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Agenda Item No: 6
Meeting Date: April 4, 2011
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: —City Manager Approval:
Director of Public Works (LB)
File No.: 18.10.20
SUBJECT: A RESOLUTION AUTHORIZING APPLICATION FOR THE 2011/2012
CYCLE OF THE PROGRAM FOR ARTERIAL SYSTEM
SYNCHRONIZATION (PASS) AND AUTHORIZING THE PUBLIC WORKS
DIRECTOR TO SIGN A WAIVER OF CLAIMS AND INDEMNIFICATION
AGREEMENT WITH THE METROPOLITAN TRANSPORTATION
COMMISSION (MTC).
RECOMMENDATION:
Adopt resolution.
IINX4C N-01LIRIM,
The Program for Arterial System Synchronization (PASS) provides technical and financial assistance to
Bay Area agencies with the purpose of helping improve the safety and efficiency of the agency's traffic
signal operations.
Synchronization of traffic signals allows for coordination along an arterial. The goal of traffic signal
coordination is to enhance traffic flow, reduce delay and minimize the amount of vehicles stopping at red
lights, thereby reducing the amount of greenhouse gas emissions produced. Coordination is especially
important when traffic signals are located within close proximity to one another, as is the case in
downtown San Rafael, where queuing of vehicles at one intersection directly effects the operations of the
neighboring signals.
Currently, the majority of the City of San Rafael's traffic signals are coordinated. The traffic signal
operations and coordination is monitored constantly and upgrades occur every few years. The last
analysis and upgrade occurred in 2005. Since then, many changes to the system have occurred including
changes in vehicular, pedestrian and bicycle counts and patterns, changes in traffic signal phasings and
installation of equipment which changes driver behavior such as the installation of the redlight camera at
Third Street and Irwin Street. In addition, updated recommendations for timing inputs such as minimum
green times, all red times, etc. have been developed.
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paj4e: 2
The Metropolitan Transportation Commission (MTC) issued a call for grant applications on March 1,
2011. The City of San Rafael qualifies for the grant for the majority of the traffic signals located within
its jurisdiction. If awarded, the City will be required to sign a waiver of claims and indemnification
agreement with MTC in order to receive the services. MTC highly recommends that this waiver and
agreement be submitted with the application in order to expedite the process.
ANALYSIS:
Submittal of the Grant Application and signed Waiver of Claims and Indemnification Agreement will
qualify the City for the grant. Selected projects will be announced in June, 2011.
FISCAL IMPACT:
This fiscal year (2011/2012) $1.25 million in federal funds are allocated for the program. MTC pays for
the local match and pays the consultants directly. No money from the City is required and the only fiscal
impact will be staff time to review and implement.
ACTION REQUIRED: Adopt Resolution
Enclosures (2)
1. Resolution
2. Waiver of Claims and Indemnification Agreement
RESOLUTION NO.
A RESOLUTION AUTHORIZING APPLICATION FOR THE 2011/2012 CYCLE OF
THE PROGRAM FOR ARTERIAL SYSTEM SYNCHRONIZATION (PASS) AND
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN A WAIVER OF
CLAIMS AND INDEMNIFICATION AGREEMENT WITH THE METROPOLITAN
TRANSPORTATION COMMISSION (MTC).
WHEREAS, the Program for Arterial System Synchronization (PASS) is to improve the
safety and efficiency of the agency's traffic signal operations; and
WHEREAS, the goal of traffic signal coordination is to enhance traffic flow, reduce
delay, minimize the amount of vehicles stopping at red lights, and reduce the amount of
greenhouse gas emissions produced; and
WHEREAS, the City of San Rafael last retimed its traffic signals in 2005; and
WHEREAS, PASS will provide technical and financial assistance to improve the City's
traffic signal coordination plans; and
WHEREAS, in order to receive assistance, the City must sign a Waiver of Claims and
Indemnification Agreement with the Metropolitan Transportation Commission, therefor;
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the Director
of Public Works is authorized to apply for such grant and sign the Waiver of Claims and
Indemnification Agreement for the Program for Arterial System Synchronization (PASS).
IT IS FURTHER RESOLVED that the Director of Public Works is hereby
authorized to take any and all such actions and make changes as may be necessary to
accomplish the purpose of this resolution.
I, ESTHER C. BEIRNE, City Cleric of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of said City held on the 4t" day of April, 2011, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ESTHER C. BEIRNE, City Clerk
File No.: 18.10.20
WAIVER OF CLAIMS AND INDEMNIFICATION AGREEMENT
Between METROPOLITAN TRANSPORTATION COMMISSION
And the CITY OF SAN RAFAEL
THIS AGREEMENT is made and entered into as of the 4th day of April, 2011, 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 SAN
RAFAEL (herein called "CITY"/"COUNTY"/"TOWN").
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 AGENCY NAME
COMMISSION
Steve Heminger, Executive Director Nader Mansourian, Public Works Director
Approved as to form:
Rob Epstein
City Attorney