HomeMy WebLinkAbout20- Agreement - MDT Winter Maintenance 2020-2021 - North 7th to Cypress AGREEMENT BETWEEN
CITY OF BOZEMAN
MONTANA DEPARTMENT OF TRANSPORTATION
US-191 IVIP 88,837 to 89.918
From N7'1'Street to Cypress Street
ThisAgreement is entered into between the State of Montana, Department of Transportation,
Bozeman Maintenance Division (MDT or State) and the.City of Bozeman (COB) (together the Parties)
for the purpose of winter maintenance of US-191 (C000050N).
WITNESSETH
WHEREAS,.US-191, from reference post 88.837 to 89:91:8 (N7th Street to Cypress Street),
located in Bozeman, Montana and commonly referred to as"Maim Street,".(see map.) is a MDT road
maintained by MOT and COB.by agreement; and
WHEREAS, COB has agreed to take over the winter maintenance of US-191 (Main Street) as
set forth herein and for the consideration stated in this Agreement; and
WHEREAS, both MDT and COB have a significant interest to provide safe and efficient winter
maintenance to:the traveling public and agree that it is in all Parties.' mutual best interest to work
jointly in this effort.
NOW, THEREFORE; in consideration of the mutual promises and agreements set forth herein;
the Parties agree as follows:
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I.. COB:agrees to:
1. Provide.routi ne winter maintenance on 0S-191 from November 1;2020 to April.30,
2022. For purposes of this Agreement, winter maintenance activities to be assumed by COB.
hereunder shall include, but not be limited to,:the follawing:.
a. Snow removal and ice control, including plowing and anti-ring services,such
as sanding or the use.of other liquid and/or solid chemical agents which aid in snow and.ice removal.
Performance of said activities stall be done to the satisfaction of the State; and
h. All other inciderital roadway and right-of-way duties.associated with winter
maintenance, such as traffic control, debris removal, and drainage control during mutual agreed
states.
2. In the event US-191 needs to be temporarily closed for safety.concerns due to severe
winter weather conditions or other emergency reasons, shall notify MDT Bozeman Area Maintenance
Chief as soon as feasible. MDT shall close the road if MDT deems it necessary. MDT is the primary
authority that can designate and legally close US-191;
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3, Furnish all necessary labor,fuel, equipment, material., tools and implements required to
.perform said routine winter maintenance under this Agreement; and
4. Keep adequate records supporting the winter maintenance expenses associated with
terms of this Agreement. COED agrees to provide he State, Legislative Auditor or their authorized agents.
access to.these records to determine compliance with this.Agreement.
5: April of each year COB shall submit.an invoice to MDT for$91855.00 each year for winter
rnaintehance of this agreement of US-191.
IL MDT agrees to:
1.. For and in consideration of the services herein described, pay COB in April of 2021
and April of 2022 the lump sum.of a$9,855.00 far the winter season of2020/2.021. MDT shall make:
one(1)yearly payment.to COB in the month of April once invoiced by COB..
2. MDT will allow CQB to stockpile snow from Main Street at site approved by MDT, along
the East Interchange of 1-90, (See.Map)
3. MDT shall continue.to:perform winter maintenance on.U.S-19.1 outside the parameters
of this agreement.
Ill. General Terms and Conditions.
1.. This.Agreeiment becomes effective upon the signature of the Parties.
2.. Eaoh Party to this Agreement may review this Agreement.annually and modifications
shall be made if deemed appropriate by both Parties. CAB shall provide supplemental justification to
increase future payments for the►n rater maintenance;services described herein.
3. This Agreement may be terminated by either Party by written notification to the other
Party thirty(W) days prior to the desired termination date. In the event of termination by either Party,
payment.to:COB shall be prorated to-the.date of termination. If, in its sole.discretion, MDT is
dissatisfied with COB's performance, MDT shall provide COB written notice of any deficiencies, and.if
COB has failed to cure such deficiencies within ten (10) days of such written notice, this Agreement
shall be terminated.
4. COB shall not assign, subcontract, or transfer any part of this.Agreernent without the
express written consent of MDT,
5. COB shall protect. defend, indemnify, and hold harmless the State and MDT, its
elected and appointed officials, agents and employees,..from and against all c[aims, liabilities,
demands, causes of action,judgments and fosses , arising in favor of or assorted by any person or
entity(including but not.limited to COB), including costs of.defense and attorney fees, on account of
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damage to property, personal injury; or death arising; in whole or in part, out of, or in connection with,
any acts, omissions or services performed by COB or their.agents, or subcontractors, except the
negligence of MDT, under this Agreement.
MDT shall protect, defend, indemnify,.and hold harmless COB.and its officers, directors,
employees, agents and insurers,from.and against all claims; liabilities;.demands, causes of action;
judgments and losses , arising in favor of or asserted by any person or entity, including costs of
defense and attorney fees, on account of personal injury, death, or damage to property arising solely
out of, or in connection with, a defect in the State's design or coristruction of US 191, or from the
negligent or intentional act of MDT employees.
g. COB assumes all responsibility for ensuring and enforcing safe working conditions and
compliance with all sa€ety-related rules and regulations for the benefit of COB's own employees,the
employees of any subcontractor, and the public as it pertains to the work defined in this contract..
That responsibility rjcludes all duties relating to safety, regardless of whether any such duties are,-or
are alleged to:be, "nondelegable" (e.g., the Montana Safe Place.to Work Statute, etc.).
T, It is understood and accepted by both.Parties:hereto:that COB is acting and performing
as an independent contractor in regard to.this Agreement. Neither Party is by virtue of this Agreement
authorized as an agent, employee, or legal representative of the other. Nothing contained in this
Agreement shall be deemed or co.nstrued,..either by the Pa. ies.hereto or by any third party,.to.create
the relationship of principal and agent or create any partnership,joint venture or other association
between MDT and COB.
8. It is agreed by the.Parties that this Agreement can only be changed or modified by on
addendumlamendment executed in writing and initialed.and/or signed.by an authorized representative
from both Parties.
9. COB is required to maintain workers'compensation insurance.or an independent.
contractor's exemptions covering any.subcontractor and/or employees while performing work within.
MDT's right-of-way in accordance with Mont. Code Ann, §.39-71-401, and-405. This.
insurance/exemption must be valid for the entire Agreement period..
10. COB shall maintain for the duration of this Agreement,at.its awn cost and expense,
insurance against claims for injuries to persons or damages to.property that may arise from or in
connection with the obligations in the Agreement by its agents, employees, representatives, assigns,
or subcontractors. This insurance shall cover such claims as may be caused by any negligent act or
omission:
11. COB must, in performance of work under this Agreement,fully comply with all applicable
federal;state, or local laves,rules and regulations, including.the Montana Human Rights Act, the.Civil
.Rights Act of 1964,the Age Discrimination Act of 1975,the Americans With Disabilities Act of 1990,and
Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by WSl subjects'
subcontractors to the same provision. In accordance with Mont. Code Ann.§49-3-207, BOZ agrees that
the.hiring of persons to per€orm services under this Agreement will be made on the basis of merit and
qualifications, and there shall be no discrimination based upon race,color, religion, creed, political ideas,
sex,age, marital status, physical or mental disability,or national origin by the persons performing.the
Agreement.. COB will require that during the performance of any work arising out of this Agreement
COB,for itself, assignees,and successors shall comply with all applicable non-discrimination regulation
set forth in Attachment W attached hereto and.made part of this Agreement..
12. This Agreement contains the entire understanding of the Parties hereto and
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supersedes any prior written or oral agreements between them concerning the subject matter
contained herein.
13. This Agreement, and the rights and liabilities of the Parties hereto, shall be governed
by the laws of the State of Montana. Any litigation concerning this Agreement,or the performance
hereunder must be brought in the First Judicial District in and for the County of Lewis and Clark,
Montana. In any legal proceeding brought to enforce any provision of this Agreement or for breach of
this Agreement, the prevailing party shall be entitled to recover its costs and attorney's fees.
14. Time is of the essence in the performance of obligations under this Agreement.
15. Each Party to this Agreement agrees to perform any further acts and execute and
deliver any further documents that may be reasonably necessary to carry out the provisions of this
Agreement.
16. COB agrees to create and retain records supporting the services rendered or supplies
delivered for a period of three(3) years after either the completion date of the Agreement or the
conclusion of any claim, litigation or exception relating to the contract taken by the State of Montana
or third party.
17. A declaration by any court, or any other binding legal source, that any provision of the
Agreement is illegal and void shall not affect the legality and enforceability of any other provision of
the Agreement, unless the provisions are mutually dependent.
18. TERM: The term of this agreement shall be for two (2)years beginning November
2020 to April 30, 2022.
19. Upon mutual agreement this agreement may be extended each year up to six(6)
years.
20. Counterpart Execution-This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original but all of which together shall constitute one
and the same Agreement. The counterparts of this Agreement may be executed and
delivered by facsimile or other electronic signature by any of the parties to any other
party and the receiving party may rely on the receipt of such document so executed
and delivered by facsimile or other electronic means as if the original had been
received.
IN WITNESS WHEREOF, duly authorized representatives of MDT and COB have executed
this Agreement on the dates indicated.
MONTANA DEPARTMENT OF TRANSPORTATION
Title: MDT Bozeman Division Maintenance Chief
Date: /a Zo 2:0
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Approved for Legal Content: By.- CaYoG OHU MOITIf
Approved for Civil Rights Content: By:
CIT BOZEMAIhf
By:
Title: o ozeman
Date: I — 'Z�
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ATTACHMENT A
MDT Nondiscrimination and Disability Accommodation Notice
htto:IJmdtinfo.mdt.mt.govlother/webdatatexternallcivilricihtsltitle vi aartv.adf
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City of Bozeman & MDT Winter Maintenance Agreement Map
US-1.91. Main Street
MP 88,837 to 89.918
N7th Street to Cypress Street
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Rov,01/2020
MDT NONDISCRIMINATION
AND
DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation ("MDT") is committed to conducting ail of its.business i.n an
environm ent freefrorn discrimination, harassment,and retaliation. In accordance with State arid.
Federai law MDT prohibits any aria all discrimination and protections are al) inclusive(hereafl;er
"protected classes") by its employees or anyone with whore MDT does business.
Federal protected classes _State protected classes
Race,color,national origin, Race, color, national origin, parental/marital
sex,sexual orientation,gender identity, status,pregnancy,childbirth,or medical
age, disability, &Limited English Proficiency conditions related to pregnancy or childbirth,
religion/creed,.social origin or condition,
genet[c.information,sex,sexual orientation,
gender identification or expression, national
origin,ancestry, age, disability mental or
physical;political or religious affiliations or
ideas, military service or veteran status
For the duration of this contract agreement,the PARTY agrees as follows:
(1) Compliance with Regulations:The PARTY(hereinafter includes consultant)will comply with all
Acts and Regulations of the united Stales and the State of Montana relative to Non-
Discrimination in Federally and State-assisted programs of the U.S. Department of
Transportation and the State of Montana,as they may he amended from time to time,which are
herein incorporated.ley reference and made a part of this.-contract.
(2) Non-discrimination:
a The PARTY,with regard to the work performed by it during the contract,wiIi not.
discriminate, directly or indirectly;on the.grounds.of any of the protected classes in the
selection and retention of subcontractors,including procurements of materials and
leases of equipment, employment,and all other activities being performed underthis.
contract/agreement.
b, PARTY will provide notice to its employees and the members of the public that Itserves
that will include the following.,
`i. Statement that PARTY does not discriminate on th.e grounds of any protected
classes.
ii. Statement that PARTY will provide employees and members of the public that it
serves with reasonable accommodations for any known.disability, upon request,
pursuant to the Americans with Disabilities.Act as Amended (ADA).
iii.. Contact information for PARTY's representative tasked with.handling.non-
discrimination complaints and providing reasonable accommodations under the
A DA,
Page 1 0€
Rev.41/2020
iv. Information on how to request information in alternative accessible formats.
c. In:accordance with Mont. Code:Ann.:§49-8_207, PARTY wiI]jndude.a. provision, in.all of
its hiring/sub.contracting notices,that all h iri ng/s u b co ntracting.wi I I be.on.the basis of
merit and qualifications and that PARTY does:not discriminate on the grounds:of any
protected.class,
(3) Participation by Disadvantaged Business Enterprises(DBEs):
a. If.the PARTY receives federal financial assistance as part of this contract/agreement,the
PARTY w!II make al[reasonable efforts to utilize DBE firms certified by MDT for its
subcontracting services.The l st.of all currently certified DBE firms is located an the MDT
website at mdt.riMt.goy/Business/cbhtractin.g/civil/dbe.shtml.
E?. By signing this agreement, the PARTY assures that:
The contractor, sub recipient.or subcontractor shall not discriminate on the basis.of
race, color, national origin, or sex in the performance of this contract. The contractor
shall carry out applicable requirements of 49 CFR part 2.6 in the award and
administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in.the termination
of this:contractor:such other remedy as the recipient deems appropriate.
c. PARTY must include the above assurance in each contract/agreement the PARTY enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all
so[icitations, either by competitive bidding,or negotiation, made by the.PARTY for work to be
performed under a.subcontract, including procurements of materials,or leases.of equipment,
each potential subcontractor of sup.pIier will be.notified by the PARTY of the PARTY's obligation
under this contract/agreement and a11.Acts and Regulations of the United States and the 5tate.of
Montana related to Non-Discrimination.
(a) information and Reports:The.PARTY will provide all information and reports required bythe.
Acts, Regulations;and directives issued pursuant thereto and will permit access to its books,
records,accounts,other sources of information and:its facilities as.may be.deterrnined by MDT or
relevant US DOT Administration to be pertinent to ascertain compliance with such Acts,
Regulations, and instructions.Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish the information,the PARTY will so certify to
MDT or relevant US DOT Administrati on,as appropriate,and will set forth what.efforts it has
made to obtain the information.
(6) Sanctions for Noncompliance:.[n the event of a PARTY'.s noncompliance with the Non-discrimination
Provisions of this contract/agreerneiit;MDT will impose.such sanctions as it orthe relevant US DOT
r
Administration may determine to be appropriate,.inciudIng, but not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the PARTY
complies; and/or
b.. Cancelling,.terminating,.or.suspending the contract agreement, in whole or in part.
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Rev.01/2020
(7) Pertinent Non-D1scriminat.ion.Authorities.
During the performance of this contract%agreement;the PARTY,for itself, its assignees; and
successor.in interest;agrees to comply with the foI[owing non-discrimination statues and
authorities; including but not limited to:
-Federo!
- Title V€ of the Civil Rights Act of 19..64(42 U.S.C. § NON et:seq.,78 stat.252), (prohibits
discrimination on the basis of race, color, national arigin);.and.49 CFR Part 21;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;(42 U.S.C.
§4601),(prohibits unfair treatment of persons.displaced or whose property has:been acquired
because of Federal or.Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.),.(prohibits discrimination.on the basis
of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 etseq.), as amended, (prohibits
discrim€nation on.the basis of.disability); and 49 CFR Part 27;
The Age Discrimination Act:of 1975,as amended, (42 U S.C. § 610.1 etseq..), (prop€bits
:discrimination on the basis of age);
- Airport and Airways Improvernent Act of 1982,(49 U.S.C.§ 471,Section 47123), as.amended,
(prohibits discrimination based on race, creed, color, national origin,or sex);
- The Civil Rights Restoration Act of 1987, (Pl_100-209), (broadened the scope, coverage,and
applicability of Title Vl of the Civil Rights Act of 1964,The Age Discrimination Act of 1975, and
Section 504 of the Rehabilitation:Act of 1973,by expanding the definition of the terms
"programs or activities"to include all of the programs or activities of the Federal-aid recipients,
sub-recipients,and contractors,whether such programs or activities are Federally funded or
not);
Titles Ii and 111 of the Americans with Disabilities Act,.which prohibits discrimination on the basis
of disability in-the operation of public entities,public and private transportation systems,.places
of public accommodation,and certain testing entities (42.U.S.C.§.§ 12131-12189) as
implemented by Department of Transportation regu[ations at 49 CFR parts 37 and 38;
The Federal Aviation Administration's Non-Discrimination statute(49 U.S:C. §47123) (prohibits
discrimination on the basis of race,color, national origin,and sex.);
Executive grder 12898; Federal Actions to Address Environmental Justice in Minority
Populations and Low-income Populations;which prevents discrimination against minority
populations by discouraging programs;policies; and activities with disproportionately high and
adverse human health or environmental effects on.minority and low-income populations;
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Rev.01/2020
Executive Order 13.3.66; improving Access.to Services for Persons with Limited English.
Proficiency,and resulting agency guidance,.nationaI origin discrimination includes
discrimination because of Limited English Proficiency(LEP).To ensure compliance with Title.A
you Must take reasonable steps to.ensure that LEP persons have meaningful access to your
programs.:(70 Fed. Reg..at 74087 to 74100.);
Title IX of the Education Amendments of 1972; as amended,which prohibits you from
discriminating because of sex in education programs or activities:(20 U.S.C. § 1681 etseq.).
Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of
gender identity and in hiring by federal contractors on the basis of both sexual orientation and
gender identity.
state
- Mont. Code Ann.§49-3 205 Governmental services;
- Mont.Code Ann. §49-3-206 Distribution of governmenta[funds;
- Mont. Code Ann. §49-3=207 Nondiscrimination provision in:aII public contracts.
(8) Incorporation of Provisions.The:PARTY will include the provisions.of paragraph one through
seven in every.subcontract,including procurements of materials and leases of equipment,
unless.exempt by the Acts,.the Regulations andlor directives issued pursuant thereto,The
PARTY will take action with respect to any subcontract a procurement as MDT or the relevant.
US DOT Administratio n may direct as a means of enforcing such provisions including sanctions
for noncompliance. Provided,that if the PARTY becomes involved in,or is threatened with
litigation by a subcontractor,or supplier because of such direction,the PARTY may request MDT
to enter into any litigation to protect the interests of MDT. in addition,.the PARTY may request
the United States to enter into the litigation to.protect the interests of the United States.
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