HomeMy WebLinkAbout08- Construction Agreement State-Maintained Route, Griffin Drive- G1:CP-STD:120.DOC
Rev. 1 /25/08
CITY OF BOZEMAN
CONSTRUCTION AGREEMENT
STATE-MAINTAINED ROUTE
THIS AGREEMENT is 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.
WITNESSETH THAT:
I. WHEREAS, the State proposes to construct and/or reconstruct a certain highway in and
through the City, the construction being known as Federal Aid Project No. UPP 1217(4), Griffin
Drive- North 7th to Rouse, and
WHEREAS, the construction will be over and upon Griffin Drive, from North 7th Avenue to
Rouse Avenue, and
WHEREAS, the State desires to receive Federal funds to construct the highway, and
WHEREAS, the Federal Highway Administration (FHWA) of the U. S. Department of
Transportation will not participate in the construction 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
FHWA 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) Installing any signs, signals, or markings not in conformance with the
standards approved by the FHWA pursuant to 23 USC §109(d).
(b) Establishing a speed limit less than twenty-five (25) miles per hour in any
urban district on the highway.
(c) Establishing a speed limit of less than thirty-five (35) miles per hour
outside an urban district on the highway. The City will modify or alter such established speed
limits on the highway after a traffic and engineering investigation is made at the request of the
State.
Q:CP-STD:120.DOC
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(d) Erecting any markings, sign, signal or traffic control device that will give
preference to local routes which intersect with the highway and no 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 express written permission of the State, and then only after proper traffic and
engineering study indicates that such markings, sign, signal or traffic control device is required.
(e) Erecting any lighting on the highway without express written permission of
the State, and then only after proper traffic and engineering study indicates that such lighting
devices are required. The plans for such lighting installation shall be approved by the State
before erection.
(f) Not requiring the stopping of all traffic at all intersecting streets, alleys and
driveways before entering the highway. Where the City considers that such traffic control
creates a hazardous situation, it will request a traffic and engineering study by the State. The
State, after the study, may authorize express written modifications in the traffic control devices
as may be in the public interest from a safety and convenience standpoint.
(g) Prohibiting parallel parking on the highway; and
(h) Allowing stopping, standing or parking of a vehicle in a place prohibited
by §61-8-354, MCA.
(i) For lighting projects inside of incorporated municipalities, the cost of
operation and maintenance of the lighting shall be paid by the State; however, where an existing
lighting district, which is paid for by a city, town or special improvement district, is replaced or
upgraded, the city, town or special improvement district shall continue paying the amount of the
previous payments toward the cost of operation and maintenance of the new or revised lighting
system. If and when the cost of energy or maintenance is raised by the utility company, the city,
town or special improvement district shall pay their proportionate share of the rate increase.
(2) The State, after a traffic and engineering investigation of any speed zone,
parking regulation or traffic control device, may require the City to modify or remove such
existing speed zone, parking regulation or traffic control device upon the highway.
(3) 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," that exhibit being part of this agreement.
(4) The State will retain the authority and responsibility for issuing approach and
encroachment permits onto, upon or over right-of-way of the highway by anyone.
(5) Should the City incorporate beyond the present city limits, and such newly
annexed area include portions of this Federal Aid Project not now within the city limits, then this
agreement, by reference herein, will also apply to the newly annexed area.
(6) The City has reviewed and approved the plans.
(7) The City will continue to enforce the ordinances, laws and/or regulations
necessary and essential for the operation of the improvements as planned.
(8) All signs required to enforce City ordinances shall be maintained by the City.
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(9) The City agrees to assume full responsibility for maintenance of the sidewalks
bordering the project, whether or not any portion of those sidewalks were constructed,
reconstructed, or repaired in connection with the project. The term "maintain" does not include the
clearing of snow and ice, which may continue to be controlled by City ordinance. Specifically, the
City will maintain or cause to be maintained the sidewalks adjacent to both sides of Griffin Drive
from North 7th Avenue to Rouse Avenue. Maintenance shall include all things ordinarily associated
with sidewalk maintenance (including but not limited to, grinding or milling down sidewalk
displacements, surface patching, crack sealing, replacing small portions of damaged sidewalk,
sweeping, cleaning, washing, the removal of snow, debris and other obstructions or impediments
to safe pedestrian travel, and any and all other normally accepted maintenance practices). The
City will inspect the sidewalks at regular and reasonable intervals, determined solely by the City to
be adequate, to determine what, if any, maintenance needs to be performed. The City shall
enforce its local ordinances to recover all costs associated with its maintenance activities from
persons or entities who own property adjacent to the sidewalks and/or who receive the benefit of
the maintenance performed. The City understands and agrees that its future maintenance of these
sidewalks is a major part of the consideration for this agreement, that the money it is receiving for
this project and the benefit conferred on the community by the completed project constitute ample
compensation and consideration for its future sidewalk maintenance activities, and that by signing
this agreement it is waiving any right it may have or believes it may have under Montana law to any
additional compensation or consideration for its future sidewalk maintenance activities. The City
agrees to accomplish that maintenance in the future and will not, in the event of later claims or
litigation, allege that it was in any way the State's responsibility to maintain them. The City will
maintain or cause the maintenance of these sidewalks for the life of these sidewalks.
The City will protect, indemnify, defend and save harmless the State and Department of
Transportation (including its elected officials, employees, agents, and contractors) against and from
all claims, liabilities, demands, causes of action, judgments (with any costs and attorney's fees that
might be awarded), and losses to them arising in favor of or asserted by any person or entity
(including the City itself) on account of personal injury, death or damage to property which in any
way, in whole or in part, results from, arises out of, involves or is connected to the use of these
sidewalks or the City's performance or failure to perform future sidewalk maintenance (including,
but not limited to, its performance or failure to perform regular and reasonable inspections of the
sidewalks). The City agrees that this indemnification will be fully binding on the City, whether it is
insured for such claims or not, even if its insurance carrier refuses to be bound by the
indemnification or otherwise fails or declines for any reason whatsoever to defend and indemnify
the State or Department. The City's duty to defend the State or Department includes payment or
reimbursement of all attorney's fees and costs the State or Department incurs, with legal counsel
employed or hired by the State to be reimbursed at prevailing hourly market rates.
This agreement does not supersede, discharge, or extinguish any prior agreement between
the parties, nor will any future agreement between the parties supersede, discharge, or extinguish
this agreement, unless by specific reference and in clear terms.
(10) The City will continue adequate engineering capabilities to ensure that a
continuing traffic engineering function is carried out on the project.
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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 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 if 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,
City complies, and/or
whole or in part.
(a) withholding payments to the City under the Agreement until the
(b) cancellation, termination or suspension of the Agreement, in
(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.
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B) COMPLIANCE WITH. THE MONTANA GOVERNMENTAL CODE OF FAIR
PRACTICES, §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."
(3) All video recordings produced and created under contract and/or
agreement will be closed-captioned.
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, subrecipient 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.
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IN WITNESS WHEREOF, the Director of Transportation's authorized representative has signed
on behalf of the State of Montana, and the Mayor of the City of Bozeman, on behalf of the City,
has signed and affixed hereto the seal of the City.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
B 9~8 ,Zoos
y
Administr to - En~in~ Bring D vision
ATTEST:
.--
'yCl k
CITY OF BOZEMAN
Mayor Kaare cobson
1, l~l .I'1~ _, Clerk of the City of Bozeman, hereby certify that
this agreement was regularly adopted by the City Council at a meeting held on the ~~ day of
~,,~ , 2008; and that the Council authorized the Mayor to sign this agreement
on behal of the Council.
(Signatu
6
"EXHIBIT A"
-MID-BLOCK CROSSWALK
*INDICATES NO PARKING
STOPPING, OR STANDING
ZONES.
* 20'ON THE APPROACH
TO A CROSSWALK.
~' 30~ ON THE APPROACH TO
A STOP SIGN OR SIGNALIZED
INTERSECTION.
CROSSWALK
(MARKED OR UNMARKED)
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SPECIAL PROVISIONS UPP 1217(4)
GRIFFIN DRIVE -NORTH 7th TO ROUSE
Control No. 6256000
TRAFFIC CONTROL PLAN & SEQUENCE OF OPERATIONS
Sequence of Operations.
In addition to the requirements of Subsection 104.05, Maintenance of Work, and Subsection
108.04, Limitation of operations, schedule operations to provide the least amount of
inconvenience possible to the traveling public and adjacent property owners. Make such
provisions as are necessary to adequately provide for the travel of emergency and fire vehicles.
Submit in writing a sequence of operation proposal to the Engineer for etpproval. Do not begin
any work that disturbs the present roadway until after approval of the proposed sequence of
operations has been received. Approval of the proposed sequence of operations will be
contingent upon the roadway work being a continuous operation. Any of the work sequences
may be modified during construction if such modification would be in the best interest of the
traveling public and adjacent property owners.
Traffic Control.
Maintain a minimum of one-way traffic at all times. Maintain access to and from the premises of
adjacent property owners at all times. Keep open all intersecting roadways, all public and
private drives and entrances at all times by temporary measures except for the time required for
providing these temporary measures. Roadway closures will not be allowed during the winter
shutdown period from November 16th through April 15th. Restore all roadway traffic to its normal
mode of operation during this period. Pert'orm all traffic control in accordance with the Standard
Specifications, Standard Detail Drawings, and the Manual on Uniform Traffic Control Devices
(MUTCD).
All of the work entailed by this provision is measured and paid for at the unit quantities and
prices bid for the respective items of the contract. Where work is specified and not distinctly
covered by a unit quantity and price, that work is considered incidental to and absorbed in the
various bid items of the contract and no separate payment will be made.
PROTECTION OF WETLAND AREAS AND OTHER DRAINAGES
Impacts to any and all wetland areas and other drainages, including spring, perennial,
ephemeral or intermittent drainages, streams and rivers located adjacent to the project are not
anticipated in association with this project. MDT has NOT acquired any water quality permits or
authorizations, including a Clean Water Act Section 404 permit (COE), a Stream Protection Act
124 notification (MFWP), or a 318 Authorization (DEQ). Therefore, impacts to any and all
wetland areas and other drainages located adjacent to the project are not permitted. Avoid all
equipment traffic, fill material, staging activities and other disturbances to the wetland areas and
other drainages.
If complete avoidance of all impacts to these areas is not possible, contact the Butte
District Biologist at 444-0461 or the Construction Permit Coordinator at 494-9612, so that the
proper permits can be secured prior to working in these areas. Any impacts to these areas and
associated consequences, without the proper permitting, are the responsibility of the Contractor.
LEVELING
Description: This work involves the placement of plant mix surfacing to correct rutting and
distortion in the existing roadway surface prior to placement of the seal and cover treatment.
Construction: Perform leveling on the existing surface of Griffin Drive in the proximity of its
intersection with North 7th Avenue. The Engineer shall determine the final location and limits of
this leveling operation.
Measurement & Payment: All materials, labor, and incidentals necessary to complete this
work are included in the unit bid price for Grade "D" Commercial Plant Mix Bituminous
Surfacing.
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