HomeMy WebLinkAbout12- Montana Department of Transportation and City of Bozeman Signal Agreement Record Series: General Agreements
Record Title: Participation Agreements
MONTANA DEPARTMENT OF TRANSPORTATION AND CITY OF BOZEMAN
SIGNAL AGREEMENT
THIS AGREEMENT made and entered into this 1.5+day of C4 LA—1 2012, by and
between MONTANA DEPARTMENT OF TRANSPORTATION (MDT) an 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 name on 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 II"' Avenue and
South 15"' Avenue.
b. Signal at Highland Boulevard.
C. Signal at Wallace Avenue. V"
d. Signal at Church Avenue.
e. Signal at Rouse Avenue.
APR 2 3 2%']13
f. Signal at Bozeman Avenue.
9- Signal at Black Avenue. E'I E� I OF
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MDT/CITY OF BOZEMAN SIGNAL AGREEMENT
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h. Signal at Tracy Avenue.
i. Signal at Willson Avenue.
j. Signal at Grand Avenue.
k. Signal at 51h Avenue.
1. Signal at 7'�' Avenue.
In. Signal at 8"'Avenue.
n, Signal at I I'h Avenue.
01 Signal at 15"' Avenue.
P. Signal at 19`h 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 19`h 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.
9. Signal at Valley Center Drive.
h. Signal at 1-90,
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 1-90 (2).
9. 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.
MDT/CITY OF BOZEMAN SIGNAL AGREEMENT Page 2
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 11, 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 11213-31, Urban Parking and Stopping Signs,
Part 112D-39, Street Name Signs, Part 11 2D-40, Parking Area Signs, and Part 112D-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 Comers, 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 2012 and terminates on June 30, 2017
unless otherwise agreed by the parties in 4iting.
111. 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
MDT/CITY OF BOZEMAN SIGNAL AGREEMENT Page 3
(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.
ONSWEEZZEEMMM=
MDT/CITY OF BOZEMAN SIGNAL AGREEMENT Page 4
B) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR
PRACTICES, 149-3-207, 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.
Q 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. COMPLIANCE WITH CITY COMMISSION RESOLUTION NO. 4250
During the performance of this Agreement, MDT for itself, its assignees and successors in
interest, agrees as follows:
MDT agrees not to discriminate in the fulfillment of this Agreement on the basis of race,
color, religion, creed, sex, marital status, national origin, or actual or perceived sexual
orientation, gender identify or disability.
MDT agrees this requirement shall apply to the hiring and treatment of the Department's
employees and to all subcontracts.
VIII. 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.
IX. 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.
MDT/CITY OF BOZEMAN SIGNAL AGREEMENT Page 5
X. 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.
XI. 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.
XII. 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,
XIII. COORDINATION MEETINGS
The City and MDT agree to meet as needed to discuss the performance of this contract,
XIV. 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 =Pc-)-n'day of -A T--V 1 2011.
CITY OF BOZEMAN
C�4 l
,
CHRIS A. KUKULSKI, City Manager
MDT/CITY OF BOZEMAN SIGNAL AGREEMENT Page 6
Appro ed as to for
G E U .1V City Attorney
I, Stacy Ulmen, City Clem 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 ,� ' d that the Commission of
Bozeman authorized the City Manage to sign this age a rit on beb f the Commission.
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STA OF MONTANA
DEPARTMENT OF TRANSPORTATION
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TIM REARDO&,
Approved as to form:
4hiefgal Co nsel
Signed and sworn to before me on the day of , 2012, by
Notary Public for the State of Montana
Residing at
My Commission Expires
MDT/CITY OF BOZEMAN SIGNAL AGREEMENT Page 7