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HomeMy WebLinkAbout12- Montana Department of Transportation for North 7th avenue lighting MEMORANDUM OF AGREEMENT North 7TH Avenue Lighting (U-1207) Main Street to Griffin Drive This Agreement is entered into between the Montana Department of Transportation ("MDT") and the City of Bozeman ("CITY"). WHEREAS, this Agreement is created to identify responsibilities for new decorative "decorative style" luminaire construction, operation, and maintenance on North 7" Avenue in Bozeman; and WHEREAS, The CITY and MDT recognize that roadway lighting is a required design element on this corridor. NOW THEREFORE, for and in consideration of the mutual promises and agreements set forth herein, the parties agree as follows; 1. MAIN STREET-OAK STREET SEGMENT A. DESIGN and CONSTRUCTION CITY shall purchase and take delivery of all necessary poles and fixtures, including any necessary replacement parts. CITY shall be solely responsible for the design and construction of the new luminaire system on the Main Street — Oak Street segment as approved by MDT. CITY agrees to meet lighting and construction standards as required by MDT. MDT shall review and approve CITY plans in a timely manner before construction. CITY shall install all poles and fixtures on the Main Street— Oak Street segment of No. 7" Ave. B. OPERATION and MAINTENANCE CITY shall pay all energy costs associated with new luminaires in the Main Street-Oak Street segment, as part of Special Improvement Lighting District No. 460. MDT shall be excluded from the modified Special Improvement Lighting District No. 460, which shall include the Main Street-Oak Street segment, and shall not participate financially in the Lighting District or through any other means for energy costs of the lighting on this segment. a ,, C MDT shall undertake routine maintenance of the new "decorative" system between the northern half of the Oak Street right-of-way and Main Street, including bulb and standard replacement and repair. CITY shall keep a stack of replacement parts for use by MDT.. CITY shall attempt to collect payment for any damage done by a third party to the system on the Main Street-Oak Street segment, and apply any costs recovered to repair and replacement costs. CITY and MDT agree that any major repair costs that are unrecoverable from third parties shall be shared equally between the CITY and MDT. 2. OAK STREET—GRIFFIN DRIVE SEGMENT k A. DESIGN and CONSTRUCTION MDT shall not immediately replace the existing fighting system between Oak Street and Griffin Drive, although the Oak Street-Griffin Drive segment is under its sole jurisdiction. MDT may later replace the existing lighting with new decorative lighting, at its sole determination for timing, and sole responsibility for purchase, design and construction of new decorative lighting. CITY may replace the existing lighting in this MDT jurisdictional area with new decorative lighting at any time, subject to the following conditions: • CITY shall purchase and take delivery of all necessary poles and fixtures, including any necessary replacement parts; • CITY shall be solely responsible for the design and construction of the new luminaire system on the Oak Street - Griffin Drive segment as approved by MDT; • CITY agrees to meet lighting and construction standards as required by MDT; • MDT shall review and approve CITY plans in a timely manner before construction; and • CITY shall install all poles and fixtures on the Oak Street– Griffin Drive segment if it undertakes replacement of the lighting on this segment. B. OPERATION and MAINTENANCE MDT shall continue to pay all energy costs on the existing lighting system between Oak Street and Griffin Drive as well as luminaires on MDT signal standards. 2 1 P g If MDT or CITY replace the existing lighting in this area with new decorative lighting in the future, MDT will continue to pay all energy costs in this segment. MDT shall maintain and repair the existing lighting system on this segment, If MDT or CITY replace the existing lighting in this area with new decorative lighting in the future, MDT shall maintain the new system with CITY supplied replacement parts. CITY will invoice MDT for eighty percent (80%) of the cost of the specialty replacement parts for any future decorative lighting which may be installed on this segment. 3. WEST BOZEMAN INTERCHANGE — BOZEIVIAN PROJECT A. DESIGN AND CONSTRUCTION MDT shall install ten (10) CITY-supplied decorative "decorative" luminaire poles and fixtures, with the West Bozeman Interchange - Bozeman IM 90-6(113)306 project for the remaining segment of the No. 7�h Ave. Lighting project, CITY shall purchase and take delivery of the 10 necessary poles and fixtures, including any necessary replacement parts, and deliver the poles and fixtures to MDT. MDT shall be solely responsible for the design and construction of the ten poles and fixtures installed by MDT as part of the West Bozeman Interchange- Bozeman project. B. OPERATION AND MAINTENANCE MDT shall pay all energy costs associated with new luminaires in the West Bozeman Interchange-Bozeman project segment, MDT shall undertake all maintenance of the new "decorative" system in the West Bozeman Interchange-Bozeman project segment, including bulb and standard replacement and repair. CITY shall keep a stock of replacement parts for use by MDT. 4. OTHER TERMS AND CONDITIONS The parties mutually agree as follows: A. INDEMNIFICATION MDT agrees to protect, indemnify, defend and save harmless the CITY (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 State or MDT itself) on account of personal injury, death or damage 3 111 to property which in any way, in whole or in part, results from arises out of, involves or is connected to or MDT's performance or failure to perform as stated in this Agreement. 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. B. NON-DISCRIMINATION 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 identify or disability. Both parties agree this requirement shall apply to the hiring and treatment of employees, contractors, and sub- contractors. CITY agrees to comply with all applicable non-discrimination regulations shown on Attachment A. Additionally, MDT requires that any construction resulting from this MOA must include appropriate pedestrian facilities that meet or exceed current MDT standards for accessibility as set forth in the US Architectural & Transportation Barriers Board, Americans with Disabilities Act Accessibility Guidelines (ADAAG) and MDT's Detailed Drawings, 608 Series. C. ACCESS AND RETENTION OF RECORDS The CITY agrees to provide MDT, Legislative Auditor, or their authorized agents access to any records necessary to determine MOA compliance (Mont. Code Ann. §18-1-118). The CITY agrees to create and retain records supporting the services rendered or supplied delivered for a period of three years after either the completion date of the MOA or the conclusion of any claim, litigation or exception relating to the MOA taken by the State of Montana or a third party. D. ASSIGNMENT,TRANSFER AND SUBCONTRACTING The CITY shall not assign, transfer or subcontract any portion of this MOA without the express written consent of MDT (Mont. Code Ann. §18-4-141). E. TERMINATION OF MOA All parties agree to move in an efficient and expeditious manner toward development of these proposals under the conditions specified within this MOA. The parties may mutually terminate this Agreement by written agreement at any time. 4 1 P ',i a c (a) MDT, at its sole discretion, may terminate or reduce the scope of this Agreement or project if funding is reduced for any reason, (b) Termination for Cause: MDT may terminate this Agreement in whole or in part at any time the CITY fails to perform the Agreement pursuant to the conditions set forth in this Agreement. F. MODIFICATIONS AND AMENDMENT This MOA may be modified or amended, in writing, by agreement of the parties involved, G. GOVERNING LAW This MOA is governed by the laws of the State of Montana. Venue for any litigation will only be in Lewis and Clark County, State of Montana. In case of conflict between the obligation imposed by this MOA and Montana law, Montana law will control. H. BINDING EFFECT The obligations set forth in this MOA shall be binding upon, and the benefit of this MOA shall inure to the benefit of each party's respective successors and assigns. I. RELATIONSHIP OF THE PARTIES Nothing contained in this MOA shall be deemed or construed by either party hereto or by any third party to create the relationship of principal and agent or create any partnership, joint venture or any other association between MDT and the CITY, IN WITNESS WHEREOF, the Director of Transportation's authorized representative has signed on behalf of the State of Montana, and the City Manager has signed, on behalf of the City of Bozeman. APPROVED FOR THE CITY APPROVED FOR THE STATE City Commission Montana Department of Transportation A City Manager Monte 6lbeArtment of Transportation Date: 2 1- 2� 2012 Date: 201'-1 3 5 1 Pi fl, c ATTEST: 13 a_ By ' Date: , 2012 Ity APPROVED AS TO FORM AND APPROVED FOR LEGAL CONTENT CONTENT By: By. ( �r�_, r�a4 t5 v City Attorney MDILegal Counsel 6IFsi a !