HomeMy WebLinkAbout99- Construction Agreement, City Maintained Routes
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Q:CPSTD:140,DOC
CITY
CONSIRUCI!ON AGREEMENI
CITY MAINTAINED ROUTES
THIS AGREEMENT, made and entered into, by and between the State of
Montana, acting by and through its Department of Transportation, hereinafter called
the State, and the City of Bozeman, a Montana municipal corporation, hereinafter
called the City.
WIT N E SSE T H:
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I. THAT, WHEREAS, the State and the City of Bozeman propose to construct
certain improvements on a specific highway in and through the City, the
construction being known as Federal Aid Project No, CM 1204(2) Peach - N. ih to
Rouse - Bozeman, C.N, 5092, and
WHEREAS, the construction will be over and upon Peach Street, and
WHEREAS, the State and City of Bozeman desire to receive Federal funds
for said to construct the highway, and
WHEREAS, the Federal Highway Administration of the U, S, Department of
Transportation will not participate in the construction of said highway until and
unless the City agrees to certain conditions, hereinafter set forth, and
WHEREAS, this document must be duly executed and on record with the
State and Federal Highway Administration before the work contemplated can be
awarded to contract, and
WHEREAS, the City, hereby concurs in the designation of the highway,
which was designated under Section 60-2-110, MCA, and
WHEREAS, the City desires to have the construction done, the City
deeming it to be a valuable and beneficial consideration,
II. NOW, THEREFORE, for and in consideration of the premises and of the
agreement herein contained, the parties agree as follows:
(1 ) The City agrees to conform in all manner and respects to Chapter 8
of Title 61, MCA, and will not take any action, by enacting an ordinance or
otherwise, in contradiction of the traffic laws in Chapter 8 of Title 61, MCA, with
specific reference, but not limited to, the following matters:
(a) The City will not install, or permit to be installed, any signs,
signals, or markings not in conformance with the Standards approved by the
Federal Highway Administration pursuant to 23 USC 109(d).
(b) The City will not pass any ordinances or laws establishing a
speed limit less than twenty-five (25) miles per hour in any urban district, as defined
in 61-1-410, MCA, on the above-mentioned street (avenue);
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Q:CPSTD:140.DOC
(c) The City will not establish a speed limit of less than thirty-five
(35) miles per hour outside an urban district as defined in 61-1-410, MCA, on the
highway,
(d) The City will not erect any markings, sign, signal or traffic
control device that will give preference to local routes which intersect with the
highway; and no markings, sign, signal or traffic control device will be erected or
constructed nor shall the establishment or modification of any speed zone, parking
regulation or traffic marking which will affect traffic on the highway be made without
proper traffic and engineering study indicating that such markings, sign, signal or
traffic control device is required,
(e) (1 ) The City will service, maintain and pay the cost of oper-
ating all improvements embraced by this agreement. The City agrees to indemnify
and hold harmless the State, including the Department, for any claim, damage, loss
or cause of action arising from, due to or allegedly due to the negligence of the City
or its employees or the failure of the City to perform the maintenance activities
described herein.
(2) If during the construction of any sections of the above-
mentioned street (avenue), should the State and/or the Federal Highway
Administration, on account of unfavorable weather or other conditions not the fault
of the contractor, authorize a suspension of construction operations thereafter and
until the State and/or the Federal Highway Administration issue an order for the
resumption of construction operations, the maintenance of the sections under
construction will be by and at the expense of the City,
(f) The City will require the stopping of all traffic at all intersecting
streets, alleys and driveways before entering the highway, and where the City
considers that the traffic control creates a hazardous situation, they may modify the
traffic control devices as may be in the public interest from a safety and
convenience standpoint.
(g) The City has passed or will pass the necessary ordinances or
laws to require parallel parking on the highway; and
The City has passed or will pass the necessary ordinances or
laws to forbid stopping, standing or parking a vehicle on a sidewalk, in front of a
public or private driveway, within an intersection, on a crosswalk, or within twenty
(20) feet of the crosswalk of any intersecting street at its intersection with the
highway; and
The City has passed or will pass the necessary ordinances or
laws to forbid stopping, standing or parking a vehicle within thirty (30) feet upon the
approach to any flashing beacon, stop sign, or traffic control signal located at the
side of the roadway of the highway; or within thirty (30) feet upon the approach to
any flashing beacon, stop sign or traffic control signal located at the side of the
roadway of an intersecting street at its intersection with the highway; on the
roadway side of any vehicle stopped or parked at the edge or curb of the highway;
or upon any bridge, or other elevated structure upon the highway; or within any
highway tunnel that is a part of the highway.
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Q:CPSTD:140,DOC
(2) In addition to the specific signs, signals and traffic control devices
which may be shown on the plans, further restrictions as to parking, stopping and
speed limits are set forth in the attached drawing labeled "Exhibit A," said exhibit
being part of this agreement.
(3) The City has reviewed and approved the plans,
(4) The City will maintain the constructed facility and enforce the ordi-
nances and/or regulations necessary and essential for the operations of the
improvements as planned,
(5) The City will maintain adequate traffic engineering capabilities to
ensure that a continuing traffic engineering function is carried out on said project.
(6) The City will remove or cause to be removed or modified, any existing
encroachments encountered as may be directed by the State and at any future time
will not permit nor suffer any encroachments on the right-of-way of the said road
except upon the execution of the encroachment application and permit as issued by
the State,
(7) The City agrees to regulate utility occupancy on the right-of-way of
this completed project in conformance with occupancy regulations that will comply
with or be more restrictive than the requirements of ADMINISTRATIVE RULES OF
MONTANA 18,7,201 thru 18.7.241 governing "RIGHT OF WAY OCCUPANCY BY
UTILITIES,"
III. During the performance of this Agreement, the City, for itself, its assignees
and 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 Requlations: 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 if only state funding is here
involved.
(2) Nond iscrimination: 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, Includinq 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.
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(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 FHW A determines appropriate,
including, but not limited to,
(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 or 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, LJ ~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,"
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D) COMPLIANCE WITH PARTICIPATION BY DISADVANTAGED
BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION
FINANCIAL ASSISTANCE PROGRAMS, 49 CFR Part 26
Each Agreement the Department signs with a City (and each
subcontract the prime contractor signs with a subcontractor) must include the
following assurance:
"The City, sub recipient or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the performance of this contract.
The City shall carry out applicable requirements of 49 CFR part 26 in the award
and administration of DOT-assisted contracts. Failure by the City to carry out
these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy as the recipient deems
appropriate,
IN WITNESS WHEREOF, the Director of Transportation or his authorized
representative has signed on behalf of the State of Montana, and the Mayor of the
City of Bozeman on behalf of the City of Bozeman, signed and affixed hereto the
seal of the City.
DATED this Il~ day of !!JafC'#' ,2004.
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STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
David A. Galt
Director of Transportation
v1t. .
ministrator - Engineering Division
CITY OF Bozeman
~.t~ BY~
I Y Clerk / Mayor
/, Robin L. Sullivan , Clerk of the City of Bozeman
hereby certify that the above agreement was regularly adopted by the Council of
Bozeman at a meeting held on the 1st day of March ,
2004; and that the Council of Bozeman authorized the Mayor to sign this
agreement on behalf of the Council. Ck/~
-(Signature)
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Q:CPSTD: 140.DOC
RESO.bUI!ON
It is hereby resolved by the Council of Bozeman that the City Agreement of
Federal Aid Project No, CM 1204(2), Peach - N, 7th to Rouse - Bozeman, with the
State of Montana, acting by and through the Department of Transportation, is
adopted by this Council; and the Mayor of Bozeman is hereby empowered and
authorized to execute said Agreement on behalf of the Council of Bozeman.
DATED this day of ,2004.
ATTEST:
(Councilman)
(Councilman)
(City Clerk)
(Councilman)
(Councilman)
(Councilman)
(Councilman)
(Councilman)
(Councilman)
(Councilman)
(Councilman)
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"EXHIBIT A"
*
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MID-BLOCK CROSSWALK
* IN DICATE S NO PARKING
STOPPING, OR STANDING
* ZONES.
2 * 20'ON THE APPROACH
TO A CROSSWALK,
:.:: * 30' ON THE APPROACH TO
;;:, A STOP SIGN OR SIGNALIZED
J;: ... INTERSECTION.
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Q 0
W N CROSSWALK
(MARKED OR UNMARKED)
SIDEWALK
I. 20 *
30'*
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_* en
In
cJ'. FIRE HYDRANT
.*
In
NO PARKING ZONES
As Defined by
MONTANA VEHICLE CODE
Prepared by Department of Transporta tion