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HomeMy WebLinkAbout96- MDT Traffic Signal Maintenance ~ "~~~ :~ -;"{ 1 '";',' ; :" '! J PARTIES This contract is entered into on this __lst day of July , 1996. This contract is between the Montana Department of Transportation (MDT) and the City of Bozeman, hereinafter referred to as City. SCOPE OF WORK This contract is for traffic signal maintenance_ In consideration of the payments made to the City by MDT in accord with this contract, the City agrees to provide all of the activities ordinarily associated with traffic signal maintenance for all traffic signals located within or near the City limits of Bozeman on an actual cost basis. The costs to maintain the signalized intersections shall be the actual costs and shall include all labor, materials, equipment and rent. The signal maintenance shall include all equipment and appurtenances which facilitate the function of the signal. The equipment shall include, but not be limited to, the controller cabinet, controller, lamps, lens reflectors, traffic-actuated detectors, poles and cables. The traffic signals to be maintained by the City and reimbursed by the State are: 1. Main Street: a. Flashing lights at High School. b. Signals at fourteen (14) intelsections from Rouse Avenue to College. 1 2. South 19th Avenue: a. Signal light at College 3. North Seventh Avenue: a. Signals at Mendenhall. b. Signals at Durston. c. Signal at Oak. 4. Rouse Avenue: a. Flashing lights at Lamme Street. b. Signals at Mendenhall. c. Signals at Tamarack 5 . Secondary 205 (Old US 10) a. Signals at Springhill Road See map attached as Exhibit A. Additional signals may be added by consent of the parties subject to the terms and conditions of this contract. In addition to the signals set forth above, the State will maintain, on the State Maintained System within the right-of-way, the signs included in Part II, Part III, Part IV, Part V and Part VII of the Manual on Uniform Traffic Control Devices, 1988 edition, which is incorporated by reference herein. The City will maintain those signs in Part II 2B-31, Urban Parking and Stopping Signs, Part II 2D-39, Street Name Signs, Part II 2D-40, Parking Area Signs, and Part II 2D-41, Park and Ride Signs, of the Manual on Uniform Traffic Control Devices, 1988 edition, at no cost to the State. 2 TERM This contract is effective Julv 1, 1996 and terminates on June 30, 1998 unless otherwise agreed by the parties in writing. PAYMENT The City shall submit the actual cost of maintaining the signalized intersections. The cost to maintain the signalized intersections shall include all labor, materials and equipment rental. The City shall submit the billing to the State for the work done for the preceding month on or about the first of each month. Billing shall be itemized for each location. TERMINATION AND DEFAULT The parties mutually agree the contract may be terminated by either party giving 30 days written notice to the other party. Such notice must be delivered by certified mnil. Upon service of such notice, MDT shall be liable only for the work completed as of the date of such notice. LEGAL COMPLIANCE The City must comply with all applicable Federal and State laws including, but not limited to, prevailing wage laws and those laws referred to in the two-page NOTICE attached hereto, which is made a part of this contract by its reference_ 3 \ NOTICE During the performance of this Agreement, the City, for itself, its assigned successors in interest, agrees as follows: A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL-AID CONTRACTS (1) Compliance with Regulations: The City shall comply with all Regulations relative to nondiscrimination in Federally- assisted programs of the Department of Transportation, 49 Code of Federal Regulations, Part 21, as they may be amended (hereafter referred to as the Regulations) , which are incorporated by reference and made a part of this Agreement, even though only State funding is here involved. (2) Nondiscrimination: The City, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of sex, race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The City shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR 21.5. (3 ) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, whether by competitive bidding or negotiation by the City for work to be performed under a subcontract, including procurements of materials or leases of equipment, any potential subcontractor or supplier shall be notified by the City of the City's obligations under this Agreement and the Regulations relative to nondiscrimination. (4) Information and Reports: City will provide all reports and information required by the Regulations, or directives issued pursuant thereto, and permit access to its books, records, accounts, other sources of information and its facilities as may be determined by Department or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with Regulations or directives. Where any information required of the City is in the exclusive possession of another who fails or refuses to furnish this information, the City shall so certify to the Department or the FHWA as requested, setting forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the City's noncompliance with the nondiscrimination provisions of this Agreement, Department may impose sanctions as it or the FHWA determines appropriate, including, but not limited to, 4 ----------- ---- _________n_____ \ (a) withholding payments to the City under the Agreement until the City complies, and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6 ) Incorporation of Provisions: City will include the provisions of paragraphs (1) through (6 ) In every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. City will take such action with respect to any subcontract or procurement as the Department of the FHWA may direct to enforce such provisions including sanctions for noncompliance: Provided, however, that in the event City is sued or is threatened with litigation by a subcontractor or supplier as a result of such direction, the City may request the Department to enter into the litigation to protect the interests of the State, and, in addition, the City or the State may request the United States to enter into such litigation to protect the interests of the United States. (B) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR PRACTICES, I 49-3-207, MCA In accordance with Section 49-3-207, MCA, City agrees that for this Agreement all hiring will be made on the basis of merit and qualifications and that there will be no discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the Agreement. (C) COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) (1) City will comply with all regulations relative to implementation of the AMERICANS WITH DISABILITIES ACT. (2 ) City will incorporate or communicate the intent of the following statement in all publications, announcements, video recordings, course offerings or other program outputs: "City will provide reasonable accommodations for any known disability that may interfere with a person in participating in any service, program or activity offered by the City_ In the case of documents, recordings or verbal presentations, alternative accessible formats will be provided. For further information call the City. " 5 " LAW AND VENUE This contract is governed by the laws of Montana. The parties agree that any litigation concerning the contract must be brought in the First Judicial District, in and for the County of Lewis and Clark, State of Montana. AUDIT AND RECORDS The City shall maintain reasonable records of its performance under this contract. The City agrees that MDT, the Legislative Auditor, and/or the Legislative Fiscal Analyst may audit all records, reports and other documents which the City maintains under the terms of the contract to ensure contract compliance. Such records, reports, and other documents may be audited at any reasonable time. HOLD HARMLESS AND INDEMNITY The City agrees that it will defend, protect, indemnify and save harmless the State and MDT against and from all claims, liabilities, demands, causes of action, judgments (including costs and reasonable attorneys fees) , and losses to them from any cause whatever (including patent, trademark and copyright infringements) from this work, and including any suits, claims, actions, losses, costs or damages of any kind, including the State and MDT's legal expenses, made against the State or MDT by anyone arising out of, in connection with, or incidental to this contract and the work done or supposed to be done thereunder, except for such suits, claims, actions, losses, costs or damages 6 . which are solely the result of the negligent acts or omlsslons or misconduct of MDT's employees. TIME OF ESSENCE The parties to this contract understand and agree time is of the essence in completing the scope of work identified herein ln the time set forth. MONTANA PRODUCT PREFERENCE The City agrees to provide Montana made goods where those goods are comparable in price and quality to those required by this contract, in accordance with section 18-1-112 (1), MCA. MODIFICATION This contract contains the entire agreement between the parties and no statements, promises, or inducements made by either party, or its agents which modifies, alters, or changes the scope and purpose of this contract is binding except as provided herein. Upon written notice by either party that the scope of work or purpose of this contract is to be expanded or decreased, thereby necessitating an adjustment in payment, the parties agree that any modification will be done by separate written agreement. 7 . . '. COORDINATION MEETINGS The City and MDT agree to meet as needed to discuss the performance of this contract. COMPENSATED DAMAGES It is understood that any damages that are caused by third parties will be repaired by the City, and a billing for these repairs shall be sent to the State along with any documentation which the City has available to help the State in seeking restitution. The State shall pay the City's actual costs. IN WITNESS WHEREOF, the Director of the Department of Transportation or his authorized representative has hereunto subscribed his name on behalf of the State of Montana and the City Manager of the City of Bozeman on behalf of said City of Bozeman have subscribed their names and affixed hereto the seal of the City_ DATED this lst day of July , 1996. CITY OF BOZEMAN "- ~.W-~ , 8 . . , . " I, Robin L. Sullivan , Clerk of the City of Bozeman, do hereby certify that the above-mentioned agreement was regularly adopted by the Commission of Bozeman, at a meeting thereof held on the 1st day of July , 1996, and that the Commission of Bozeman authorized the City Manager to sign this agreement on behalf of the Commission. State of Montana Department of Transportation tJ ~ () //1 ~-[cL------'-- DOUGLAS D. MOELLER, Malntenance Chlef Bozeman Area Approved as to form Per memo from Steve Garrison 5/29/96 Timothy w. Reardon, Chief Legal Counsel Signed and sworn to before me on Julv L 1996 , by Douqlas D. Moeller '---J}J l'lAA-k']/C-1A-JL~)J7 4,tX__'-~u-4 ~-~-~ Notary Public for the State of Montana My Commission Expires: fit.lTAAY PUBLIC for the Stilt& or MOl1tana Residing at SO.\f.HflCln, mCi/{,1i\;; ~ Commission Expires M.lii.:h 25, 1998 9 p~UIfj~~~ jP.... ,.' I ~ ' ~. ' ... 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