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HomeMy WebLinkAboutMontana Department of Transportation and City Signal Agreement Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Debbie Arkell, Director of Public Services SUBJECT: Montana Department of Transportation and City of Bozeman Signal Agreement MEETING DATE: April 23, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize City Manager to sign Montana Department of Transportation and City of Bozeman Signal Agreement for a five year period BACKGROUND: In 2003, the City entered into an agreement with the Montana Department of Transportation (MDT) to repair damaged or malfunctioning traffic signal equipment. Prior to this time, MDT used a contractor to maintain their signals and City staff maintained the signals that were owned by the City. If City personnel are available, signals located in Belgrade, Four Corners, Livingston, Big Sky, and West Yellowstone are also serviced under this Agreement. Currently, there are over 70 signals within this area. In addition to intersection signals, the agreement also covers over 20 flashing yellow light systems. This work is performed by personnel in the Sign and Signal Division and the Streets Division. The City bills MDT monthly for the actual costs of the repairs including labor, materials, equipment and rent. As part of the Agreement, the City must have at least two employees certified by International Municipal Signal Association (IMSA). We have two employees who are certified and MDT reimburses the cost of training to maintain the knowledge and certification necessary to repair the signals. In May 2010 the City Commission approved the renewal of the 2003 agreement but changes were requested to the indemnification language by MDT legal staff. The wording has been approved by the City Staff Attorney and the agreement is ready to be approved. UNRESOLVED ISSUES: None identified ALTERNATIVES: 1. As suggested by the Commission 2. Do not enter into the Agreement with MDT FISCAL EFFECTS: Since the Agreement was entered into in June 2003, the City has been reimbursed approximately $97,000 for repairs that have been made to MDT signals. This reimbursement is added to the Street Maintenance Overtime Budget, as a majority of the work is performed after hours. Attachments: Signal Agreement Report compiled on: April 11, 2012 14 MDT/CITY OF BOZEMAN SIGNAL AGREEMENT Page 1 MONTANA DEPARTMENT OF TRANSPORTATION AND CITY OF BOZEMAN SIGNAL AGREEMENT THIS AGREEMENT made and entered into this _____day of _______, 2012, by and between MONTANA DEPARTMENT OF TRANSPORTATION (MDT) and the CITY OF BOZEMAN (CITY). I. SCOPE OF WORK This contract is for repair of damaged or malfunctioning traffic signal equipment. In consideration of the payments made to the City by MDT in accord with this contract, the City agrees to provide all of the activities ordinarily associated with traffic signal repair for all traffic signals located within or near the City limits of Bozeman on an actual cost basis. The costs to repair the signalized intersections shall be the actual costs and shall include all labor, materials, equipment and rent. For purposes of this agreement, repair is to include all work associated with damaged or malfunctioning equipment and appurtenances which facilitate the function of the signal including, but not limited to, the controller cabinet, controller, lamps, lens reflectors, traffic-actuated detectors, poles and cables. MDT will provide routine maintenance work 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 City will maintain an inventory of MDT parts at a location agreeable to both parties. If a replacement part is needed that is not in MDT’s inventory, one may be used from the City’s inventory and replaced by MDT upon notification by the City. MDT and the City will each provide the name and contact information for one contact person to represent the parties in the implementation and interpretation of this contract. MDT will reimburse the City for actual costs of training, including costs of travel, meals, and lodging necessary for the continuing training needed to obtain and maintain knowledge and certification necessary to repair the signals and lights. The necessity of training will be mutually agreed upon in writing by both parties. In-house, in-state training will be considered the most advantageous for both parties. The City will maintain at least two (2) persons certified by International Municipal Signal Association (IMSA) to be proficient in traffic signal repair and maintenance. The City will ensure at least two (2) additional people will begin training to achieve the same certification. The traffic signals to be repaired as needed by the City and reimbursed by the State are: 1. Main Street: a. Pedestrian Signal at High School between South 11th Avenue and South 15th Avenue. b. Signal at Highland Boulevard. c. Signal at Wallace Avenue. d. Signal at Church Avenue. e. Signal at Rouse Avenue. f. Signal at Bozeman Avenue. g. Signal at Black Avenue. 15 MDT/CITY OF BOZEMAN SIGNAL AGREEMENT Page 2 h. Signal at Tracy Avenue. i. Signal at Willson Avenue. j. Signal at Grand Avenue. k. Signal at 5th Avenue. l. Signal at 7th Avenue. m. Signal at 8th Avenue. n. Signal at 11th Avenue. o. Signal at 15th Avenue. p. Signal at 19th Avenue. q. Signal at 23rd/Babcock Street. r. Signal at College Street. s. Signal at Fowler Avenue. t. Signal at Ferguson Avenue. u. Signal at Cottonwood Road. v. Signal at Cobb Hill Road 2. North 19th Avenue: a. Signal at Beall Street. b. Signal at Durston Road. c. Signal at Oak Street. d. Signal at Tschache Lane. e. Signal at Baxter Lane. f. Signal at Deadmans Gulch/Cattail Street. g. Signal at Valley Center Drive. h. Signal at I-90. i. Signal at Springhill Lane. 3. North Seventh Avenue: a. Signal at Mendenhall Street. b. Flashing lights at Villard Street. c. Signal at Durston Road. d. Signal at Oak Street. e. Signal at Tamarack Street. f. Signals at I-90 (2). g. Signal at Griffin Drive. 4. Rouse Avenue: a. Flashing lights at Lamme Street. b. Signal at Mendenhall Street. c. Signal at Tamarack Street. d. Signal at Oak Street. e. Signal at Griffin Drive. 5. Highway 10: a. Signal at Springhill Road. b. Flashing lights at Nelson Road. c. Flashing lights at Valley Center Underpass. 16 MDT/CITY OF BOZEMAN SIGNAL AGREEMENT Page 3 Additional signals may be added by consent of the parties subject to the terms and conditions of this contract. In addition to the signals set forth above, MDT will maintain, on the State maintained System within the right-of-way, the signs included in Part II, Part III, Part IV, Part V and Part VII of the Manual on Uniform Traffic Control Devices, Millennium Edition, which is incorporated by reference herein. The City will maintain those signs in Part II 2B-31, Urban Parking and Stopping Signs, Part II 2D-39, Street Name Signs, Part II 2D-40, Parking Area Signs, and Part II 2D-41, Park and Ride Signs, of the Manual on Uniform Traffic Control Devices, Millennium Edition, at no cost to MDT. If personnel are available, the City agrees to assist in repair of signals located in Belgrade, Four Corners, Livingston, Big Sky and West Yellowstone. Payment will be as outlined in this agreement and will include travel time from Bozeman. The City further agrees to assist and advise MDT personnel in the structure and implementation of a continuing signal maintenance program to be accomplished by MDT forces. II. TERM This contract is effective on the date it has been executed by both parties and terminates on June 30, 2017 unless otherwise agreed by the parties in writing. III. PAYMENT The City shall submit the actual cost of maintaining the signalized intersections. The cost to maintain the signalized intersections shall include all labor, materials and equipment rental. The City shall submit the billing to MDT for the work done for the preceding month on or about the first of each month. Billing shall be itemized for each location. IV. TERMINATION OR DEFAULT The parties mutually agree the contract may be terminated by either party upon giving 30 days written notice to the other party. Such notice must be delivered by certified mail. Upon service of such notice, MDT shall be liable only for the work completed as of the date of such notice. V. LEGAL COMPLIANCE The City must comply with all applicable Federal and State laws including, but not limited to, prevailing wage laws and those laws referred to in the following NOTICE. VI. NOTICE During the performance of this Agreement, the City, for itself, its assigned successors in interest, agrees as follows: A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL-AID CONTRACTS 17 MDT/CITY OF BOZEMAN SIGNAL AGREEMENT Page 4 (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 though 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, (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 of 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. 18 MDT/CITY OF BOZEMAN SIGNAL AGREEMENT Page 5 B) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR PRACTICES, I 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.” VII. 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 the First Judicial District, in and for the County of Lewis and Clark, State of Montana. VIII. AUDIT AND RECORDS The City shall maintain reasonable records of its performance under this contract. The City agrees that MDT, the Legislative Auditor, and/or the Legislative Fiscal Analyst may audit all records, reports and other documents which the City maintains under the terms of the contract to ensure contract compliance. Such records, reports, and other documents may be audited at any reasonable time. IX. HOLD HARMLESS AND INDEMNITY MDT agrees that it will defend, protect, indemnify and hold harmless the City, its employees and elected officials from any claim damage or loss caused by, due to or allegedly due to the failure of the Department or any of its employees to perform the responsibilities and duties set forth in this agreement. The City agrees that it will defend, protect, indemnify and hold harmless the State and Department, and their employees or elected officials from any claim, damage or loss caused by, due to or allegedly due to the failure of the City or its employees to perform the duties or responsibilities set forth in this agreement. X. TIME OF ESSENCE The parties to this contract understand and agree time is of the essence in completing the scope of work identified herein in the time set forth. 19 MDT/CITY OF BOZEMAN SIGNAL AGREEMENT Page 6 XI. MODIFICATION This contract contains the entire agreement between the parties and no statements, promises, or inducements made by either party, or its agents which modifies, 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 contract is to be expanded or decreased, thereby necessitation an adjustment in payment, the parties agree that any modification will be done by separate written agreement. XII. COORDINATION MEETINGS The City and MDT agree to meet as needed to discuss the performance of this contract. XIII. COMPENSATED DAMAGES It is understood that any damages that are caused by third parties will be repaired by the City, and a billing for these repairs shall be sent to the State along with any documentation which the City has available to help the State in seeking restitution. The State shall pay the City’s actual costs. IN WITNESS WHEREOF, the Director of the Department of Transportation or his authorized representative has hereunto subscribed his name on behalf of the State of Montana and the City Manager of the City of Bozeman on behalf of said City of Bozeman have subscribed their names and affixed hereto the seal of the City. DATED this _____ day of ________________, 2012. CITY OF BOZEMAN __________________________ CHRIS A. KUKULSKI, City Manager Approved as to form: __________________________ GREG SULLIVAN, City Attorney I, Stacy Ulmen, City Clerk of the City of Bozeman, do hereby certify that the above- mentioned agreement was regularly adopted by the Commission of Bozeman, at a meeting thereof held on the _____ day of ___________________, 2012, and that the Commission of Bozeman authorized the City Manager to sign this agreement on behalf of the Commission. _______________________________________ Stacy Ulmen, City Clerk 20 MDT/CITY OF BOZEMAN SIGNAL AGREEMENT Page 7 STATE OF MONTANA DEPARTMENT OF TRANSPORTATION ___________________________ TIM REARDON, Director Date: ______________________ Approved as to form: ____________________________ Legal Counsel 21