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HomeMy WebLinkAboutE-04 - Staff Report - MOU with Foothill TransitCONSENT ITEM E-4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: KURT E. CHRISTIANSEN, FAICP, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT DATE: NOVEMBER 5, 2018 SUBJECT: APPROVE A MEMORANDUM OF UNDERSTANDING WITH FOOTHILL TRANSIT FOR THE RELOCATION OF THEIR SERVICE UTILITY BOX LOCATED ADJACENT TO THE FUTURE A-2 MIXED-USE DEVELOPMENT PROJECT AT AZUSA AVENUE AND NINTH STREET BACKGROUND: As part of the A-2 Mixed-Use Development Project proposed on City Owned Property located at Azusa Avenue and Ninth Street (APNs 8608-025-902, 8608-025-907, 8608-025-908, 8608-025-909, 8608-025- 910), 12,000 SF is proposed as commercial retail space. The majority of the retail component will be located along the Foothill Transit busway facing the Azusa Downtown Station platform. Currently, between the public right-a-way and the project property line there are four (4) utility boxes. Utility Box (2) in Attachment 1 is approximately six (6) feet in height compromising the visibility for future retail tenants. In order to secure quality tenants and market the site to its full potential, Utility Box 2 will be relocated. The proposed actions approve a memorandum of understanding with Foothill Transit for the relocation of their main switchgear along the Foothill Transit busway. RECOMMENDATION: Staff recommends the City Council take the following actions: 1)Authorize the City Manager to execute a Memorandum of Understanding (MOU) with Foothill Transit for the relocation of the Foothill Transit main switchgear on the Foothill Transit busway; and 2)Authorize the City Manager to execute, in a form acceptable to the City Attorney, on behalf of the City. ANALYSIS: Currently there are four (4) utility boxes located on the north side of the Foothill Transit busway. The utility boxes currently serve the following purposes: APPROVED CITY COUNCIL 11/5/2018 Approve MOU with Foothill Transit November 5, 2018 Page 2 Utility Box Function Proposed Action Utility Box 1 Azusa Avenue Street Lights Remain in Place. Utility Box 2 Service switchgear for Foothill Transit bus chargers Relocate to the south side of the busway. Existing transformer on east end will serve this Box. Utility Box 3 Utility Switch Equipment Remain in Place. Utility Box 4 Utility Transformer serving Utility Box 3 Removed after Utility Box 2 is relocated. City Staff engaged in a conversation with Foothill Transit to assess potential relocation sites and the impact of relocating its main switchgear. At the meeting, City Staff and Foothill Transit mutually agreed on a location identified in Attachment 2. The site was chosen for the following reasons: • It would not compromise visibility for the retail located on the A-2 Mixed-Use Development Project; • Its proximity to an existing transformer pad; • Minimized impact to existing hard surface area reducing length of time for the project; and • It’s less costly to relocate to a landscaped area. The proposed actions approve a memorandum of understanding between the City and Foothill Transit authorizing the relocation of Foothill Transit’s main switchgear along the Foothill Transit busway (Attachment 3). FISCAL IMPACT: There is no fiscal impact associated with executing a memorandum of understanding (MOU) with Foothill Transit for the authorization to relocate the utility box. Prepared by: Reviewed by: Carina Campos Hien Vuong Economic Development Specialist Senior Electrical Engineer Reviewed and Approved: Reviewed and Approved: Kurt E. Christiansen, FAICP Sergio Gonzalez Director of Economic and Community City Manager Development Attachments: 1) Utility Boxes 2) Drawing No. ED2018-BUSCHARGER 3) Memorandum of Understanding – Foothill Transit Foothill Transit Main Switchgear Relocation ED 2018 Bus Charger Project Utility Boxes Utility Box 1 Utility Box 2 Utility Box 3 Utility Box 4 Attachment 1 ED2018-BusCharger 128' +/- 5' 52' +/= 5' 200' +/= 5' ATTACHMENT 2 1 MEMORANDUM OF UNDERSTANDING FOR THE RELOCATION OF A FOOTHILL TRANSIT TRANSFORMER BY THE CITY OF AZUSA This MEMORANDUM OF UNDERSTANDING (“Agreement”) is entered into this ___ day of ___________ 2018, by and between the CITY OF AZUSA (“City”), a municipal corporation, with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702 and FOOTHILL TRANSIT (“Foothill Transit”), a joint powers agency organized under the laws of the State of California with its principal place of business at 100 South Vincent Avenue, Suite 200, West Covina, California 91790. The City and Foothill Transit are sometimes referred to individually as “Party” and collectively as the “Parties”. RECITALS The Parties enter into this Agreement based on the following facts, understandings, and intentions: A.Foothill Transit operates a public transportation system that services the City of Azusa and the surrounding area; B.Foothill Transit owns a main switchgear along the Foothill Transit busway (the “Bus Access Road”) in the City of Azusa, which is identified as Utility Box # 2 in Exhibit A; C.Foothill Transit is amenable to authorizing the City to relocate Utility Box # 2, as described in Exhibit B; D.Utility Box #2 is identified as “Main Meter/Circuit Breaker” in Exhibit B; and E.The purpose of this Agreement is to set forth the terms and limitations of the relocation of Utility Box #2 and related work. AGREEMENT NOW, THEREFORE, incorporating and in consideration of the mutual covenants contained herein, the Parties mutually agree to the following: 1.Incorporation of Recitals. The Parties hereby affirm and incorporate by reference the facts set forth in the Recitals above. 2.Term. The term of this Agreement will be from the date first set forth above, and will continue for a period of one (1) year or until the completion of the Project (as defined below), whichever occurs first, unless terminated earlier in accordance with Section 7 of this Agreement. Unless terminated pursuant to Section 7, the Parties may exercise an option to extend the Agreement by one (1) year. 3.Project Defined. The Project shall include the design, relocation, and reconstruction of Utility Box #2. This work shall include the erection of physical structures and the installation of all systems necessary for the proper functioning of Utility Box #2, upgrading ATTACHMENT 3 2 City owned transformer, including but not limited to the relocation and modification of utilities and installation of landscaping and irrigation around the utility box. Final testing and acceptance must be performed and accepted by Foothill Transit. City’s work shall not alter or limit Foothill Transit’s ownership of Utility Box #2. 4. Construction Hours. Foothill Transit shall make Utility Box #2 available to the City and its contractors for the Term of the Agreement for the sole purpose of performing the Project work and provided that the City’s activities do not unreasonably impact Foothill Transit’s operation of regular bus service. The City will ensure its construction contractors’ activities do not interrupt regular Foothill Transit bus service without prior authorization from Foothill Transit. The City shall provide Foothill Transit with sufficient notice of any changes that may affect Foothill Transit. The Parties agree that the exact schedule for the Project will be determined at a future date, within the Term of this Agreement. In the event that Utility Box #2 is unavailable for relocation due to an emergency, Foothill Transit will notify the City so the City may make alternative arrangements. Foothill Transit shall provide as much notice as reasonably possible under the circumstances. The term of this Agreement shall be extended an amount of time equal to the period of the time that Utility Box #2 is unavailable due to an emergency. 5. Funding. City shall be solely responsible for the cost and expense of all design, relocation, and reconstruction work to complete the Project. Foothill Transit shall be responsible for all costs associated with Foothill Transit’s involvement or inspection of the Project. 6. Notices. All notices, demands, and communications shall be sent as follows: City of Azusa: Kurt Christiansen, FAICP, Director of Economic and Community Development 213 East Foothill Boulevard Azusa, CA 91702 Telephone: (626)812-5236 Foothill Transit: Sharlane Bailey, Director of Facilities 100 South Vincent Avenue, Suite 200 West Covina, CA 91790 Telephone: (626) 931-7253 7. Termination. Either Party may terminate this Agreement upon thirty (30)-days’ written notice to the other Party. If City terminates this Agreement after commencing the relocation of Utility Box #2 but prior to completing the Project, City shall pay Foothill Transit the reasonable costs Foothill Transit incurs to complete the Project, excluding those costs Foothill Transit would have otherwise been responsible for under this Agreement. 8. Indemnification. In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to California Government Code § 895.6, the Parties agree that all losses or liabilities incurred by a Party that are in any way related to this Agreement shall not be shared pro rata but, instead, the Parties agree that, pursuant to California Government Code § 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their Members, officials, officers, and employees, as applicable, 3 harmless from any claim, expense or cost, damage or liability, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses, imposed for injury (as defined in California Government Code § 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its Members, officials, officers, or employees, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such Party under this Agreement. No Party, nor any Member, official, officer, or employee thereof, shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of another Party hereto, its Members, officials, officers, or employees, under or in connection with or arising out of any work authority or jurisdiction delegated to such other Party under this Agreement. An indemnifying Party’s obligation to indemnify another Party hereto shall not be restricted to insurance proceeds, if any, received by the indemnifying Party. 9. Entire Agreement. This Agreement constitutes the entire and integrated agreement of City and Foothill Transit with respect to the subject matter hereof and supersedes any and all prior and contemporaneous oral or written negotiations, representations or agreements. 10. Legal Counsel. Each Party acknowledges that: (1) it has read this Agreement; (2) it has had the opportunity to have this Agreement explained to it by legal counsel of its choice; (3) it is aware of the content and legal effect of this Agreement; and (4) it is not relying on any representations made by another Party or any of the employees, agents, representatives, or attorneys of another Party, except as expressly set forth in this Agreement. 11. Governing Law. This Agreement shall be governed by the laws of the State of California and shall be deemed to have been made in the County of Los Angeles, California. The Parties shall bring any litigation or other legal proceedings that arises under or in connection with this Agreement in a federal or state court located within Los Angeles County, California. 12. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in the Agreement is declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties. 13. Authorized Representatives. The person entering into this Agreement on behalf of City represents that he or she has the authority to enter into this Agreement on behalf of City and that he or she has the authority to bind City to the performance of its obligations hereunder. The person entering into this Agreement on behalf of Foothill Transit represents that he has the authority to enter into this Agreement on behalf of Foothill Transit and that he has the authority to bind Foothill Transit to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day stated above. 4 SIGNATURE PAGE TO MEMORANDUM OF UNDERSTANDING FOR THE RELOCATION OF A FOOTHILL TRANSIT TRANSFORMER BY THE CITY OF AZUSA CITY OF AZUSA: By: Sergio Gonzalez City Manager ATTEST: By: Jeffrey Lawrence Cornejo City Clerk APPROVED AS TO FORM: By: City Attorney FOOTHILL TRANSIT By: Doran J. Barnes Executive Director APPROVED AS TO FORM: By: Counsel to Foothill Transit 5 Exhibit A Foothill Transit Main Switchgear Relocation Utility Boxes Foothill Transit Main Switchgear Relocation ED 2018 Bus Charger Project Utility Boxes Utility Box 1 Utility Box 2 Utility Box 3 Utility Box 4 6 Exhibit B Foothill Transit Main Switchgear Relocation ED 2018 Bus Charger Project ED2018-BusCharger 128' +/- 5' 52' +/= 5' 200' +/= 5'