HomeMy WebLinkAboutReso 134-12 Arterial System Sync RESOLUTION NO. 134 — 12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH
METROPOLITAN TRANSPORTATION COMMISSION FOR
PROGRAM FOR ARTERIAL SYSTEM SYNCHRONIZATION (FY 12-13 CYCLE)
WHEREAS, the Metropolitan Transportation Commission (MTC) has entered into
technical services agreements with several consulting firms to provide assistance to various Bay
Area cities in the retiming of traffic signal systems, referred to as the Program for Arterial
System Synchronization (PASS); and
WHEREAS, signal timings should be re-evaluated periodically to respond to changing
traffic volumes and travel patterns, including Transit Signal Priority parameters; and
WHEREAS, the City of Dublin submitted an application to participate in the PASS and
has since been selected by MTC to participate.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the agreement with MTC for participation in the PASS.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreement, hereto attached as Exhibit A.
PASSED, APPROVED AND ADOPTED this 17th day of July, 2012 by the following vote:
AYES: Councilmembers Biddle, Hart, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: Councilmember Hildenbrand
ABSTAIN: None �iI j'
Mayor
ATTE T:
(g,,,,„ P,C"-dr-
City Clerk
Reso No. 134-12, Adopted 7-17-12, Item 4.15 Page 1 of 1
WAIVER OF CLAIMS AND INDEMNIFICATION AGREEMENT
Between METROPOLITAN TRANSPORTATION COMMISSION
And City of Dublin
THIS AGREEMENT is made and entered into as of the 17th day of July,2012, by and between the Metropolitan
Transportation Commission, a regional transportation planning agency established pursuant to California Government
Code § 66500 et seq., (herein called"MTC"), and City of Dublin(herein called"CITY").
WITNESSETH
WHEREAS,MTC has entered or will enter into technical services agreements with several consulting firms
(herein called "the Consultants"),under which the firms will provide assistance to various Bay Area jurisdictions in the
retiming of traffic signals in those cities(herein called"the Project"); and
WHEREAS,CITY is participating in the Project by receiving assistance from one or more of the Consultants
(herein called"the Consultant"); and
WHEREAS,the parties wish to define CITY's obligations to MTC respecting waiver of claims and indemnity;
NOW, THEREFORE, the parties hereto agree as follows:
1.0 WAIVER OF CLAIMS AGAINST MTC
CITY waives all claims by CITY,its directors, supervisors, officers,employees, or agents against MTC,its
commissioners,officers,and/or employees for damages, loss,injury and/or liability,direct or indirect,resulting from
CITY's participation in the Project and/or the services provided to CITY by the Consultant under contract to MTC.
CITY's waiver shall not apply to liability arising from and caused by the gross negligence or willful misconduct of MTC,
its commissioners, officers,and/or employees.
2.0 INDEMNIFICATION AND DEFENSE
CITY agrees to indemnify,hold harmless and defend MTC,its commissioners, officers, and employees from any
and all third party claims, demands, lawsuits, liability, loss,damages, injury and/or liability,direct or indirect(including
any and all costs and expenses in connection therewith), resulting from or in connection with provision of services to
CITY by the Consultant under contract with MTC, to the extent such claims,demands,etc. are not covered by the
Consultant's indemnification of MTC in the Consultant's contract with MTC. CITY's indemnification obligation shall
not apply to liability arising from and caused by the gross negligence or willful misconduct of MTC,its commissioners,
officers, agents, and employees. CITY is responsible for obtaining from MTC a copy of the applicable Consultant
agreement(s).
3.0 TERM
The term of this Agreement shall continue indefinitely, applying to multiple Consultant contracts,unless
terminated by written notice of either party or superseded by another Indemnification Agreement.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto.
METROPOLITAN TRANSPORTATION CITY OF DUBLIN
COMMISSION
Steve Heminger,Executive Director Joni L. Pattillo, City Manager
Approved as to form:
John Bakker, City Attorney