HomeMy WebLinkAbout4.3 - 2928 Amend MOU with LAVTA for SAV testing
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STAFF REPORT
CITY COUNCIL
DATE: November 19, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Amendment to the Memorandum of Understanding with LAVTA for Shared
Autonomous Vehicle Testing Project
Prepared by: Obaid Khan, Transportation and Operations Manager
EXECUTIVE SUMMARY:
The City Council will consider approving an amendment to the Memorandum of
Understanding with the Livermore Amador Valley Transit Authority (LAVTA) for Shared
Autonomous Vehicle Testing. LAVTA is the lead agency on this project.
STAFF RECOMMENDATION:
Adopt the Resolution Amending the Memorandum of Understanding between the City
of Dublin and the Livermore Amador Valley Transit Authority for the Shared
Autonomous Vehicle Testing Project.
FINANCIAL IMPACT:
The 2020-2025 Capital Improvement Program includes the Intelligent Transportation
System Upgrade project (CIP No. ST0519). The project budget has adequate funding
for the City to participate in the implementation of Shared Autonomous Vehicles
Testing. The project budget provides for the local match funding for a Metropolitan
Transportation Commission grant that supports the implementation of this project. There
is no impact to the General Fund.
DESCRIPTION:
The California Legislature enacted AB 1444, which provided the Livermore Amador
Valley Transit Authority (LAVTA) the ability for testing of Shared Autonomous Vehicles
(SAV) on City of Dublin public streets through May 1, 2018. While LAVTA has worked
towards the implementation of the SAV Testing Project (Project), actual testing has not
occurred yet.
The California Department of Motor Vehicles adopted new regulations on February 28,
2018, for the testing of driverless autonomous vehicles on public streets. The new
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regulations now allow testing along public streets beyond the original May 1, 2018
sunset date of AB1444.
LAVTA has recently selected an operator for the Project and is in the process of
finalizing the testing plan. LAVTA is proposing to initiate SAV testing in the City of
Dublin soon. City Staff and LAVTA Staff have coordinated on the Project and to
implement SAV testing along certain public streets in the general vicinity of the East
Dublin/Pleasanton BART Station.
The City of Dublin received grant funding in the amount of $385,000 from the
Metropolitan Transportation Commission (MTC) through the Innovative Deployments to
Enhance Arterials (IDEA) program to support the Project. LAVTA was also successful in
receiving a grant in the amount of $966,000 from the Bay Area Air Quality Management
District for the Project. LAVTA will use some of its funding to provide the SAV for the
testing.
On September 18, 2018, the City Council approved Resolution 100 -18 (Attachment 1)
approving a Memorandum of Understanding (MOU) between the City of Dublin and
LAVTA for the Project. To streamline administration of MTC grant funds for the Project
and expedite project delivery, City Staff and LAVTA Staff have drafted an amendment to
the MOU that will add LAVTA as a partner agency to the MTC grant. This will allow
LAVTA to directly access some of the MTC-administered funds, thus enhancing
efficiency in project delivery. MTC approved this change to its Program of Projects by
MTC Resolution No. 4202, on September 4, 2019. To facilitate access of MTC grant
funds by LAVTA, Staff recommends that City Council amend the MOU (Attachment 2)
with LAVTA.
STRATEGIC PLAN INITIATIVE:
Strategy 3: Pursue efforts to help strengthen the City’s infrastructure and technology.
Strategic Objective 3A: Continue to embrace technology to improve traffic, street and
engineering infrastructure.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution 100 -18
2. Resolution Amending the Memorandum of Understanding between the C ity of Dublin
and Livermore Amador Valley Transit Authority for the Shared Autonomous Vehicle
Testing Project in Dublin
3. Exhibit A to the Resolution - Amendment to the MOU
RESOLUTION NO. 100 — 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBLIN
AND LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY FOR THE
SHARED AUTONOMOUS VEHICLE TESTING PROJECT IN DUBLIN
WHEREAS, The California Legislature enacted AB 1444, which provided Livermore Amador
Valley Transit Authority (LAVTA) the ability for testing of Shared Autonomous Shuttle (SAV) in the
City of Dublin (CITY) through May 1, 2018; and
WHEREAS, The California Department of Motor Vehicles new regulations allow further
testing along Public Streets beyond the May 1, 2018 sunset date of the AB1444; and
WHEREAS, LAVTA is in the process of finalizing the testing plan and would like to initiate the
SAV testing in the CITY; and
WHEREAS, CITY and LAVTA are coordinating on the SAV testing project and have agreed to
implement the SAV testing along Public Streets in the general vicinity of the East Dublin/Pleasanton
BART Station (TESTING SITE); and
WHEREAS, CITY received grant funding in the amount of $385,000 from Metropolitan
Transportation Commission (MTC) through the Innovative Deployments to Enhance Arterials (IDEA)
program to support the SAV testing and to enhance bicycle and pedestrian safety in the vicinity of
the TESTING SITE; and
WHEREAS, LAVTA represents that it has $966,000 in funds from the Bay Area Air Quality
Management District committed and available for the implementation of the SAV testing in CITY and
part of this funding will be used to acquire and make available the SAV for the testing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves
the Memorandum of Understanding and authorizes the City Manager to execute the MOU (Exhibit
A) and make any non-substantive changes to carry out the intent of this Resolution as well as
associated documents for the SAV testing project.
PASSED, APPROVED AND ADOPTED this 18th day of September 2018, by the following vote:
AYES: Councilmembers Goel, Gupta, Hernandez, Thalblum and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
Cu )1•Ti
City Clerk
Reso No. 100-18, Adopted 9/18/2018, Item No. 4.2 Page 1 of 1
14748587.1
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBLIN AND THE
LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY FOR THE SHARED
AUTONOMOUS VEHICLE TESTING PROJECT
THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into as of
2018, by and between the CITY OF DUBLIN (CITY), a municipal
corporation of the State of California, and the LIVERMORE AMADOR VALLEY
TRANSIT AUTHORITY (LAVTA), a joint exercise of powers authority established
pursuant to California Government Code Section 6500 et seq.
RECITALS
A. The California Legislature enacted AB 1444, which provided authority for testing
Shared Autonomous Vehicle (SAV) in Dublin through May 1, 2018.
B. The California Department of Motor Vehicles has adopted new regulations that
have allowed further testing along public streets beyond the May 1, 2018 sunset
date of AB1444.
C. LAVTA is in the process of finalizing the testing plan for its SAV project and
would like to initiate the testing.
D. CITY and LAVTA have agreed to implement SAV testing along public streets in
the general vicinity of the East Dublin/Pleasanton BART Station (the “TESTING
SITE”).
E. CITY received grant funding in the amount of $385,000 from Metropolitan
Transportation Commission (MTC) through the Innovative Deployments to
Enhance Arterials (IDEA) program to support the SAV testing and to enhance
bicycle and pedestrian safety in the vicinity of the TESTING SITE.
F. CITY and LAVTA, in cooperation with MTC, desire to implement SAV testing and
coordinate on grant funded improvements at a total of six (6) signalized
intersections (“PROJECT”). The PROJECT will allow signal equipment to
communicate with SAVs, LAVTA buses, and other vehicles.
G. The PROJECT will be implemented by CITY with coordination and support from
LAVTA.
H. LAVTA represents that it has $966,000 in funds from the Bay Area Air Quality
Management District committed and available for the implementation of the SAV
testing in CITY and part of this funding will be used to acquire and make
available the SAV for the PROJECT.
14748587.1
I. MTC, in coordination with CITY, has prepared various PROJECT documents
including a Scope of Work for a consultant to design and implement the
PROJECT.
J. LAVTA represents that it will support CITY in completing the PROJECT.
K. City will waive encroachment permit fees associated with the PROJECT.
L. LAVTA, as part of its participation in the PROJECT, is ready and able to
contribute staff time and resources through the design, construction and
operational phases of the PROJECT.
NOW THEREFORE, the Parties hereby agree as follows:
SECTION I
PROJECT DESIGN, CONSTRUCTION AND ADMINISTRATION
A. LAVTA AGREES:
1. To cooperate in reviewing PROJECT procurement documents, and the
construction contract documents.
2. To designate a LAVTA representative, at its own expense, to work with
CITY in coordinating all aspects of the PROJECT including planning,
engineering, construction and installation work.
3. To cooperate in CITY’s implementation of the MTC’s IDEA grant , including
any SAV vehicle testing data sharing as permitted by the law and as
requested by CITY’s SAV consultant for the sole purpose of implementing
the PROJECT.
4. To acquire and make available a SAV for the PROJECT.
5. To assist in implementing communications between the PROJECT
equipment and the SAV. This may include testing of equipment at off -site
facilities used by LAVTA for the SAV testing in CITY.
B. CITY AGREES:
1. To pay for all costs associated with the design and construction of the
PROJECT, except for the work that is being performed under MTC’s
contract relating to the development, design, and construction of the
PROJECT.
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2. To cooperate with LAVTA and its staff, agents, in planning, designing,
constructing, testing, and implementing the PROJECT.
3. To designate, at its own expense, a CITY representative to work with
LAVTA in coordinating all aspects of the PROJECT including planning,
engineering, construction and installation work.
SECTION II
MISCELLANEOUS PROVISIONS
PARTIES MUTUALLY AGREE:
1. Upon CITY completing and accepting all work on the PROJECT under this MOU,
ownership and title to materials, equipment and appurtenances in relation to the
PROJECT installed on LAVTA buses will automatically vest in LAVTA. No further
agreement will be necessary to transfer ownership. LAVTA will be the sole owner
and will be responsible for operation and maintenance of all PROJECT
equipment installed on LAVTA buses as part of the PROJECT.
2. 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
public facilities different or greater than the standard of care imposed by law.
3. Neither LAVTA, nor its directors, officers and employees, shall be responsible for
any damage, loss, expense, costs or liability occurring by any act or om ission by
CITY under or in connection with any work, authority or jurisdiction delegated to
CITY under this Agreement. It is understood and agreed that, pursuant to
Government Code Section 895.4, CITY shall fully defend, indemnify and save
harmless LAVTA and its directors, officers and employees from all claims, suits
or actions brought for or on account of injury (as defined in Government Code
Section 810.8) occurring by reason of any act or omission by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under this
Agreement.
4. Neither CITY, nor its officers and employees, shall be responsible for any
damage, loss, expense, costs or liability occurring by reason of any act or
omission by LAVTA under or in connection with any work, authority or jurisdiction
delegated to LAVTA under this Agreement. It is understood and agreed that,
pursuant to Government Code Section 895.4, LAVTA shall fully defend,
indemnify and save harmless the CITY, and its officers and employees from all
claims, suits or actions brought for or on account of injury (as defined in
Government Code Section 810.8) occurring by reason of act or omission by
LAVTA under or in connection with any work, authority or jurisdiction delegated
to LAVTA under this Agreement.
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5. The PARTIES shall work together in the spirit of good faith and cooperation to
successfully implement this Agreement. To the extent there are disagreements
between the CITY and LAVTA, 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.
6. 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.
7. Either the CITY or LAVTA may terminate this Agreement upon 60 days prior
written notice to the other party.
8. This Agreement and all work performed thereunder shall be interpreted under
and pursuant to the laws of the State of California.
9. Neither party may assign or delegate any of its rights or obligations hereunder
without first obtaining the written consent of the other.
10. This Agreement shall commence as of the date entered 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.
11. All of the terms, provisions and conditions of the Agreement hereunder, shall be
binding upon and inure the parties hereto and their respective successors,
assigns and legal representatives.
12. 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.
14748587.1
LIVERMORE AMADOR
VALLEY TRANSIT
AUTHORITY
CITY OF DUBLIN
Christopher L. Foss
City Manager
RECOMMENDED FOR APPROVAL RECOMMENDED FOR APPROVAL
Gary Huisingh
Public Works Director
APPROVED AS TO FORM APPROVED AS TO FORM
General Counsel John Bakker
City Attorney
Dated: Dated:
RESOLUTION NO. ___- 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF DUBLIN AND LIVERMORE AMADOR VALLEY TRANSIT
AUTHORITY FOR THE SHARED AUTONOMOUS VEHICLE TESTING
PROJECT IN DUBLIN
WHEREAS, on September 18, 2018, the City Council adopted Resolution 100-18
approving a Memorandum of Understanding (MOU) between the City of Dublin (CITY)
and the Livermore Amador Valley Transit Authority (LAVTA) for the Shared Autonomous
Vehicle testing (PROJECT) in Dublin to enable LAVTA to implement the PROJECT in
accordance with the Assembly Bill 1444 (AB1444); and
WHEREAS, the California Department of Motor Vehicles new regulations have
now allowed further testing along Public Streets beyond the May 1, 2018 sunset date of
the AB1444; and
WHEREAS, LAVTA is in the final stages of implementing the PROJECT in the
CITY; and
WHEREAS, the CITY and LAVTA are coordinating on the PROJECT and have
agreed to implement the PROJECT along Public Streets in the general vicinity of the East
Dublin/Pleasanton BART Station (TESTING SITE); and
WHEREAS, the CITY received grant funding in the amount of $385,000 from
Metropolitan Transportation Commission (MTC) through the Innovative Deployments to
Enhance Arterials (IDEA) program to support the PROJECT at the TESTING SITE; and
WHEREAS, LAVTA represents that it has $966,000 in funds from the Bay Area Air
Quality Management District committed and available for the implementation of the
PROJECT in CITY and part of this funding will be used to acquire and make available the
SAV for the PROJECT; and
WHEREAS, LAVTA and the CITY desire to streamline administration of MTC grant
funds for the PROJECT and expedite project delivery by adding LAVTA as a partner
agency to the MTC grant funding in order to access some MTC-administered funds
directly. MTC has approved this change to its Program of Projects by MTC Resolution
No. 4202, dated on September 4, 2019; and
WHEREAS, LAVTA and the CITY further desire to amend the MOU to include
LAVTA as an MTC grant recipient in addition to the CITY.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
amends the Memorandum of Understanding with LAVTA for the shared autonomous
vehicle testing project (Exhibit A).
BE IT FURTHER RESOLVED that the City Manager is authorized to
execute in the name of the City of Dublin the Amendment and any associated documents
for the SAV testing project.
PASSED, APPROVED AND ADOPTED this 19th day of November 2019.
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
Attachment: Exhibit A
FIRST AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBLIN AND THE
LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY FOR THE SHARED
AUTONOMOUS VEHICLE TESTING PROJECT
This FIRST AMENDMENT to the Memorandum of Understanding Between the City of
Dublin and Livermore Amador Valley Transit Authority for the Shared Autonomous
Vehicle Testing Project (“First Amendment”) is made and entered into as of this ___day
of ________, 2019 (“Effective Date”) by and between the CITY OF DUBLIN a municipal
corporation of the State of California (“City”), and the LIVERMORE AMADOR VALLEY
TRANSIT AUTHORITY, a joint exercise of powers authority established pursuant to
California Government Code Section 6500 et seq . (“LAVTA”). The CITY and LAVTA are
each individually referred to as a “PARTY” and collectively referred to as the “PARTIES.”
RECITALS
A. CITY and LAVTA previously entered into a Memorandum of Understanding (the
“MOU”) dated September 18, 2018, in support of the testing of the Shared
Autonomous Vehicles (SAV) within the City of Dublin (“PROJECT”).
B. CITY received grant funds, in the amount of $385,000, from Metropolitan
Transportation Commission (“MTC”) through the Innovative Deployments to
Enhance Arterials (“IDEA”) Program to support the PROJECT and to enhance
bicycle and pedestrian safety.
C. Subject to the MOU, the PARTIES agreed to implement SAV testing along public
streets in the general vicinity of the East Dublin/Pleasanton BART Station.
D. The PARTIES desire to streamline administration of Metropolitan Transportation
Commission (MTC) grant funds for the PROJECT and expedite project delivery by
adding LAVTA as a partner agency to the grant-funded project in order to access
some MTC-administered funds directly.
E. MTC approved this change to its Program of Projects by MTC Resolution No.
4202, dated on September 4, 2019.
F. The PARTIES further desire to amend the MOU to include LAVTA as an MTC
grant recipient in addition to CITY.
NOW, THEREFORE, for the mutual consideration, the receipt and sufficiency of which is
hereby acknowledged by both parties, the parties hereby agree as follows:
SECTION I. Amendment to Section I.
Section I of the MOU, entitled “PROJECT DESIGN, CONSTRUCTION AND
ADMINISTRATION” is hereby amended by replacing Section I, Paragraph A (3). as
follows:
LAVTA AGREES:
3. To cooperate with CITY and MTC in establishing LAVTA as a partner agency to
CITY within MTC’s IDEA Program for the purposes of grant administration; and to
work cooperatively with CITY to implement the IDEA grant as per the IDEA grant
provisions and as agreed upon by parties to MOU, including any SAV vehicle
testing data sharing as permitted by the law and as requested by CITY’s SAV
consultant for the sole purpose of implementing the P roject.
Section I of the MOU, entitled “PROJECT DESIGN, CONSTRUCTION AND
ADMINISTRATION” is hereby amended by replacing Section I, Paragraph B (1) as
follows:
CITY AGREES:
1. To coordinate with MTC and LAVTA in establishing LAVTA as a partner agency
to CITY within MTC’s IDEA Program for the purposes of grant administration;
and to pay for any agreed upon costs for local match for the IDEA grant and for
any other costs in the Project implementation as identified and agreed upon by
parties to MOU, other than those local match funds which LAVTA can utilize
based on prior funding commitments and in accordance with MTC’s grant
requirements; and to work collaboratively with MTC and LAVTA as the project
proceeds to determine which agency will lead which procurement based on
what would be the most efficient and expeditious approach to meeting the
project delivery schedule; and to provide substantive participation in LAVTA-
led procurement activities related to implementing the Project.
SECTION II. General Provisions
A. Counterparts
This Amendment may be executed by parties in one or more counterparts, each
of which shall be deemed as original, and all of which in the aggregate shall
constitute one and same document.
B. Effective Provisions
Excepting only the amendments specifically set forth in this Amendment, the terms
and provisions of the MOU shall remain in full force and effect.
C. Conflicting Provisions
In the event of a conflict between the terms and provisions of the MOU and the
terms and provisions of this Amendment, the terms and provisions of this
Amendment shall govern and control.
LIVERMORE AMADOR
VALLEY TRANSIT
AUTHORITY
CITY OF DUBLIN
Michael S. Tree
Executive Director
Christopher L. Foss
City Manager
APPROVED AS TO FORM APPROVED AS TO FORM
Michael S. Conneran, Hanson
Bridgett LLP
General Counsel to LAVTA
John Bakker
City Attorney
Dated: Dated: