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Home My WebLink About08- Traffic Signal Maintenance Agreement/~~ (iALT»q~j`~ %.c ~ ~' ~ F• ~~ air CALLATIN COUNTY ~ 1 l \~'rst :1~tairl, fZm. ZI)fi ~ 13cuc1]]al], I~tT 5y 11 December 13, 2007 City of Bozeman Attn: Commissioners 4 T 1 E. Main Bozeman, MT 59715 Re: Amsterdam & Thorpe Road Signal Agreement Dear Commissioners, ~~Ollllt~ (~111771]]1Sti1Oi] Juc f', tikiT7~]zr- Step e ~'4'hite Pl]one (~Oti) ;h~-X1)(1O f~:~X I-1()6) 5S?-:i()I)3 The Gallatin County Comrni:ssion held a I~ublic hearing on December 11,2,007. On that agenda was the signal maintenance agreement/contract between Gallatin County and the City of Bozeman. The Commission approved the contract during the hearing. The County Clerk & Recorder does not issue contract numbers or record contracts that are incomplete. To have this completed, the next step is to have the City review and sign off on their part of the agreement. I know that you meet again on the T 7~~, but am unsure if this would be able to be heard on that soon of an agenda. I am enclosing the entire contract for your review. dnce you have signed the signature page, please return it to me and I will see that this agreement gets recorded. Once recorded, I will send a complete signed copy to you for your records. Please complete this action at your earliest convenience. Sincerely, ~J`-~- i I Crystal Turner Executive Assistant Gallatin County Commission CC: Christopher Gray, Gallatin County Chief Deputy County Attorney Charlotte Mills, Gallatin County Clerk & Recorder I.ee Provance, Road & Bridge Superintendent 46 TRAFFIC SIGNAL MAINTENANCE AGREEMENT PARTIES This Agreement is entered into on this ~ day of~~~' , 200. This contract is between Gallatin County, 311 West Main Street, Bozeman, Montana 5971.5, hereinafter referred. to as "County", and the City of Bozeman, P.O. Box 1230, Bozeman, 1Vlontarta.S9715, hereinafter referred to as "City". SCOPE OF WORK This contract is for the maintenance and repair of traffic signal equipment located in Gallatin County that are not maintained under the jurisdiction of the Montana Department of Transportation. In consideration of the payments made to City by County in accord with this Agreement, City agrees to provide all of the activities ordinarily associated with traffic signal repair and maintenance for the traffic signals included in this Agreerneni on an actual cost basis. The costs to repair the signals ~~ c~tx't"~;nt. c~~~z~lition shall be the actual. costs anal shall include all labor, materials, equipment, and equipment rental.. For purposes of this Agreement, repair is to include all work associated with damaged or malfunctioning equipment and appurtenances which facilitate the function of traffic signal equipment including, but not limited to, the controller cabinet, controller, lamps, lens reflectors, traffic-actuated detectors, poles and cables. '3~~;al, i~>t~l~ c.i~~r~~aKige car i;~xc~c+ ,• ;.. c- will l?c ctar~ir<zc:t~:cl c~~~t b~- City to ai.~ ia~clel~e.aad~.r~t. ` "•.~:t~rr, with ac;tu,~° ..: ' I . " r~ccl by County as provided l~erc,ir~, City will also provide routine maintenance work tc) c:urrci~t ~~3~~clitiK:~w7 such as cleaning of cabinets, replacement of burned out bulbs, painting of equipment, etc., and. will supply parts most likely to be used in the repair of lights and signals. The costs to maintain the signals shall be the actual costs and shall include all labor, materials, equipment, and equipment rental. County and City will each name one contact person to represent the parties in the implementation and interpretation of this contract. The traffic signals to be maintained and repaired as needed by City and reimbursed by County are: A. Intersection of Amsterdam Road and Thorpe Road TRAFFIC SIGNAL MAINTENANCE AGREEMENT BETWEEN GALLATIN COUNTY AND CITY OF BOZEMAN Additional signals maybe added by consent of the parties subject to the terms and conditions of this contract. TERM This Agreement is effective on V ~~-~/"~( U , 200 ~ and terminates on June 30, 2012 unless otherwise agreed by the parties in writing. PAYMENT City shall submit the actual cost of maintaining and repairing the traffic signal equipment covered under this Agreement ia~~;lx '~ ~ t__ ; (` s~~~~.~sar-y~ iildcp~ ridcrlt contractors, to County. City shall submit the billing to County for the work done for the preceding month on or about the first of each month. Billing shall be itemized for each location. Payment shall be made within 30 days of receipt of each billing. TERMINATION AND DEFAULT The parties mutually agree this Agreement maybe terminated by either party upon giving 30 days written notice to the other party. Such notice maybe delivered by mail. or may be hand delivered to the afore-named contact persons. Upon service of such notice, County shall be liable for the work completed as of the date of such notice. GOVERNING 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 District Court in and for the County of Gallatin, State of Montana. AUDIT AND RECORDS The City shall maintain reasonable records of its performance under this Agreement. City agrees that County may audit all records, reports and other documents which City maintains TRAFFIC SIGNAL MAINTENANCE AGREEMENT 2 BETWEEN GALLATIN COUNTY AND CITY OF BOZEMAN under the terms of this Agreement to ensure Agreement compliance. Such records, reports, and other documents maybe audited at any reasonable time. 1VIODIFICATION This Agreement contains the entire agreement between the parties and no statements, promises, or inducements made by either party, ox its agents, which rnodi~es, 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 Agreement 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. COMPENSATED DAMAGES It is understood that any damages that are caused by third parties will be repaired by City, and a billing for these repairs shall be sent to County along with any documentation which City has available to help County in seeking restitution. County shall pay the City's actual costs of services rendered as noted in this Agreement, regardless of whether restitution is being sought. DATED this ~ day of ou+~kd~-f" , 200. GALIaATIN COUNTY COMMISSION r ~.]"'~ TRAFFIC SIGNAL MAINTENANCE AGREEMENT BETWEEN GALLATIN COUNTY AND CITY OF BOZEMAN CITY OF BOZEMAN C ris A. Kukulski, City Manager ATTEST: Stac Ul e ,City ,lerk Approved City Luwe TRAFFIC SIGNAL MAINTENANCE AGREEMENT BETWEEN GALLATIN COUNTY AND CITY OF BOZEMAN COUNTY CONTRACT NUMBER COUNTY CONTRACT ROUTING FORM *ALL FIELDS MUST BE FILLED OUT PRIOR TO CAO/FISCAL/ATTORNEY APPROVAL *ALL CONTRACTS MUST BE SIGNED BY OUTSIDE PARTY PRIOR TO ROUTING TO CA/FISCAL OFFICER; UPON CA/FISCAL APPROVAL CONTRACT WILL BE ROUTED TO COUNTY ATTORNEY *CONTRACT NAME: City of Bozeman Signal Maintenance Agreement *BRIEF DESCRIPTION OF CONTRACT: Maintenance agreement between the City of Bozeman and Gallatin County, for the maintenance of the traffic signal at Amsterdam .and Thorpe Roads. If this contract amends or is a change/task order to a previous contract, provide original contract #. *ORIGINAL CONTRACT #: N/A *RESPONSIBLE DEPARTMENT: Road Department *ACCOUNT #: 21la -~ 3°7 , 3 6 ~ *CONTRACT AMOUNT: N/A *EFFECTIVE DATE: Date of signing *EXPIRATION DATE: None *DATE SIGNED BY OUTSIDE f ~ nrirr_ ~ i , FISCAL OFFICER APPROVEC COUNTY ATTORNEY APPRO County Administrator Appr ATE: ._ ATE: C T' . ate: /~/ 3e=>~o ~ DATE SIGNED BY BOARD OF COUNTY COMMISSIONERS: I aL/~/ ~~ CLERK AND RECORDER KEEPS AN ORIGINAL AND WILL ROUTE A COPY OF THE APPROVED CONTRACT TO THE FOLLOWING DEPARTMENTS: / RESPONSIBLE/ORIGINATING DEPARTMENT / DEPUTY COUNTY ATTORNEY'S OFFICE - ATTN: HELEN BALDWIN AUDITOR / FINANCE DEPT. DATE CLERK AND RECORDER DISBURSED COPIES: / / / There are two copies of the contract. Please have the Commission sign both copies and return one of the original sets