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02-002 MOU Intelligent Transportation SystemsCITY OF SAN JOSE, CALIFORNIA Office of the City Clerk 801 North First Street, Room 116 San Jose, California 95110 Telephone 1 (408) 277-4424 FAX 1 (408) 277-3285 CITY CLERK February 21, 2002 Janice Carey City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 RE: Silicon Valley -Intelligent Transportation Systems (SV-ITS) Program Memorandum of Understanding Enclosed for your records is the executo~.y copy of the above referenced agreement, approved by the City Counci]. of the City of San Jose on September 18, 2001. If you have questions regarding this matter, please call me at 277-8616. Thank you for your assistance. ~~~?~~ i Robyn Joseph Legal Support Division Office of the City Clerk Enclosure ~/~~~o , 7o~iS- MEMORANDUM OF UNDERSTANDING among California Department of Transportation, California Highway Patrol, City of Campbell, City of Cupertino, City of Fremont, City of Milpitas, City of San Jose, City of Santa Clara, County of Santa c~lara, Metropolitan Transportation Commission, Santa Clara Valley Transportation Authority, and the Town of Los Gatos for the Silicon V~rlley -ITS Program This Memorandum of Understanding ("MOU") is entered into on the date that this MOU is fully executed by and between the California Department of Transportation ("Caltrans"), California Highway Patrol ("CHP"), City of Campbell, City of Cupertino, City of Fremont, City of ~~lilpitas, City of San Jose, City of Santa Clara, County of Santa Clara, Metropolitan Transportation Commission ("MTC"), Santa Clara Valley Transportation Authority ("VTA"), and the Town of Los Gatos (collectively "The Parties") relating to the Silicon Valley -Intelligent Transportation Systems Program ("Program"). I. GENERAL A. The purpose of this MOU is to ackn~~wledge the agreement of all named Parties to work cooperatively in the deJelopment and implementation of intelligent transportation systems ("ITS") projects in the Silicon Valley (portions of Santa Clara and Alameda counties and specifically the SV- ITS Project/Program) and specifically the Program. B. This MOU establishes the process to set up a board and committee to guide the Program, and identifies the anticipated roles and responsibilities of each Party in this process. It is tFie intent of the Parties that this MOU constitutes solely a guide to the intentions and policies of the Parties. The Parties acknowledge and agree that: funding, Project efforts and the identification of specific duties and responsibilities with regard to implementing the Program will be accomplished through future agreements between all, or various members, of the Parties. C. Through the Program, the Parties to this MOU will coordinate the activities necessary for the Program's develo~~ment and implementation into their respective traffic and transit management systems and to participate in the real-time exchange of transport~rtion data and information with each other to support regional transportation management. D. To improve the efficiency and effectiveness of the overall transportation system, the Program will deploy projects to permit multi-agency coordination of traffic operations along freeways, expressways and arterials in Santa Clara County and neighboring counties. The Program objectives are: SILICON VALLEY-ITS PROGRAM MEMORANDUM OF UNDERSTANDING PAGE 2 1. Improved multi-jurisdictional i:raffic signal coordination, including the use of signal timings that provide superior response to or adapt to traffic conditions. 2. Improved ability to respond t~~ traffic incidents. 3. Improved ability to manage traffic flows associated with incidents and congestion on area roadways. 4. Better integrated transportation system that considers all travel modes (automobile, transit, bicycle and pedestrian). 5. Better and more reliable real-time traveler information. E. The Parties to this MOU endorse the concept of systems integration based on the National ITS Architecture and Standards, and will endeavor to follow those ITS Architecture and Standards to the greatest degree possible and they will cooperate to ensure that the development of the Program promotes regional deployment, supports regional projects, and supports inter-operability. F. The Parties to this MOU endorse the concepts and preliminary systems outlined in the Highway 17/880 Smart Corridor Feasibility Study prepared by DKS Associates and dated November 1994. Future ITS implementations will be developed cooperatively, when appropriate, by the Parties. A Concept of Operations report will be prepared for such efforts under the direction of the participating Parties through the Program's Steering Committee bef~~re implementation occurs. This will ensure that all Parties agree to the goals and strategies outlined in the report prior to implementation. G. This MOU sets forth the intentions and policies of the Parties. It is not intended to authorize encumbrancc; of resources or funding. Responsibilities for constructing and managing the Program projects will be covered by one or more separate agreements. As the Program is intended to be grant funded, there may be the need to obtain local matching funds or other types of contributions to achieve full funding. II. COMMITTEES A. PROGRAM POLICY ADVISORY E3OARD Role: A Policy Advisory Bo<~rd ("Board") will be responsible for maintaining high-level supp~~rt for the Program and resolving policy differences between Party ~~gencies that cannot be addressed by the Committee, as defined t~elow. SILICON VALLEY-ITS PROGRAM MEMORANDUM OF UNDERSTANDING PAGE 3 2. Members: The Board will consist of staff designated by each of the Parties to this MOU. An executive or senior staff level person will represent each Party on the Board. 3. Meetings: The Board will meet as frequently as it determines to be necessary, approximately every 6 months, to provide guidance and recommendations to the Committee. The recommendations will permit implementation of the Program in a manner that reflects and accommodates the policies of the Parties impacted by decisions. Each Party will ensure that tF~e appropriate staff person, who can advise on agency policy, attend the Board meetings. The Program's direction and goals are representative of the collective opinion; therefore decisions ~Nill be made by consensus. If a recommendation cannot be developed within existing policy, the Board members will pursue K>olicy changes within their agencies or develop alternative recommendations to accommodate implementation of the Progr~im. B. PROGRAM STEERING COMMITTI.E Role: A Program Steering Committee ("Committee"), referred to as the Project Technical Team in the previous MOU, will be responsible for the day-to-day activities of designing, implementing, and operating the Program projects, including preparation of preliminary engineering desil~n, plans and specifications, right-of- way and environmental reviews, development and implementation of operating plans, and construction management. The Committee will informally approve the final Program plans and specifications to be used for construction of each project prior to submission of such plans and specification to the appropriate agency for formal approval. Depending on project scope, the Committee may choose to establish sub-committees that better reflect the involvement of agencies in a particular projE:ct. 2. Members: The Committee will be composed of staff members from each of the Parties to this M~DU. Each Party agency will use its best efforts to have a staff member attend regularly scheduled Committee meetings. 3. Meetings: The Committee will meet as frequently as it determines to be necessary, but at least every 6 weeks, to discuss Program and project-specific issues. Each agency will ensure senior staff or designated representatives <~re available to attend and can address specific issues on the Committee's agenda. SILICON VALLEY-ITS PROGRAM MEMORANDUM OF UNDERSTANDING PAGE 4 Decisions will be made by consensus; disagreements that are not resolved and that may impede implementation of a Project will be brought to the Board for resolution. When coordination is needed with other entities, that are not parties hereto, such as neighboring jurisdictions, congestion management agencies, or counties, those entities shall be invited to participate in Committee discussions as needed. 4. Additional Parties: As the Program pursues projects to further integrate transportation marn~gement systems in the Bay Area, it will be necessary and advan~rageous for additional agencies to become party to this MOU. Projects implemented as part of the Program are multi-jurisdictional in nature and focus on transportation management. The Parties to this MOU acknowledge that additional agencies may subsequently join the Program and become a signatory to this N10U once a project's scope has been developed and a funding sorarce identified and approved by the Committee. The Committee will develop an amendment that identifies the anticipated rolE:s and responsibilities of the new party. An amendment adding a ne~N party shall be effective once it is properly executed by the ne~~v party and the Policy Board members from each participating Part/ agency. 5. Ex-Officio Members: As the agency has no physical right-of-way that necessitates a role in the construction/implementation process, the California Highway Patrol and MTC will serve as ex-officio members of the Committee. III. ANTICIPATED ROLES A. City of San Jose -San Jose intendls to be the Program Manager and the lead design agency, to manage thE: delivery of design project elements of the Program. San Jose intends to make available sufficient staff to oversee design contracts and provide program management services. Specifically, San Jose intends to provide the following elements of the Program: ^ Consultant contract management ^ Program administration and management ^ Development of Plaris, Specifications & Estimates (PS&E) ^ Program agreement development ^ Design/engineering review services ^ Grant management ^ Construction management (when applicable) ^ System operations and management SILICON VALLEY-ITS PROGRAM MEMORANDUM OF UNDERSTANDING PAGE 5 ^ Systems engineering ^ Pursuit of funding for program projects and on-going operations ^ Agendizing and chairing Board and Committee meetings ^ Ensuring coordination with regional ITS programs, including traveler information, wihere applicable. ^ A viable traffic signal :system information ^ Signal timing plans ^ Right-of-way clearances ^ Participation in public relations efforts, including representation of the Program in regional and national venues. B. VTA -VTA intends to provide the following elements of the Program: ^ County-wide planning ^ Right-of-way clearances ^ Pursuit of funding for program projects and on-going operations ^ Supporting grant management activities ^ Design/engineering review ^ Systems engineering ^ System operations and management ^ Ensuring objectives, rc~quirements and standards of the agency ^ Ensuring coordination of regional ITS programs, including traveler information, where applicable ^ Participation in public relations efforts, including representation of the Program in regional and national venues. C. Town of Los Gatos Cities of Camot~ell, Santa Clara, Milpitas Cupertino and Fremont -These Parties interns to provide the following elements of the Program: ^ Design/engineering re~~iew ^ System operations anti management ^ Systems engineering ^ Construction management (when applicable) ^ Ensuring objectives, rE~quirements, and standards of each participant agency ^ Ensuring coordination with regional ITS programs including traveler information, whhere applicable. ^ A viable traffic system information ^ Signal timing plans ^ Right-of-way clearances ^ Participation in public relations efforts, including representation of the Program in regional and national venues. SILICON VALLEY-ITS PROGRAM MEMORANDUM OF UNDERSTANDING PAGE 6 D. Santa Clara County -Santa Clara County intends to be the Construction Manager, and to manage the delivE:ry of capital project elements of the Program. Santa Clara County intends to make available sufficient staff to manage awarded construction con1rracts for Program work. Santa Clara County intends to provide the following elements of the Program: ^ Design/engineering rE~view ^ System operations and management ^ Systems engineering ^ Construction management (when applicable) ^ Ensuring objectives, requirements, and standards of each participant agency ^ Ensuring coordination with regional ITS programs including traveler information, vvhere applicable. ^ A viable traffic system information ^ Signal timing plans ^ Right-of-way clearances ^ Participation in public relations efforts, including representation of the Program in regional and national venues E. Caltrans -Caltrans intends to provi~~e the following elements of the Program: ^ Design and engineering review ^ System operations and management ^ Systems engineering ^ Construction management (when applicable). ^ Ensuring objectives, requirements, and standards of the agency ^ Ensuring coordination with regional ITS programs including traveler information, vrhere applicable. ^ A viable traffic systern information ^ Signal timing plans ^ Right-of-way clearances ^ Participation in public relations efforts, including representation of the Program in regional and national venues. F. MTC -MTC intends to provide regional transportation planning, programming, and coordination. MTC shall assist with coordination of regional ITS programs, including tr~~veler information, where applicable. G. California Highway Patrol - CHP irn:ends to provide input on the design and operation of ITS projects with components on the State highway system. SILICON VALLEY-ITS PROGRAM MEMORANDUM OF UNDERSTANDING PAGE 7 IV. TERM This MOU will take effect when fully executed by all of the participating Parties and will terminate on August 1, 2005, unless Policy Board members from each participating Party agency unanimously ~igree to modify the term date, in writing, for a period not to exceed four years. This MOU may also be executed in counterparts. IN WITNESS WHEREOF, the Parties have executed this MOU. CALIFORNIA DEPARTMENT OF TRANSPORTATION, DISTRICT 4 RANDELL H. IWASAKI Acting District Director DATED: f ° ~ ~ ~ ~ ~ / SILICON VALLEY-ITS PROGRAM MEMORANDUM OF UNDERSTANDING PAGE 7 IV. TERM This MOU will take effect when fully executed by all of the participating Parties and will terminate on August 1, 2005, unless Policy Board members from each participating Party agency unanimously ~~gree to modify the term date, in writing, for a period not to exceed four years. This MOU may also be executed in counterparts. IN WITNESS WHEREOF, the Parties h~~ve executed this MOU. CALIFORNIA HIGHWAY PATROL ~~ By ~/. TOM Actin i ision Commander DATED: ~ _ SILICON VALLEY-ITS PROGRAM MEMORANDUM OF UNDERSTANDING PAGE 7 IV. TERM This MOU will take effect when fully executed by all of the participating Parties and will terminate on August 1, 2005, unless Policy Board members from each participating Party agency unanimously ~igree to modify the term date, in writing, for a period not to exceed four years. Tliis MOU may also be executed in counterparts. IN WITNESS WHEREOF, the Parties have executed this MOU. ..:.. . ~.L,IFQRN I~a DEP ARTI~~IENT OF ~.:: r`t TRf1NSPORTATI4N, DISTRYGT 4 , .r; ,> ~ °..a a~ ~; ;~. ~ r ~ }: 4'~~kv~ Y ~ .. «+a~. ~ s L ~ r.' ~a~ ~~~~ . RANDELL H. I~VASAKI : ' _ , ~,.cting DiStrict~Director ` `"r t +ti«r'~ ATED: w ~:> ~f 4-K a~ A..3. ~,~ CITY OF CAMPBELL By BE M. TROJNY City anage APPROVED AS TO FORM: WILLIAM S MANN City Attorney DATED: ~~2y ~~ ..2d D ~ SILICON VALLEY-ITS PROGRAM MEMORANDUM OF UNDERSTANDING PAGE 7 IV. TERM This MOU will take effect when fully executed by all of the participating Parties and will terminate on August 1, 2005, unless Policy Board members from each participating Party agency unanimously agree to modify the term date, in writing, for a period not to exceed four years. Phis MOU may also be executed in counterparts. IN WITNESS WHEREOF, the Parties have executed this MOU. CITY OF FREMONT By 'Z,vJ L DANTZKE Assis nt City Manager APPROVED AS TO FORM: MICHAEL BARRETT Senior Deputy City Attorney DATED: l 1T a- t~O / SILICON VALLEY-ITS PROGRAM MEMORANDUM OF UNDERSTANDING PAGE 8 CITY OF CUPERTINO DAVE KNAPP City Manager ATTEST: KIMBERL MITH City Clerk APPROVED AS TO FO CHARLES KILIAN City Attorney DATED: ~~.i2.cc.c~L~ ~-.~ , Ja o~ SILICON VALLEY-ITS PROGRAM MEMORANDUM OF UNDERSTANDING PAGE 8 CITY OF SAN JOSE BY `R{,~ PETE NSEN ASSISTANT i0 THE CITY MANAGER APPROVED AS TO FORM: `J, GLENN D. SCHW BACH Deputy City Attorne DATED: 1 ~-L~-p ~ MEMORANDUM OF UNDERSTANDING PAGE 8 CITY OF MILPITAS Y THOMAS J SON' City Mana ATTEST: ~~ ~ ~ ~~~ ~-~-;AIL BLALOCK ~ City Clerk APPROVED TO FORM: STEV T. MATTAS City Attorney DATED: ~'Z ~ `y 0 I SILICON VALLEY-!TS PROGRAM MEMORANDUM OF UNDERSTANDING PAGE 8 CITY OF CLIPERTINO ~ - }" ~,~~°° - ~a , r° ; - ~:' d By , 4; , DE1VE KNAPP -~: ~ City Mananer ' ~ ~ "~. ~~~; ~~ F: ~ ATTEST: ~, `' " ~~ ~-- t', '`"/T. KIMBERLY SMITH ` ~ ~~"~ ~~ City Clerk ~ APPROVED AS TO FORD1: ~"i4k,{'' ~~h „. t as . . 5 - , .. ~~~?' CHARLES KILIAN f f.'- City Attorney . , t', t )~f'.t ' Er. DATE: -.', 't '. 5. ...P~. CITY OF SAN JOSE ~~~~~~_' _ ~~ ~_ t `~'~. By }:, ~' , DEL D. BORGSDORF ~ sr City Manager , ~"; % ,:;,_; ~* APPROVED AS TO FORT`1: `"-~{'" ,, ; .~, GLENN D. SCH~VARZBACH `~;`: Deputy City Attorney ~- - s~ {~~ . u ~ , DATED: ~ a~- -. CITY OF MILPITAS ._ ~ - ~ ,',~,~,~i ~~ ~ By 1 `;~ -, . THOMAS J WLLSON ' ~; City Manager ~ ' ~, ATTEST: ~ y.,,,`i JJ "d~,rl f r~_. r.~ - ;' ;~ GAIL BLALOCK ~ , ~~'~,;' ~~ ~ City Clerk ~ - ~ ; ~ s ~ , ~ ~ ~ ' ~ ~' '~ "~' ~~' O FORM: APPROVED AS T a~ + '~ i ,~.:. a _-_ x;41 TOWN OF LOS GATOS By D RA .FIG Town anager APPROVED AS TO FORM: RRY KORB Town Attorney DATED: ~ ~/ j ~ ~ ~ _~~ . SILICON VALLEY-ITS PROGRAM MEMORANDUM OF UNDERSTANDING PAGE 9 SANTA CLARA VALLEY TRANSPORT. ION UT ORITY By PETER M. CIPOLL ~~~~/ General Manager ! " AS TO FORM: [~iE GIFI Counsel DATED: C ~ - ~- ~' 0 ~ SILICON VALLEY-ITS PROGRAM MEMORANDUM OF UNDERSTANDING PAGE 9 COUNTY OF SANTA CLARA B RICHARD WIT ENBE County Executive APPROVED AS TO FORM & LEGALITY: ~-~-~- ~ LESLIE ORTA Deputy County Counsel DATED: ~ ~ _ ~ - ~ SILICON VALLEY-ITS PROGRAM MEMORANDUM OF UNDERSTANDING PAGE 9 CITY OF SANTA CLARA By JENNIF R SPARACINO City Manager ATTEST: ~ c . E. BOCCI -ONE City Clerk APPROVED AS TO FORM AND LEGALITY: h ~~ CHAEL WNE Attorney DATED: /a - /~= 9/ SILICON VALLEY-ITS PROGRAM MEMORANDUM OF UNDERSTANDING PAGE 9 SANTA CLARA VALLEY TRANSPORTATION AUTHORITY By PETER M. CIPOLLA General Manager APPROVED`AS TO FORM: SUZANNE GIFFORD General Counsel , DATED: COUNTY OF SANTA CLARA By RICHARD WITTENBERG County Executive APPROVED AS TO FORM & LEGALITY: LESLIE ORTA Deputy County Counsel DATED: CITY OF SANTA CLARA By JUDY NADLER Mayor By JENNIFER SPARACINO City Manager ATTEST: J. E. BOCCIGNONE City Clerk APPROVED AS TO FORM AND LEGALITY: MICHAEL R. DOWNEY City Attorney DATED: METROPOLITAN TRANSPORTATION COMMISSION By V INGER Executive Director DATED: ~ j ~ ~~ ~U j SILICON VALLEY-ITS PROGRAM Rn:MH y/~~ 8/01 RESOLUTION N0.70615 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE AUTHORIZING THE CIT~f MANAGER TO NEGOTIATE AND EXECUTE VARIOUS AGREEMENTS BETWEEN THE CITY OF SAN JOSE, PROJECT CONSULTANTS, 'AND/OR THE PARTNER AGENCIES OF THE SILICON VALLEY- INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM WHEREAS, the Silicon Valley -Intelligent Trarnsportation Systems Program currently has multiple projects in Santa Clara and Alameda C~~unties; and WHEREAS, the Silicon Valley -Intelligent Tran:~portation Systems Program uses fiber optic technology to link the Traffic Management Cent~:rs of each partner agency to each other for the purpose of sharing information and resourcE~s for regional traffic management; and WHEREAS, the Department of Transportation of the City of San Jose ("City°) is the program administrator and lead design agency for the Siliicon Valley -Intelligent Transportation Systems Program; and WHEREAS, various agreements between the City of San Jose, project consultants, and/or the partner agencies of the Silicon Valley -Intelligent Transportation Systems program need to be processed within the next few months in order to meet grant obligation deadlines for each project; and WHEREAS, the City Council desires to delegate authority to the City Manager to negotiate and execute various agreements between the City of San Jose, project consultants, and/or the partner agencies of the Silicon Valley -Intelligent Transportation Systems Program and grant the City Manager, or the Director of TransF~ortation, the authority to extend the terms of the agreements as necessary. NOW, THEREFORE, BE IT RESOLVED BY THE: COUNCIL OF THE CITY OF SAN JOSE THAT: 159383_2 Res. No. 70615 R~:MH ~~~, sio~ Milpitas, City of Fremont, City of Cupertino, Valley Transportation Authority, California Highway Patrol, and California Department of Transportation at no cost to the City and for a term frorn the date of execution to August 1, 2005; h. Cooperation Agreement for project design and construction implementation with the City of Fremont, City of Milpitas, County of Santa Clara, and California Department of Transportation for 1rhe SV-ITS Fremont -Milpitas Project at no cost to the City and for a term frorn the date of execution to September 30, 2005; i. Cooperation Agreement for project design and construction implementation with the City of Campbell, City of Cupertino, City of Santa Clara, County of Santa Clara, and Califomia Department of Transportation for the SV-ITS West Corridor Project at no cost to the City and for a term from the date of execution to. June 30, 2006. 2. To grant the City Manager, or the Director of the Department of Transportation, the authority to extend the terms of the agreements listed in Section 1 as necessary. ADOPTED this 18th day of _September , 2001, by the following vote: AYES: CAMPOS, CHAVEZ, CORTESE, DANDO, LeZOTTE, SFIIRAKA~vA, WILLIAMS, Y~,~A~;ER; GONZALES NOES: N0~ ABSENT: DIQUISTO, REID DISQUALIFIED: NONE A EST: ~. PATRICIA L. O' HEARN City Clerk ~C~iG RON GONZALES Mayor 159383 2 3