HomeMy WebLinkAbout12- West Bozeman Interchange Highway Amenities Agreement with MDT HIGHWAY AMENITIES
AGREEMENT
West Bozeman Interchange - Bozeman
1M 90-6(113)306
UPN 3871002
This Agreement is entered into between the Montana Department of Transportation
("MDT") and City of Bozeman ("CITY").
WHEREAS, this Agreement is created to incorporate amenities desired by CITY into the
design and construction of Federal Aid Project Number:
West Bozeman Interchange — Bozeman IM 90-6(113)306
WHEREAS, MDT agrees to include these amenities into the design and construction of
this project.
WHEREAS, MDT agrees to be the governing body responsible for the operation and
maintenance, as contained within this Agreement, for these items.
NOW THEREFORE, for and in consideration of the mutual promises and agreements
set forth herein, MDT agrees to incorporate the following into the design and
construction of this project per plan.
I. Luminaire Poles and Fixtures
MDT shall install 10 CITY-supplied poles and fixtures with subject project. MDT
shall supply and install all other necessary components of the lighting system.
MDT agrees to continue to maintain luminaires throughout the limits of this
project and to continue to pay monthly electrical service costs MDT shall
inform the CITY of the proposed bid advertising date of the project.
NOW THEREFORE, for and in consideration of the mutual promises and agreements
set forth herein, the CITY agrees to the following:
1. Luminaire Poles and Fixtures
CITY shall supply new poles and fixtures and have them on hand before bid
advertisement of the project. CITY shall comply with all requirements of Buy
America provisions in procurement of poles and fixtures. CITY agrees to
maintain an adequate supply of replacement poles and fixtures to be used by
MDT as needed
MDT agrees to protect, indemnify, defend and save harmless the CITY against and
from all claims, liabilities, demands, causes of action, judgments, and losses (including
costs and attorney's fees incurred by the CITY in the defense thereof) to them arising in
favor of or asserted by any person or entity on account of personal injury, death or
damage to property arising solely out of, or in connection with, a defect in MDT's design
or construction of the project or from the negligent or intentional act of department
employees.
The CITY agrees to 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 or the CITY's performance or failure to
perform as stated in this agreement. 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.
MDT and the CITY agree not to discriminate in the fulfillment of this agreement on the
basis of race, color, religion, creed, sex, age, marital status, national origin or actual or
perceived sexual orientation, gender identity or disability. Both parties agree this
requirement shall apply to the hiring and treatment of employees, contractors, and sub-
contractors.
IN WITNESS WHEREOF, the Director of Transportation's authorized representative has
signed on behalf of the State of Montana, and the Mayor has signed, on behalf of the
City of Bozeman.
APPROVED FOR THE CITY APPROVED FOR THE STATE
City Commission Montana Department of Transportation��. e��Pe �/- - C---�
4.
City Manager �6tana Department of Transportation
Date: !' 8 , 2012 Date: r3 2012
ATTEST: B>,O
0�R p
By _ '. Date: �3- i% _, 2012
qty
APPROVED AS T(�"FOR AND APPROVED FOR LEGAL CONTENT
APPROVED AS TO FORM AND APPROVED FOR LEGAL CONTENT
CONTENT
By: By
City Attorney MDT Legal Counsel