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HomeMy WebLinkAbout09- Construction agreement with MDT - South ChurchTHIS 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. WHEREAS the State and the City propose to construct certain improvements on a specific highway in and through the City, the construction being known as Federal Aid Project No, UPP 1213(2), CN-6982000, South Church Bozeman, and and Bozeman CONSTRUCTION AGREEMENT CITY-MAINTAINED ROUTE WITNESSETH THAT: WHEREAS, the construction will be over and upon South Church, and Q:CP-STD:140.DOC Rev. 9/25/08 WHEREAS, the State and City desire to receive Federal funds to construct the highway, WHEREAS, in accordance with the State's agreement with the Federal Highway Administration (FHWA) of the U. S. Department of Transportation, the State must ensure that certain requirements are met in order for the State to fulfill its obligations to the FHWA and for the project to be eligible for federal funds. Accordingly, the State includes federal requirements, which are among those hereinafter set forth, for this project, and the City agrees to them, 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, 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 regards 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) Installation of 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 above-mentioned highway; (c) Establishing a speed limit of less than thirty-five (35) miles per hour outside an urban district on the highway. (d) Erecting 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) Not requiring 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. (f) (g) §61-8-354, MCA. Q:CP-STD:140.DOC Rev. 1/25/08 Prohibiting parallel parking on the highway; and Allowing stopping, standing or parking of a vehicle in a place prohibited by (h) (1) The City will service, maintain and pay the cost of operating all improvements embraced by this agreement. As further consideration, the City agrees to accept any and all maintenance and other responsibilities pursuant to any applicable SWPPP and NOI administered by the Montana Department of Environmental Quality. These responsibilities will be accepted by the City at the time of final inspection. At that time the SWPPP will be transferred to the City, and City agrees to execute any necessary documents or take any other steps necessary for the transfer of responsibility for the SWPPP and the NOl at the appropriate time. 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 FHWA, 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 FHWA 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. (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," which is part of this agreement. The City has reviewed and approved the plans. (4) The City will maintain the constructed facility and enforce the ordinances and/or regulations necessary and essential for the operations of the improvements as planned. (5) 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. Specifically, the City will maintain or cause to be maintained the sidewalks adjacent to both sides of South Church from East Main to Kagy. 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 2 Q:CP-STD:140.DOC Rev. 1/25/08 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. (6) The City will maintain adequate traffic engineering capabilities to ensure that a continuing traffic engineering function is carried out on the project. (7) 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 road except upon the execution of the encroachment application and permit as issued by the State. (8) 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." 0:GP-STD:I 40. DOC Rev. 1/25/08 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 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, complies, and/or or in part. (a) withholding payments to the City under the Agreement until the City (b) cancellation, termination or suspension of the Agreement, in whole (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. 4 Q:CP-STD:140.DOC Rev. 1/25/08 (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. 5 IN WITNESS WHEREOF, the Department'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 6 2009 CITY OF Bozeman Q:CP-STD:140.DOC Rev. 1/25/08 Mayor ci 1, IrptrA_, Clerk of the City of Bozeman, certify that the above 4 rk agreement was regularly adopted by the City Council at a meeting held on the day of 2C) Vet3,11,W),%t 2012, and that the Council authorized the Mayor to sign this agreement on behalf of the Council. 0 t SIDEWALK 30 J 3 'T 20 7 07 NO PARKING ZONES As Defined by MONTANA VEHICLE CODE Prepared by Department of Transportation FIRE HYDRANT 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) SIDEWALK END UPP 1213(2) BEGIN UPP 1213(2) LOMAS E BA3 OCK MA IN BOGERT PL E KOC BABCOCK -13 AT INT. WITH KAGY BLVD. 0 AT INT. WITH MAIN STREET 0 MENDENHAL L K PG y 8 1 (1 2 R.6 E. 50 N ICE POND RD ACCOL A R MASON T t. 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