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HomeMy WebLinkAbout15- Amendment / Addendum with Gallatin County for Traffic Signal MaintenanceAddendum to Traffic Signal Maintenance Agreement This Agreement is entered into this day of — t ,t Z , 201t between Gallatin County, 311 West Main Street, Bozeman, MT 59715 (the "County") and the City of Bozeman, a self-governing Charter government, P.O. Box 1230, Bozeman, MT 59771-1230 (the "City"). Whereas, on January 8, 2008 the parties entered into a Traffic Signal Maintenance Agreement (the "Maintenance Agreement") for the maintenance and repair of traffic signal equipment located at the intersection of Amsterdam Road and Thorpe Road; and Whereas, the County requested the City perform services to maintain the signal equipment because the County does not have the equipment or expertise to maintain such equipment; and Whereas, the County desires the City continue to perform such services. NOW THEREFORE, in consideration of the covenants, agreements, representations, and warranties contained herein, the parties agree as follows: 1. Maintenance Agreement: Except as modified herein all provisions of the Maintenance Agreement remain in full force and effect. 2. Term: The Maintenance Agreement shall be extended for an additional five (5) year term from the date both parties execute this Addendum. 3. Waiver and Release of Claims: a. The County, on behalf of its officers, employees, and agents, waives any and all claims and recourse against the City and its officers, agents or employees, including breach of contract and the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the City's performance of this Addendum and the Maintenance Agreement. b. The County, on behalf of its officers, employees, and agents, waives any right to claim or recover consequential, incidental, special, or any other kind of damages of whatever kind from the City for the City's performance under this Addendum and the Maintenance Agreement, its officers, employees, and agents. Addendum to Traffic Signal Maintenance Agreement Page 1 of 3 4. No Third -Party Beneficiary: This Addendum and the Maintenance Agreement is for the exclusive benefit of the parties, does not constitute a third -party beneficiary agreement, and may not be relied upon or enforced by a third party. 5. Severability: If any portion of this Addendum or the Maintenance Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 6. Indemnification/Hold Harmless: To the fullest extent permitted by law, the County shall indemnify, hold harmless, and defend the City and its agents, officers, and employees from and against any and all liability (including liability where activity is inherently or intrinsically dangerous), claims, damages, losses, expenses, or costs, including but not limited to reasonable attorney's fees (including fees of the City Attorney) connected therewith that may be asserted against, recovered from or suffered by the City by reason of any injury or loss, including but not limited to personal injury, including bodily injury or death, property damage, occasioned by, growing or arising out of or resulting from County's or a third party's negligence, recklessness, or intentional misconduct, or from County's or a third party's failure to comply with the requirements of this Addendum and the Maintenance Agreement or with all federal, state and local law applicable to the performance of this Addendum or the Maintenance Agreement but only to the extent that the liability, damages, losses, or costs are caused by the negligence, recklessness, or intentional misconduct of the County or a third party or the County's officers, employees or agents. In the event of an action filed against City resulting from the City's performance under this Addendum or the Maintenance Agreement, the City may elect to represent itself and incur all costs and expenses of suit. These obligations shall survive termination of this Addendum and Maintenance Agreement. 7. Insurance. County shall carry comprehensive general liability insurance in the amount no less than $2,000,000.00 for each occurrence and such policy shall name the City as additional insured on a primary non-contributory basis and be in a form suitable to the City. Such certificate shall require no less than 30 days notice of cancellation to the City. County shall put City on immediate notice of any changes or cancellation in coverage. ****************** End of Agreement except for signature page ****************** Addendum to Traffic Signal Maintenance Agreement Page 2 of 3 IN WITNESS WHEREOF, County and City have caused this Addendum to be executed, effective on the date of execution by the parties as indicated below and intend to be legally bound thereby. GALLATIN COUNTY COMMISSION Date: Date: Date: CITY OF BOZEMAN Date: Chris A. Kukulski, City Manager ATTEST: OF B 'rk Sta(�y CMC, Cit Clq App,rVo 6d,,A to form: co Gr Sullivan, City Attorney Addendum to Traffic Signal Maintenance Agreement Page 3 of 3 GC ----1 OP ID: SH '4� R� CERTIFICATE OF LIABILITY INSURANCE DA06/03/2015Y) 06/03/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER First West, Inc. PO BOX 1800 Bozeman, MT 59715 Boz Stadium 69 CONTACT NAME: Susan Howard HONE (PAC. C No.xt E :406-922-6039 AIC No): ADDRESS: sue@fstwest.com INSURER(S) AFFORDING COVERAGE NAIC # Tyler Delaney, CIC INSURER A: Travelers Casualty Insurance 01899 INSURED Gallatin County 311 West Main, Room 304 Bozeman, MT 59715 INSURER B: Travelers Indemnity Co of CT 25682 INSURER C: Travelers Indemnity Company 25658 INSURER 0: B INSURER E: X INSURER F: ZLP15P3123614PB COVERAGES CERTIFICATE NUMBER: REVISION NIJMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE DD B POLICY NUMBER MM%DIDY POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE$ 1,500,000 B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_] OCCUR X ZLP15P3123614PB 07/01/2014 07/01/2015 PREMISES EaoTGRE urD $ 100,000 MED EXP (Any one person) $ excluded PERSONAL & ADV INJURY $ 1,500,000 X Prof Law Enforcem GENERAL AGGREGATE $ 3,000,000 ZLPlSP3123614PB 07/01/2014 07/01/2015 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 3,000,000 X POLICY PRO - LOC Profess $ $3ML/$1. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Eaaocident $ 1,000,000 B X ANY AUTO H8109161P172TCT14 07/01/2014 07/01/2015 BODILY INJURY (Per person) $ X ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOSX AUTOS BODILY INJURY Per accident) $ PROPERTY DAMAGE PER ACCIDENT $ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 C X EXCESS LIAB CLAIMS -MADE ZUPlSP3124814PB 07/01/2014 07/01/2015 AGGREGATE $ 5,000,000 DED I X I RETENTION $ 10000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVEHSUB71394730214 OFFICERIMEMBER EXCLUDED? F—] N I A 07/01/2014 07/01/2015 X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,000 C Lease/rented equip H6302A09978AIND14 07/01/2014 07/01/2015 L&R Equip 570,58 Ded 2,500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Certificate holder is additional insured for General Liability per conditions and limitations of policy form CGD480 0209 available upon request. Primary and noncontributory language applies where required by a written contract or agreement per the conditions and limitations of general liability form CGD426 0708 available upon request. -11 lIM114%1CL -1A I IVIV CITYB27 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Bozeman ACCORDANCE WITH THE POLICY PROVISIONS. It's Officers, Employee&Agents PO Box 1230 AUTHORIZED REPRESENTATIVE 1 North Rouse ,Bozeman, MT 59771-1230 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: John Van Delinder, Street Superintendent Craig Woolard, Director of Public Works Chris Is'-ukulski, City Manager SUBJECT: Signal Maintenance Agreement for the County owned traffic signal at Amsterdam and Thorpe Roads. MEETING DATE: June 15, 2015 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the Commission authorize the City Manager to sign the agreement between Gallatin County and the City of Bozeman for the repair and maintenance of the traffic signal equipment at Amsterdam and Thorpe Roads. BACKGROUND: The City of Bozeman's Sign and Signal Department maintains and repairs its own traffic signals and through a contract with the Montana Department of Transportation also repairs their signals. The County currently has one signal and no one on staff qualified to repair or maintain it. We have the staff, knowledge and equipment to repair and maintain it. The City's legal staff has reviewed this contract. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None. The County will reimburse us for all expenses. Attachments: Addendum to Traffic Signal Maintenance Agreement and Certificate of Liability Insurance Report compiled on: June 8, 2015