s design, administration, construction, and operation and maintenance of the Project. Both of these agreements do not constitute approval of the Project, but a commitment to participate in good faith with the development and implementation process. Within Palo Alto, the project consists of transit priority related hardware at twelve (12) signalized intersections, removal/consolidation of two (2) Dumbarton Corridor stops (stops remain for local bus service), and minor bus stop improvements at three (3) bus stops along Lytton Avenue at Kipling Street and at Ramona Street. Transit signal priority would be implemented on Lytton Avenue, High Street between Lytton Avenue and University Avenue, and University Avenue between High Street and Stanford University. Background The Dumbarton Express Transit Corridor provides bus service connecting the East Bay to Palo Alto, the Mid-Peninsula, and the Caltrain Corridor. The Dumbarton Express Bus runs between the Union City Bay Area Rapid Transit (BART) station in Union City and terminates on Palm Drive in Stanford University. The line provides a major connection between the East Bay and University Avenue Caltrain Station in Palo Alto and to the Peninsula. The line generally runs along Decoto Road and Meyers Drive in Union City, California State Route 84 (Dumbarton Bridge) through East Palo Alto, Willow Road in Menlo Park, Middlefield Road, Lytton Avenue, High Street, and University Avenue/Palm Drive in Palo Alto and Stanford. A diagram showing the project limits along the existing bus route are shown in Attachment B Discussion The Dumbarton Express Corridor is an existing, regional bus line service operated by AC Transit. Transit signal priority is a traffic signal operational strategy that involves adjusting traffic signal parameters in real-time to reduce transit travel time and to improve on-time performance. The Cooperative Agreement serves as an agreement between each of stakeholder agencies as a commitment to support and provide staff time for the delivery of the project. The Memorandum of Understanding is an agreement with AC Transit to improve the management and operations of the corridor’s transportation and transit systems. As part of this project, the City of Palo Alto will be required to incorporate transit signal priority hardware and software into its existing traffic signal operations system. Bus GPS hardware will be incorporated into the traffic signal equipment at each signalized intersection along the Project corridor, and software will be incorporated into the City’s centralized traffic signal management software. With transit signal priority, when a bus is behind schedule, a traffic City of Palo Alto Page 3 signal using GPS real-time information may adjust (extend) a green phase by a few seconds to help a bus make it through a green light, whereas, without signal priority, the bus would have had to stop at a red light. In general, this operation is intended to benefit buses that are behind schedule and not for buses that are on time or ahead of schedule. Concurrently, the City is piloting Emergency.Now, an emergency vehicle traffic signal preemption system software. Emergency.Now will be part of the City’s traffic management software package by CUBIC/Trafficware. This is a signal preemption feature that allows for adjustment to twenty-five (25) City intersections along the route of an emergency vehicle to reduce the impact of traffic on the travel time of emergency response vehicles. Both transit signal priority and Emergency.Now are designed to complement each other through an algorithm that prioritizes emergency vehicles above bus service. Project benefits include: • More reliable and efficient transit service within the existing transportation network by optimizing the use of existing roadway capacity; • Reduced transit travel time; • Improved safety and operation of transit; and • Improved air quality associated with reduced traffic congestion. In addition to the traffic signal hardware equipment required for the transit signal priority system, minor bus stop improvements include modification of bus loading areas and/or relocation of bus stop locations at three (3) stop locations in Palo Alto on Lytton Avenue. These improvements consist of relocating a bus stop from the near side to the far side, improvements to the loading area (modifying planter strip), and potential relocation of on-street parking (swap with relocated bus stops). Other agencies along the corridor such as the Cities of Fremont and Menlo Park are anticipating larger-scale improvement to their roadway geometrics and travel lane designations. Physical changes within Palo Alto are expected to be minimal and limited to minor bus stop improvements due to limited right-of-way and room for changes along the project route. AC Transit is in receipt of federal and local funds necessary to implement this project that is estimated to total approximately $15.7 million. All signal hardware equipment implementation and bus stop improvements costs are the responsibility of AC Transit per the Cooperative Agreement. The City’s obligation is to provide on-going operation and maintenance of the traffic signals. The ongoing expenses are estimated to be minimal and will be absorbed by the Office of Transportation’s operating budget. Timeline Immediately after entering the cooperative agreement and memorandum of understanding, MTC and AC Transit will begin an Invitation for Bid (IFB) to construct and implement the transit City of Palo Alto Page 4 signal priority project and is looking to begin construction within the current fiscal year. Resource Impact The anticipated Dumbarton Bridge Corridor Transit Travel Time Improvement Project costs of design, construction, and implementation will be covered by grant funding secured and managed by the project sponsor, AC Transit. Throughout the project, resources required to operate and maintain the transit priority system within Palo Alto are anticipated to be part of the regular management of the Citywide Traffic Signal System. The ongoing expenses are estimated to be minimal and will be absorbed by the Office of Transportation’s operating budget, subject to annual appropriation by the City Council. Policy Implications The City's Comprehensive Plan recommends that alternative transportation modes, sustainable transportation demand management, technology, bus service, and regional collaboration be among the City's top priorities. This contract is consistent with the following Comprehensive Plan goals: • T-1: Create a sustainable transportation system; that emphasizes walking, bicycling, use of public transportation and other methods to reduce GHG emission and the use of single-occupancy motor vehicles. • T-2: Decrease delay, congestion, and VMT with a priority on our worst intersections and our peak commute times... • T-3: Maintain an efficient roadway network for all users. • T-7: Provide mobility options that allow people who are transit dependent to reach their destinations. • T-8: Influence the shape and implementation of regional transportation policies and technologies to reduce traffic congestion and GHG emissions. Stakeholder Engagement This project is anticipated to have negligible noticeable effects on traffic signal operations. Mailings will be sent by AC Transit to residents and businesses in the vicinity of the bus stop modifications are anticipated. Environmental Review As written, the agreements specify that AC Transit is responsible for conducting the environmental review for the project detailed in these agreements. Attachments: • Attachment A: Cooperative Agreement Between Stakeholder Cities (including Palo Alto) and AC Transit • Attachment B: Exhibits_Dumbarton Bridge Corridor Project Coop Agreement_v2 • Attachment C: MOU for Innovative Deployments to Enhance Arterials (IDEA) between Palo Alto and other Parterning Agencies Page 1 of 10 COOPERATIVE AGREEMENT BETWEEN STAKEHOLDER AGENCIES AND AC TRANSIT FOR DESIGN, CONSTRUCTION, OPERATIONS AND MAINTENANCE OF THE DUMBARTON BRIDGE CORRIDOR TRANSIT TRAVEL TIME IMPROVEMENT PROJECT IN FREMONT, UNION CITY, MENLO PARK AND PALO ALTO, CALIFORNIA THIS COOPERATIVE AGREEMENT (“Agreement”) is entered into upon full execution, by and between City of Fremont, City of Menlo Park, City of Palo Alto, and City of Union City (“STAKEHOLDER AGENCIES” and each “STAKEHOLDER AGENCY”), and the ALAMEDA- CONTRA COSTA TRANSIT DISTRICT (“AC TRANSIT”), a special transit district established pursuant to California Public Utilities Code, Section 24501 et seq. The STAKEHOLDER AGENCIES, and AC TRANSIT may be referred to collectively as “PARTIES, or each individually as a “PARTY”. RECITALS A. STAKEHOLDER AGENCIES AND AC TRANSIT, in cooperation with other local, state and federal agencies desire to construct transit-friendly roadway improvements and traffic signalization improvements along Decoto Road in the City of Union City and City of Fremont, Willow Road in the City of Menlo Park and City of Palo Alto and Middlefield Road, Lytton Avenue and University Avenue in the City of Palo Alto as specified in the attached Exhibits A and B, which are incorporated by reference herein (“PROJECT”). The primary purpose of the PROJECT is to improve transit operations and pedestrian access to transit. B. AC TRANSIT represents that it has federal and regional funds committed and available for the implementation of the PROJECT. C. STAKEHOLDER AGENCIES represent that they are ready and able to provide the staff time required to support delivery of the PROJECT. D. AC TRANSIT represents that it will complete the design of the PROJECT and administer the construction of the PROJECT upon the approval and with the support of STAKEHOLDER AGENCY staff. E. The PROJECT will be implemented by AC TRANSIT unless otherwise noted. The PROJECT will improve sidewalks at select bus stops to facilitate pedestrian boarding of buses and upgrade Americans with Disabilities Act (ADA) ramps at select bus stops along the length of the PROJECT. The PROJECT will also upgrade traffic signals with Transit Signal Priority (TSP) technology so that signals can provide transit vehicles an early green phase, or a green phase extension when needed. Other traffic signal improvements include the installation of bus queue- jump signals at select intersections. SECTION I PROJECT DESIGN, CONSTRUCTION, ADMINISTRATION AND MAINTENANCE A. STAKEHOLDER AGENCIES AGREE: 1. To cooperate in the review, approval, and support of AC TRANSIT’s design documents, contract administration, procurement, and to provide resident engineering and inspection during construction, administration services, and any additional reasonable support needed for PROJECT completion. 2. To operate and maintain as installed and be responsible for the operation and maintenance of the elements installed as part of the PROJECT as identified in Exhibit B. 3. To cooperate in AC TRANSIT’s installation of the proposed existing and new bus stops that are part of the PROJECT. Such cooperation shall include designating the identified bus stop areas for use solely by public transit vehicles through the use of regulatory signs, pavement markings, and Report 11709 - Attachment A Page 2 of 10 v2 red-painted curb. The PROJECT will not change ownership or maintenance responsibilities of the existing and new bus stops. AC TRANSIT maintains bus poles. STAKEHOLDER AGENCIES maintain sidewalks and curb. Existing shelters, benches, and trash receptacles, if any, are maintained by STAKEHOLDER AGENCIES or a third party through a contract with STAKEHOLDER AGENCIES. STAKEHOLDER AGENCIES agree to grant an encroachment permit (including all necessary indemnification and insurance) authorizing AC TRANSIT or its contractor to perform all construction activities required by the PROJECT within the STAKEHOLDER AGENCY right -of-way. B. AC TRANSIT AGREES: 1. To be responsible for planning, designing, engineering, constructing, testing, and implementing the PROJECT and to cooperate with STAKEHOLDER AGENCIES and their staff, agents, in planning, designing, engineering, constructing, testing, and implementing the PROJECT, including, but not limited to, the procurement of equipment and software in a manner that allows STAKEHOLDER AGENCIES to utilize, operate, and maintain such equipment and software, including, among other things, rights to utilize support services and enforce warranties. 2. To, at its own expense, handle any environmental reviews and develop and implement a public awareness program to inform the public regarding the PROJECT prior to its implementation. 3. To designate, at its own expense, an AC TRANSIT representative to work with the STAKEHOLDER AGENCIES in coordinating all aspects of the PROJECT including planning, engineering, construction, and installation work. 4. To include a provision in any construction or professional service contracts for the PROJECT that requires the contractor and its subcontractor(s) to defend, indemnify, and hold harmless the STAKEHOLDER AGENCIES from any claims, lawsuits or judgements arising out of the contractor’s negligence or willful acts or omissions arising out of its work under said construction or professional services contracts (with legal counsel reasonably acceptable to the STAKEHOLDER AGENCIES), to the fullest extent permitted by law. 5. To include a provision in any construction or professional service contracts for the PROJECT requiring any contractor to name STAKEHOLDER AGENCIES as an additional insured with endorsements and certifications as to work performed under the construction or professional service contracts. 6. To operate and maintain (replace, as needed) all TSP equipment deployed by the PROJECT within the STAKEHOLDER AGENCY right -of-way. AC TRANSIT will provide necessary equipment and support to maintain TSP system, and all associated cables and equipment for the duration of this Agreement. SECTION II MISCELLANEOUS PROVISIONS THE PARTIES MUTUALLY AGREE: 1. To cooperate, under the terms of this Agreement, in the support, review, and approval of the design, procurement, construction and implementation of the PROJECT. 2. Upon completing and accepting all work on the PROJECT under this Agreement, ownership and title to the materials, equipment and appurtenances will be as provided in Exhibit B, and ownership (If acceptable to STAKEHOLDER AGENCY and provided all warrantees and assurance have been passed on) will automatically vest in each STAKEHOLDER AGENCY for those facilities identified as owned by each STAKEHOLDER AGENCY in Exhibit B. No further Page 3 of 10 v2 agreement will be necessary to transfer ownership as hereinbefore stated. Each STAKEHOLDER AGENCY will be the sole owner and will be responsible for operation and maintenance of the traffic signal and communications equipment as provided in Exhibit B. However, if the equipment listed in Exhibit B requires replacement or upgrade, AC TRANSIT will be responsible for the upgrade or replacement. 3. The parties shall each observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies having jurisdiction over the scope of the PROJECT or any part thereof, including, but not limited to, all laws and regulations regarding public works projects, the provisions of the California Occupational Safety and Health Act, and all federal, state, municipal, and local safety regulations. 4. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties, or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the development, design, construction, operation, improvement or maintenance of State highways and public facilities different or greater than the standard of care imposed by law. 5. Neither AC TRANSIT, nor its directors, officers and employees, shall be responsible for any damage, loss, expense, costs or liability occurring by any act or omission by STAKEHOLDER AGENCIES under or in connection with any work, authority or jurisdiction delegated to STAKEHOLDER AGENCIES under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, each STAKEHOLDER AGENCY shall fully defend, indemnify and save harmless AC TRANSIT, and its directors, officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of any act or omission by the STAKEHOLDER AGENCY under or in connection with any work, authority or jurisdiction delegated to the STAKEHOLDER AGENCY under this Agreement, except those arising by reason of the sole negligence or willful misconduct of AC TRANSIT, its directors, its officers, or its employees. 6. Neither STAKEHOLDER AGENCIES, nor their officers, employees and agents, shall be responsible for any damage, loss, expense, costs or liability occurring by reason of any act or omission by AC TRANSIT under or in connection with any work, authority or jurisdiction delegated to AC TRANSIT under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, AC TRANSIT shall fully defend, indemnify and save harmless the STAKEHOLDER AGENCIES, and their officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of act or omission by AC TRANSIT under or in connection with any work, authority or jurisdiction delegated to AC TRANSIT under this Agreement, except those arising by reason of the sole negligence or willful misconduct of STAKEHOLDER AGENCIES, their officers, or their employees. 7. In the event a STAKEHOLDER AGENCY installs a new signal on a segment that is part of the PROJECT during the term of this Agreement, each such STAKEHOLDER AGENCY is responsible for integrating the new signal with the PROJECT. 8. Except for the obligations for indemnification and dispute resolution, which shall survive termination of this Agreement, obligations under this Agreement will be in effect for 15 years from the date it is fully executed. 9. The parties shall work together in the spirit of good faith and cooperation to successfully implement this Project and Agreement. To the extent there are disagreements between the STAKEHOLDER AGENCIES and AC TRANSIT, those disagreements shall immediately be raised between the parties. Prior to initiating any legal action, the parties hereto agree to meet in good faith to attempt to resolve any dispute through a mediation process conducted by an impartial third party. The parties shall jointly select and engage the efforts of a mediator to help Page 4 of 10 v2 resolve the dispute. The parties shall share the costs of the mediator equally. If the issue still remains unsolved, either party may bring a legal action seeking resolution of the disagreement. However, any and all legal actions may only be brought if the preceding mediation process has been satisfied. 10. In the event a good faith dispute cannot be resolved through the mediation process described in Section II.10 of this Agreement, either the STAKEHOLDER AGENCIES or AC TRANSIT may terminate this Agreement upon 60 days’ prior written notice to the other party. If a STAKEHOLDER AGENCY desires to terminate this Agreement under this provision, such written notice shall be sent by U.S. Postal Service certified mail to: General Manager, AC Transit, 1600 Franklin Street, Oakland, CA 94612. If AC TRANSIT desires to terminate this Agreement under this provision, such written notice shall be sent by U.S. Postal Service certified mail to STAKEHOLDER AGENCY general management address. The termination shall be effective only as to the individual STAKEHOLDER AGENCY providing or receiving the termination notice; the Agreement shall remain in effect as to all other STAKEHOLDER AGENCIES. 11. In the event that this Agreement is terminated by either party before the PROJECT has been completed, AC TRANSIT shall pay only those reasonable costs incurred by the STAKEHOLDER AGENCY for work that could not have been suspended at the time of the notice of termination. AC TRANSIT will reimburse the STAKEHOLDER AGENCY for eligible costs incurred following termination that reasonably were incurred at the time of termination and such additional eligible costs necessary to bring any portion of the outstanding work to a reasonable point of completion following the notice of termination. If there is any question regarding the work to be completed, the parties will discuss the outstanding work and concur on the stage at which the incomplete work will end following the receipt of the notice of termination. 12. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, shall be finally found to be void, invalid, illegal or unenforceable by a court of competent jurisdiction, then notwithstanding such determination, such term or provision shall remain in force and effect to the extent allowed by such ruling and all other terms and provisions of this Agreement or the application of this Agreement to other situations shall remain in full force and effect. Notwithstanding the foregoing, if any term or provision of this Agreement or the application of such material term or condition to a particular situation is finally found to be void, invalid, illegal or unenforceable by a court of competent jurisdiction, then the parties hereto agree to work in good faith and fully cooperate with each other to amend this Agreement to carry out its intent. 13. This Agreement and all work performed thereunder shall be interpreted under and pursuant to the laws of the State of California. The parties agree that the jurisdiction and venue of any dispute arising under this agreement shall be the Superior Court of Alameda County. 14. Neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other. 15. This Agreement shall commence as of the date signed by all the parties and shall continue in effect until the parties reach a mutually agreeable date for termination of the Agreement after all work required by this Agreement has been completed or 15 years from the date it is fully executed, whichever comes first. 16. All of the terms, provisions and conditions of this Agreement, shall be binding upon and inure the parties hereto and their respective successors, assigns and legal representatives. 17. By signing this Agreement, STAKEHOLDER AGENCIES and AC TRANSIT covenant that each presently has no interest, direct or indirect, which would conflict in any manner or degree with the performance of the services called for by this Agreement. STAKEHOLDER AGENCIES and AC TRANSIT further covenant that in the performance of this Agreement no person having any such interest shall be employed by the STAKEHOLDER AGENCY. Page 5 of 10 v2 18. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof, and all such agreements entered into prior hereto are revoked and superseded by this Agreement, and no representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. This Agreement may not be changed, modified, or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect. 19. This Agreement may be executed in any number of original counterpart signature pages, and each counterpart signature page shall be attached to and incorporated in the original agreement. 20. By signing this Agreement, each signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or, if acting on behalf of an entity, the entity upon behalf of which he/she acted, executed this Agreement. Page 6 of 10 v2 Signed by: AC Transit Date __________________________ ___________ Michael Hursh General Manager Approved as to form and content: __________________________ ___________ Jill A. Sprague General Counsel for AC Transit Page 7 of 10 v2 City of Fremont Date __________________________ ___________ Name Title Page 8 of 10 v2 City of Menlo Park Date __________________________ ___________ Name Title Page 9 of 10 v2 City of Palo Alto Date __________________________ ___________ Ed Shikada City Manager Page 10 of 10 v2 City of Union City Date __________________________ ___________ Name Title Report 11709 - Attachment B COOPERATIVE AGREEMENTBETWEEN THE STAKEHOLDER AGENCY AND AC TRANSIT FOR DESIGN, CONSTRUCTION, OPERATIONS AND MAINTENANCE OF THE DUMBARTON BRIDGE CORRIDOR TRAVEL TIME IMPROVEMENT PROJECT Exhibit A: Project Location COOPERATIVE AGREEMENT Exhibit B NO.LOCATION OWNED MAINTAINED (IF DIFFERENT FROM OWNED)Controller TSP (1)Queue Jump (2) 1 Decoto Rd & Meyers Dr Union City --GTT GPS Equipment - 2 Decoto Rd & Alvarado-Niles Rd Union City --GTT GPS Equipment - 3 Decoto Rd & Perry Rd Union City --GTT GPS Equipment - 4 Decoto Rd & Royal Ann Dr Union City --GTT GPS Equipment - 5 Decoto Rd & Paseo Padre Pkwy Fremont -Type 2070 Controller GTT GPS Equipment Signal Heads/ Pavement Loops 6 Decoto Rd & Fremont Blvd Fremont -Type 2070 Controller GTT GPS Equipment Signal Heads 7 Decoto Rd & Ozark River Way Fremont -Type M60 Controller GTT GPS Equipment - 8 Decoto Rd & Cabrillo Dr Fremont -Type 2070 Controller GTT GPS Equipment - 9 Ardenwood Blvd & Ardenwood Terrace Fremont -Type M60 Controller GTT GPS Equipment - 10 Decoto Rd & I-880 NB Ramp Caltrans --GTT GPS Equipment Signal Heads/ Pavement Loops 11 Decoto Rd & I-880 SB Ramp Caltrans --GTT GPS Equipment - 12 Ardenwood Blvd & SR-84 EB and WB Ramps Caltrans --GTT GPS Equipment - 13 University Ave & Bayfront Expy Caltrans ---- 14 Willow Rd & Bayfront Expy Caltrans --GTT GPS Equipment - 15 Willow Rd & Hamilton Ave Caltrans --GTT GPS Equipment - 16 Willow Rd & Ivy Dr Caltrans --GTT GPS Equipment - 17 Willow Rd & O'Brien Dr Caltrans --GTT GPS Equipment - 18 Willow Rd & Newbridge St Caltrans --GTT GPS Equipment - 19 Willow Rd & Bay Rd Caltrans --GTT GPS Equipment - 20 Willow Rd & US 101 NB Off Ramp Caltrans ---- 21 Willow Rd & US 101 SB Off Ramp Caltrans ---- 22 Willow Rd & Durham St Menlo Park --GTT GPS Equipment - 23 Willow Rd & Coleman Ave Menlo Park ---- 24 Willow Rd & Gilber Ave Menlo Park ---- 25 Willow Rd & Middlefield Rd Menlo Park --GTT GPS Equipment - 26 Middlefield Rd & Lytton Ave Palo Alto --GTT GPS Equipment - 27 Middlefield Rd & University Ave Palo Alto --GTT GPS Equipment - BETWEEN THE STAKEHOLDER AGENCIES AND AC TRANSIT FOR DESIGN, CONSTRUCTION, OPERATIONS AND MAINTENANCE OF THE DUMBARTON BRIDGE CORRIDOR TRAVEL TIME IMPROVEMENT PROJECT Page 1 of 2 COOPERATIVE AGREEMENT Exhibit B NO.LOCATION OWNED MAINTAINED (IF DIFFERENT FROM OWNED)Controller TSP (1)Queue Jump (2) BETWEEN THE STAKEHOLDER AGENCIES AND AC TRANSIT FOR DESIGN, CONSTRUCTION, OPERATIONS AND MAINTENANCE OF THE DUMBARTON BRIDGE CORRIDOR TRAVEL TIME IMPROVEMENT PROJECT 28 Lytton Ave & Webster St Palo Alto --GTT GPS Equipment - 29 Lytton Ave & Cowper St Palo Alto --GTT GPS Equipment - 30 Lytton Ave & Waverly St Palo Alto --GTT GPS Equipment - 31 Lytton Ave & Florence Ave Palo Alto --GTT GPS Equipment - 32 Lytton Ave & Bryant St Palo Alto --GTT GPS Equipment - 33 Lytton Ave & Ramona St Palo Alto --GTT GPS Equipment - 34 Lytton Ave & Emerson St Palo Alto --GTT GPS Equipment - 35 Lytton Ave & High St Palo Alto --GTT GPS Equipment - 36 University Ave & High St Palo Alto --GTT GPS Equipment - 37 University Ave-Palm Dr/El Camino Real Ramps Palo Alto --GTT GPS Equipment - NOTES: (1) GTT GPS equipment includes 764 phase selector, GPS radio antenna, cabling, and associated accessories. (2) Queue jump includes transit signal vehicle heads and pavement loop detection (where needed) Intersections #10 through #21 are not part of this agreement. Page 2 of 2 MEMORANDUM OF UNDERSTANDING (MOU) For Innovative Deployments to Enhance Arterials (IDEA) Dumbarton Bridge Corridor Transit Travel Time Improvement Project December 3, 2020 Partnering Agencies: Alameda-Contra Costa Transit District (AC Transit) City of Palo Alto City of Union City City of Fremont City of Menlo Park County of Alameda Stanford University Facebook California Department of Transportation (Caltrans) District 4 Metropolitan Transportation Commission (MTC) Report 11709 – Attachment C Memorandum of Understanding for 1 Dumbarton Bridge Corridor Transit Travel Time Improvement Project V. 1 PREFACE This Memorandum of Understanding (MOU) is a compilation of the goals, policies, and procedures intended to be adopted by all parties to facilitate working together in a coordinated manner to enhance corridor traffic and transit operations on and along Decoto Road, the Dumbarton Bridge, Willow Road, Middlefield Road, Lytton Avenue, University Avenue, and Palm Drive (Dumbarton Express Line DB), herein after referred to as the Corridor, in the cities of Union City, Fremont, Menlo Park and Palo Alto. This MOU will identify the overall roles and responsibilities for the stakeholders during the development and implementation of the Dumbarton Bridge Corridor Transit Travel Time Improvement Project herein after referred to as the Project. The following entities are parties to this MOU: Alameda-Contra Costa Transit District, City of Palo Alto, City of Union City, City of Fremont, City of Menlo Park, County of Alameda, Stanford University, Facebook, California Department of Transportation (Caltrans) District 4, and the Metropolitan Transportation Commission (MTC). The intent of this MOU is to acknowledge the agreement of all partnering agencies to commit to work cooperatively to improve the management and operation of the Corridor’s transportation and transit systems. This MOU is not a legally binding contract – it constitutes solely a guide to the intentions and policies of the partnering agencies for planning purposes. No party shall be entitled to any damages or injunctive relief as a remedy for breaching this MOU. Commitments providing for the payment of funds, supporting services, authorization of specific work phases, operations, and maintenance will be governed by one or more separate agreements. Terms and definitions are provided in Attachment A. Memorandum of Understanding for 2 Dumbarton Bridge Corridor Transit Travel Time Improvement Project V. 1 Table of Contents I. PROJECT DESCRIPTION ..............................................................................................................1 II. PURPOSE OF MOU ....................................................................................................................3 III. PROJECT GOALS & OBJECTIVES ..................................................................................................3 IV. RESPONSIBILITIES .....................................................................................................................3 V. OWNERSHIP AND MAINTENANCE ..............................................................................................5 a. Ownership of Project Components ......................................................................................5 b. Disposition of Federally Funded Assets ................................................................................5 c. Ownership of Data ..............................................................................................................5 d. Operational Expenses .........................................................................................................5 VI. PROJECT DELIVERY ....................................................................................................................5 VII. COSTS & FUNDING ....................................................................................................................7 VIII. TERM ........................................................................................................................................7 IX. NEED FOR ADDITIONAL AGREEMENTS .......................................................................................7 Memorandum of Understanding for 1 Dumbarton Bridge Corridor Transit Travel Time Improvement Project V. 1 I. PROJECT DESCRIPTION The Dumbarton Bridge Corridor Transit Travel Time Improvement Project will extend AC Transit’s Transit Signal Priority (TSP) network across the Dumbarton/SR-84 corridor, install bus queue jump lanes and include other bus stop enhancements to decrease travel time and improve the reliability of transit service between the cities of Fremont, Union City, Menlo Park and Palo Alto. The project seeks to address the rapidly increasing travel demand for high quality transit services across the Dumbarton Bridge due to significant job growth on the peninsula and housing growth in Alameda County. The Dumbarton Corridor is approximately 15 miles long and is the major transbay travel corridor between the East Bay cities of Fremont and Union City and the Peninsula cities of Palo Alto and Menlo Park. It comprises Decoto Road in Union City and Fremont, Willow Road in Menlo Park, and Middlefield Road, Lytton Avenue, and University Avenue in Palo Alto. Three AC Transit lines operate over the Dumbarton Bridge: Dumbarton Express (DB), Dumbarton Express 1 (DB1), and the Stanford U Line, which offers transbay service from Fremont BART Station to Stanford University. Besides funding a portion of Line U service, Stanford University also operates Line AE-F along the corridor. There are also a significant number of private shuttles operating along the corridor. This Project was developed in partnership with AC Transit, the cities of Union City, Fremont, Menlo Park, and Palo Alto, the County of Alameda, California Department of Transportation (Caltrans) District 4, Stanford, Facebook, and the Metropolitan Transportation Commission (MTC). Generally, improvements will include: Corridor-wide Transit Signal Priority (TSP), signal coordination, relocation of key bus stops from near side to far side, queue jump signals, and upgrades to traffic signal hardware and software. The Project includes the following specific elements: • Purchase of 30 Global Traffic Technologies (GTT) Global Positioning System (GPS) TSP Systems for buses running along the Dumbarton Corridor. • Enhancements at 20 bus stops along the Corridor. • Five (5) queue jump signals to enable buses to bypass congestion at signalized intersections. • Upgrade of three (3) signalized intersections for TSP communication with DB buses in Union City • Upgrade of five (5) signalized intersections for TSP communication with DB buses in Fremont • Upgrade of fifteen (15) signalized intersections for TSP communication with DB buses in Palo Alto and one signalized intersection under Stanford jurisdiction. The upgraded roadside units will be compatible with Palo Alto’s existing signal technology and capable of supporting DSRC (Dedicated Short Range Communications) and other types of Intelligent Transportation Systems (ITS) in anticipation of future technological upgrades along Palo Alto’s arterials. • Upgrade of ten (13) signalized intersections for TSP communication with DB buses with Caltrans right of way (CA-114/Willow Road). • Upgrade of two (2) signalized intersections for TSP communication with DB buses in Menlo Park The Project benefits include: Memorandum of Understanding for 2 Dumbarton Bridge Corridor Transit Travel Time Improvement Project V. 1 • More reliable and efficient transit service within the existing transportation network by optimizing the use of existing roadway capacity; • Reduced transit travel time; • Improved safety and operation of transit; and • Improved air quality associated with reduced traffic congestion. TSP improvements to the transit schedule will not only benefit DB ridership, but also DB1, AC Transit’s Line U, AC Transit’s local routes on Decoto Road, and Stanford’s Line A-EF. Should Facebook and Stanford University decide to equip their buses with TSP emitters and utilize the TSP network, the shuttle system will be more predictable and encourage shared modes of transportation, decreasing SOV trips along the DB corridor. Memorandum of Understanding for 3 Dumbarton Bridge Corridor Transit Travel Time Improvement Project V. 1 II. PURPOSE OF MOU This MOU serves the following purposes: • Confirm commitment for project support from all partnering agencies; • Articulate key operations and maintenance (O&M) principles for continuing project development; • Outline the framework for multi-agency cooperation, collaboration, and conflict resolution; and • Clarify ownership, operation, and maintenance in preparation for separate agreements. III. PROJECT GOALS & OBJECTIVES The Project strategies pursued herein shall: 1. Reduce overall transit travel time along the Corridor during peak period operation. 2. Enhance trip reliability by providing consistent and predictable travel and layover times on the Corridor. 3. Cooperatively operate, manage and maintain all elements installed as part of the Project in an integrated and coordinated manner. 4. Develop and maintain a seamless and coordinated signal timing for the Corridor. 5. Cooperatively identify and address any adverse impacts in a timely fashion. 6. Implement methods to mitigate and respond to adverse impacts. 7. Ensure ongoing communication among partnering agencies for timely review and proactive/ appropriate communication with the public, media, and elected officials. 8. Monitor, evaluate, and report on project performance to ensure compliance with goals and objectives. 9. Facilitate cooperative activities that ensure sustaining benefits from the Project. IV. RESPONSIBILITIES This MOU sets forth the roles and responsibilities of the partnering agencies in the development, delivery, implementation and operations/maintenance of the Project. As the Project Sponsor and the lead design agency, AC Transit will be responsible for the following functions: 1. Project delivery, program administration and management, 2. Grant management, 3. Overall design, engineering, construction, and contract management for the TSP system, 4. Developing a corridor-wide signal timing plan, 5. Promoting efficient and effective system operations and management, 6. Environmental review, 7. Project public outreach and stakeholder coordination, Memorandum of Understanding for 4 Dumbarton Bridge Corridor Transit Travel Time Improvement Project V. 1 8. Developing necessary agreements which will, where appropriate, list agencies as third party beneficiaries, e.g., as to any warranties. (See matrix on p. 8). AC Transit will assist Caltrans in developing necessary agreements, as needed, 9. Construction management, 10. Managing the delivery of capital project elements of the program, 11. Providing staff and funding to facilitate proactive management of the Project, 12. Operations and maintenance of all TSP components on AC Transit buses, and 13. Development of operation and maintenance plan for all field TSP components. General coordination among all partner agencies. Cities of Fremont, Union City, Menlo Park, and Palo Alto, Alameda County and Caltrans are expected to assume the following responsibilities for the Project: 1. Timely design and engineering review, 2. Timely approval of final design package, 3. Cooperation with all partnering agencies to develop traffic operations strategies to efficiently and effectively move traffic along the corridor and develop cost-effective signal systems, 4. Participation in corridor-wide timing plan development and timely review of final timing plans, 5. Implementing timing plans and periodically reviewing changes when updates are made within the agency’s own jurisdiction, 6. Providing for effective Transit Signal Priority (TSP) operations and maintain transit preferential treatments along the Corridor, 7. Cooperation in the development of Operations and Maintenance plans for all field traffic systems within the agency’s own jurisdiction, 8. Notifying all participating agencies when service interruptions occur that could affect system operations, 9. Implementation and maintenance of the Corridor-wide signal timing plan to promote effective transit and traffic operations, 10. Cooperating in good faith with partner agencies as to issuing timely authorizations needed, such as encroachment permits for construction, rights of entry, or no-cost license, 11. Granting AC Transit or its contractor all appropriate construction permits and/or encroachment permits to perform all construction, 12. Providing on-going operations and maintenance activities for equipment deployed by the Project within the agency’s right-of-way, and 13. Support Construction management and/or inspection, and provide final punch-list signoff for timely project closeout. As the funding agency and Program Manager of the Innovative Deployments to Enhance Arterials (IDEA) program, MTC will be responsible for the following: 1. Overall oversight of IDEA Program, 2. Systems Engineering, 3. General coordination among all partner agencies. Memorandum of Understanding for 5 Dumbarton Bridge Corridor Transit Travel Time Improvement Project V. 1 V. OWNERSHIP AND MAINTENANCE a. Ownership of Project Components AC Transit will transfer ownership of all assets constructed, installed or integrated, to the jurisdiction within respective rights-of-way, or otherwise installed in, or upon such, partnering agency’s real or personal property. Exceptions include: AC Transit shall be responsible for the ownership, operation, maintenance and repair of all TSP components on AC Transit buses. AC Transit will develop plans for long-term operations and maintenance of TSP field equipment within separate jurisdictions. b. Disposition of Federally Funded Assets AC Transit is responsible for ensuring “Satisfactory Continuing Control” of assets funded with Federal Highway Administration (FHWA) dollars. This means in effect that as the primary grantee, AC Transit is responsible for the assets regardless of possible transfer of ownership. AC Transit must have plans or agreements for continued operation and maintenance of FHWA funded assets throughout their useful life, particularly if ownership or oversight is transferred to a different local government agency. It also means that the assets must continue to be used to benefit public transit operations throughout their useful life. Any destruction, disposal, significant modifications to, or changes in use of FHWA funded assets must be reported to AC Transit and the FHWA. c. Ownership of Data Each partnering agency will own any and all data collected by components installed within its respective equipment or located within its respective jurisdiction or rights-of-way. Each partnering agency will grant all other parties a nonexclusive license to use, reproduce, distribute, display, and create derivative works based upon such data for any non-commercial governmental function to the extent possible with the traffic control systems. d. Operational Expenses AC Transit will develop Operation and Maintenance agreements between all partnering agencies to incorporate maintenance of all TSP components into their regularly scheduled maintenance programs. Each partnering agency’s responsibilities will be defined in the Operations and Maintenance agreements related to the maintenance, repair, replacement, and operating expenses of any kind associated with ownership of its respective components after the launch date. VI. PROJECT DELIVERY AC Transit will lead overall project delivery, including design, engineering, and construction. MTC will lead the System Engineering - Concept of Operations Lite Report. All other activities will be led by AC Transit. The Project will use a Design-Bid-Build delivery method. The partnering agencies will collaborate with AC Transit to develop and implement a successful project. Additionally, the partnering agencies will provide Memorandum of Understanding for 6 Dumbarton Bridge Corridor Transit Travel Time Improvement Project V. 1 input at critical stages throughout the Project. The following outline summarizes how the Project will be fully developed and critical stages when comments will be solicited from the partnering agencies. Concept of Operations Lite Report: As part of the Systems Engineering process, a report will outline a brief concept of how the proposed system will operate. A user-oriented operational description will outline brief operational needs, system overview, operational and support environment, operational scenarios, and a summary of impacts. The development of this document will be led by MTC through the project’s Design Engineering consultant and prepared through a close collaboration with the project partners. Public Outreach Plan: In coordination with the partnering agencies, AC Transit will develop a communication plan to solicit input from the public and stakeholders and to disseminate periodic project information. Preliminary Engineering: Conceptual plans of all capital improvements will be developed based on input from the partners. The proposed capital improvements will be presented to the public and elected officials for their comments and approval. Environmental Document: This Project requires official federal, state, and environmental approvals as well as consensus from all the partnering agencies and the public. The Project will prepare supporting documentation to claim a categorical exemption under the California Environmental Quality Act (CEQA) and a categorical exclusion under the National Environmental Quality Act (NEPA). The Project meets the requirements of the categorical exemption and categorical exclusion because the proposed improvements include only minor alterations to existing roadway and transit features along an existing bus corridor within existing roadway right-of-way. Traffic Studies: Traffic studies summarizing existing traffic conditions, proposed alternatives, traffic forecasts, and modeling results will be prepared as part of the project development process. The partnering agencies will participate in reviewing, commenting and recommending approval of these documents. Design Plans and Bid Package: Once the Preliminary Engineering, Traffic Studies, and Environmental Documents are completed and fully vetted, the Project will move forward to the design phase. The design plans will be submitted to the partnering agencies for review and input at the following stages: 65% and 100%. The partnering agencies will provide expeditious review of submittals at each stage in the Project. Construction: AC Transit will advertise, award, and administer the construction contract of this Project. Pre-construction: AC Transit will work with all partnering agencies in final approval of design, construction, and signal timing. A contractor awarded for construction will obtain encroachment permits from Union City, Fremont, Menlo Park, Palo Alto, and Caltrans, which will allow construction within each jurisdictional boundary. Memorandum of Understanding for 7 Dumbarton Bridge Corridor Transit Travel Time Improvement Project V. 1 Evaluation: MTC will be conducting a comprehensive evaluation to assess the impacts/benefits of the Project, including traffic operations, system operation, and maintenance, and project deployment. Operations and Maintenance (O&M) Plan: The plan will provide operational scenarios with cost of operations, maintenance, and management for each agency along the Corridor. This information will then be used to help develop final agreements with each partnering agency. All regular operations and maintenance will be in accordance with the Project O&M Plan. The O&M Plan addresses standard operation policies and procedures for the Project with respect to: day-to-day operation, coordinated signal timing, transit signal priority, equipment and hardware maintenance, staffing, data ownership, and any other topics necessary for the ongoing operation and maintenance of the project components. The partnering agencies acknowledge the mutual goal of continued operation of the TSP System and will endeavor to effectuate ongoing and continual operation of the TSP. As such, if a partnering agency feels the portion of the TSP that is within its jurisdiction is ineffective and not meeting its needs, these issues must be discussed and resolved before the TSP is disconnected (barring any emergency or safety-related issues). VII. COSTS & FUNDING The MOU is not intended to authorize funding. Commitments providing for the payment of funds or authorizing specific work phases will be covered by a binding cooperative agreement with each partnering agency. Upon executing all cooperative agreements, the final design phase of the Project will be completed. Funding commitments may take into account improvements made by a partnering agency that directly benefit the Project. VIII. TERM This MOU is in effect as of December 1, 2018 and will terminate on January 1, 2028, unless the terms are modified by the respective participating City Councils or Governing Boards. IX. NEED FOR ADDITIONAL AGREEMENTS Various binding agreements are anticipated to be developed and executed to address implementation of construction phase, and maintenance arrangements, liabilities, or any other legal issues. Memorandum of Understanding for 8 Dumbarton Bridge Corridor Transit Travel Time Improvement Project V. 1 Table 1: Summary of Agreements Execution Order Agreement MT C AC T r a n s i t Ca l t r a n s Un i o n C i t y Fr e m o n t Me n l o P a r k Pa l o A l t o St a n f o r d Fa c e b o o k 1 MOU - general consensus of project scope, establish roles and responsibilities of each agency, etc. x x (lead) x x x x x x x 2 Funding Agreement – establishes understanding of funding participation/contribution x x (lead) x x 3 Cooperative Agreement - establishes on-going O&M responsibilities and cooperative support throughout project delivery x (lead) x x x x 3a Operations Agreements establishes on-going O&M responsibilities, for Caltrans intersections, for TSP x (assist) x (lead) 4 Encroachment Permit for Caltrans intersections x (lead) x x x 5 Transfer Agreement - Transfer of ownership of TSP/Signal equipment procured by AC Transit to local agencies x (lead) x x x x x Memorandum of Understanding for 9 Dumbarton Bridge Corridor Transit Travel Time Improvement Project V. 1 The following agencies support the Memorandum of Understanding for the Dumbarton Bridge Corridor Transit Travel Time Improvement Project: Signed by: AC Transit Date __________________________ ___________ Michael Hursh General Manager Approved as to form and content: __________________________ ___________ Denise Standridge General Counsel for AC Transit Memorandum of Understanding for 10 Dumbarton Bridge Corridor Transit Travel Time Improvement Project V. 1 City of Union City Date __________________________ ___________ Name Title Memorandum of Understanding for 11 Dumbarton Bridge Corridor Transit Travel Time Improvement Project V. 1 City of Fremont Date __________________________ ___________ Name Title Memorandum of Understanding for 12 Dumbarton Bridge Corridor Transit Travel Time Improvement Project V. 1 City of Menlo Park Date __________________________ ___________ Name Title Memorandum of Understanding for 13 Dumbarton Bridge Corridor Transit Travel Time Improvement Project V. 1 City of Palo Alto Date __________________________ ___________ Name Title Memorandum of Understanding for 14 Dumbarton Bridge Corridor Transit Travel Time Improvement Project V. 1 Stanford Date __________________________ ___________ Name Title Memorandum of Understanding for 15 Dumbarton Bridge Corridor Transit Travel Time Improvement Project V. 1 Facebook Date __________________________ ___________ Name Title Memorandum of Understanding for 16 Dumbarton Bridge Corridor Transit Travel Time Improvement Project V. 1 Caltrans District 4 Date __________________________ ___________ Min Y. Lee Branch Chief of Traffic Signal System Support Memorandum of Understanding for 17 Dumbarton Bridge Corridor Transit Travel Time Improvement Project V. 1 Metropolitan Transportation Commission Date __________________________ ___________ Steve Heminger Executive Director Memorandum of Understanding for Page 18 Dumbarton Bridge Corridor Transit Travel Time Improvement Project ATTACHMENT A GLOSSARY OF TERMS AND DEFINITIONS AC Transit – Alameda -Contra Costa Transit District Caltrans – the State of California Department of Transportation, District 4 CEQA – California Environmental Quality Act Corridor – Hesperian Boulevard, Union City Boulevard, Alvarado Boulevard, Dyer Street, Alvarado-Niles Road, and Decoto Road FHWA – Federal Highway Administration MTC - Metropolitan Transportation Commission MOU – Memorandum of Understanding NEPA – National Environmental Protection Act O&M – Operations and Maintenance Project –As described in the Project Description section Partnering Agencies – Agencies participating in this MOU Transit-oriented Signal Coordination – A traffic operations strategy of synchronizing traffic signal timing plans to account for transit operations along the corridor a priority over vehicular traffic. Signal Interconnect – Connecting traffic signals along a corridor using copper, fiber, or wireless media to enable data transfer and communication. Signal Timing Plans – Traffic signal operational parameters to program traffic signal controllers. Transit Signal Priority (TSP) – Equipment installed on transit vehicles and at the signalized intersections that communicates with the traffic signal to grant an early green or green extension.