HomeMy WebLinkAboutResolution No. R18-11RESOLUTION NO. R18-11
A RESOLUTION APPROVING A MAINTENANCE AGREEMENT BETWEEN THE
CITY OF LAUREL AND THE MONTANA DEPARTMENT OF TRANSPORTATION
("MDT") THAT PROVIDES THE CITY'S RESPONSIBILITIES FOR THE
MANHOLE REHABILITATION PROJECT ALONG OLD HIGHWAY 10 (N-4).
BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The Maintenance Agreement between the City of Laurel and
Montana Department of Transportation ("MDT") prepared by the State of Montana and
entitled City/State Memorandum of Agreement Laurel, MT Manhole Rehabilitation (N-
4) Maintenance Agreement, a copy attached hereto, is hereby approved.
Section 2: Execution. The Mayor and Clerk -Treasurer of the City of Laurel are
hereby given authority to execute said agreement on behalf of the City.
Introduced at a regular meeting of the City Council on March 20, 2018 by Council
Member Wilke
PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this
20th day of March, 2018.
APPROVED by the Mayor this 20"' day of March, 2018.
CITY OF LAUREL
Thomas C. Nelson, Mayor
ATTEST:
Bethany K ler, Clerk -Treasurer
APPROVED AS TO FORM:
9)�.-Qd
Sam Painter, Civil City Attorney
R18-11 City/State MOA Laurel, MT Manhole Rehabilitation (N-4) Maintenance Agreement
City/State Memorandum of Agreement
Laurel, MT Manhole Rehabilitation (N-4)
Maintenance Agreement
This Memorandum of Agreement (Agreement) is made and entered into by and between
the city of Laurel ("the City"), a self-governing municipality operating pursuant to its
Charter and the laws of the State of Montana, 115 West 1St Street, Laurel, MT 59044 and
the Montana Department of Transportation ("MDT"), a department of the State of Montana,
P.O. Box 201001, Helena MT 59620-1001 together referred to as "the Parties".
The Purpose of this Agreement is to set forth the respective responsibilities and duties of
the City associated with the manhole rehabilitation project proposed at along Old Highway
10 (N-4) a State Highway under the Transportation Commission jurisdiction on the
Primary Highway System as defined in 60-2-125, MCA. This Agreement sets forth the
terms necessary for the City to perform the rehabilitation work proposed on 5 manholes
along Old Highway 10 (N-4) located between mile post 55 and 56 shown in Attachment B.
WHEREAS, MDT is responsible for planning, designing, constructing and maintaining State
Highways and roadways, and associated transportation facilities, including associated pulI-
offs, parking areas, and rest areas for the use and benefit of the traveling public, in a safe
and efficient manner and in accordance with Title 23 United States Code (U.S.C) and Title
60 Montana Code Annotated (MCA) and has jurisdiction for Old Highway 10 (N-4); and
WHEREAS, Old Highway 10 (N-4) is on the Highway System within the State of Montana
and is eligible to receive Federal Highway Funds; and
WHEREAS, in accordance with the State's agreement with the Federal Highway
Administration (FHWA) of the U.S. Department of Transportation, MDT must ensure that
certain requirements are met in order for MDT to fulfill its obligations to the FHWA and for
Old Highway 10 (N-4) to be eligible for federal funds; and
WHEREAS, The City hereby concurs with the Highway System designation of the highway
that was designated under Section 60-2-110, MCA,
NOW, THEREFORE, in consideration of the following mutual promises, the parties agree as
follows:
II Page
ARTICLE 1. OBLIGATIONS OF THE CITY - MAINTENANCE
A. Old Highway 10 (N-4) "Manhole" Maintenance
1. The City agrees to assume full responsibility for and control of the maintenance for
the proposed manholes along Old Highway 10 (N-4) located between mile post 55
and 56 shown in Attachment B.
a) For the purposes of this Agreement, "manhole maintenance" means: snow, water
and debris removal and/or repair of the manholes, their immediate components
including the sub -base and surfacing of old Highway 10 (N-4) either directly
modified or impacted in the rehabilitation process shown in Attachment B due to
any cause including but not limited to normal wear from use, frost, snow,
landscaping (tree roots), structural failures attributable to materials used or
work performed in the rehabilitation process, or other encroachments.
2. The City agrees that the maintenance responsibility will remain in effect for the
term of this agreement until the manhole facilities are reconstructed or removed,
unless otherwise agreed to in writing by the Parties.
ARTICLE II. GENERAL TERMS AND CONDITIONS
A. Term -This Agreement shall continue for ten (10) years at which time the parties may
review the Agreement for updates or modifications. This Agreement will remain in
effect until the new Agreement is in place or until all five (5) manhole facilities along
Old Highway 10 (N-4) located between mile post SS and S6 shown in Attachment B
have been removed from OId Highway 10 (N-4).
B. Hold Harmless & Indemnification -
The City shall protect, defend, indemnify, and hold MDT, its elected and appointed
officials, agents, and employees, while acting within their duties as such, harmless from
and against all claims, liabilities, demands, causes of action, and judgements (include
the cost of defense and reasonable attorney fees) arising in favor of or asserted by the
City's employees or third parties on account of damage to property, bodily or personal
injury, or death arising out of any services performed, act or omission that in any way
results from the acts or omissions of the City, or their agents, or subcontractors, under
this Agreement, except the negligence of MDT under this Agreement.
C. Insurance -The City is a member of the Montana Municipal Interlocal Authority's
(MM IA) Liability Program. The City will maintain for the duration of the Agreement at
its own cost and expense liability coverage against claims for injuries to persons or
damages to property which may arise from or in connection with any act or omission by
the City and its agents, employees, representative, assigns or subcontractors during the
term of this Agreement. Except as may be excluded from coverage under the applicable
MMIA Memorandum of Liability Coverage, this coverage shall cover such claims as may
21 Page
be caused by any intentional or negligent act or omission. Coverage amounts shall be
no less than $750,000 per claim and $1,500,000 per occurrence. The City must provide
MDT proof of its MMIA coverage before beginning any activities under this Agreement.
The City must notify the State immediately of any change in liability coverage during
the term of this Agreement.
1. Additional insured status: The State, MDT, its officers, officials, employees, and
volunteers are to be covered and listed as additional insureds arising out of the
activities performed by or on behalf of the City, including the insured's general
supervision of any Contractor; products, and completed operations; premises
owned, leased, occupied or used.
2. Additional covered party endorsement: The City must obtain an additional
covered party endorsement listing the State, MDT, its officers, officials, employees
are to be covered and listed as additional covered parties for claims arising out of
the activities performed by or on behalf of the City.
3. Workers' Compensation Insurance: The City provides its employees workers
compensation coverage through the MMIA. The City must maintain workers'
compensation insurance and require its contractor and its contractor's
subcontractors to carry their own workers compensation coverage while
performing work within MDT right-of-way in accordance with §39-71-401/405,
Montana Code annotated. Neither the contractor nor its employees are employees
of MDT. This insurance/exemption must be valid for the entire Agreement period.
D. Public Safety - It is agreed that, if any repairs to any of the five (5) manhole facilities
along Old Highway 10 (N-4) located between mile post 55 and 56 shown in Attachment
B must be performed to address or prevent a public hazard, the City will immediately
protect the area from public access, contact MDT Billings District Office, and make
reasonable and timely effort to correct or repair the hazard.
E. Invoicing and Indirect Cost (1DC). - If MDT incurs any costs as a result of a public
emergency, as a result of the City not meeting the requirements in this Agreement
which necessitates action on MDT's part concerning the maintenance, removal, or
repair of any of the five (5) manhole facilities along Old Highway 10 (N-4) located
between mile post 55 and 56 shown in Attachment B, MDT shall be entitled to be
compensated for such costs by the City and the City shall pay the same within thirty
(30) days of its receipt of such invoices.
Section 17-1-106, MCA, requires any state agency, including MDT, which receives non -
general funds to identify and recover its indirect costs (IDC). These costs are in addition
to direct project costs. MDT's IDC rate is determined annually as a percentage of the
project's direct costs to cover the project's share of MDT's IDC as defined by 2 CFR Part
200, Appendix VII. MDT's current IDC rate is 10.96% for fiscal year 2018 (July 1, 2017
to June 30, 2018). If the work occurs or extends into fiscal year 2019 or beyond the IDC
3 1 P a g e
rate wiII be charged at the rate agreed to by MDT and the Federal Highway
Administration (FHWA).
1. Invoices will be sent to:
City of Laurel
115 West 1s' Street
Laurel, MT 59044
2. Payments shall be made to:
Montana Department of Transportation
Attention: Collections
2701 Prospect Avenue
PO Box 201001
Helena, MT 59620-1001
F. Choice of Law and Venue - This Agreement shall be governed by the laws of Montana
The parties agree that any litigation concerning this Agreement must be brought in the
First Judicial District Court, in and for the County of Lewis and Clark, State of Montana,
and each party shall pay its own costs and attorney fees. In case of conflict between the
terms and conditions of this Agreement and the laws of the State of Montana, the laws
of the State of Montana shall control.
G. Binding Effect --The benefits and obligations set forth in this Agreement shall be
binding upon, and inure to the benefit of, their respective successors, administrators
and assigns of the Parties.
H. Relationship of Parties --Nothing contained in this Agreement shall be deemed or
construed (either by the parties hereto or by any third party) to create the relationship
of principal and agent or create any partnership joint venture or other association
between the Parties.
I. Non -Discrimination -The City will require that during the performance of any work
arising out of this Agreement the City, for itself, assignees, and successors shall comply
with all applicable non-discrimination regulations, as set forth in Attachment "A"
attached hereto and made part of this Agreement.
Additionally, MDT requires that any construction resulting from this Agreement must
include appropriate pedestrian facilities that meet or exceed current MDT standards for
accessibility as set forth by the United States Department of Justice 2010 ADA
Standards for Accessible Design, United States Access Board Proposed Guidelines for
Pedestrian Facilities in the Public Right -of -Way (2011 PROWAG), and MDT's detailed
drawings, 608 series.
J. Audit- The City grants to the Legislative Auditor and the Legislative Fiscal Analysts the
right, without prior notice and during normal business hours, to audit, at their own
41 Page
costs and expense, all records, reports, and other documents, the City maintains in
connection with this Agreement.
K. Amendment and Modification -- This Agreement may be modified or amended only by
written Addendum signed by the parties. In addition to the terms and conditions
contained herein, the provisions of any Addendum may be incorporated and made a
part hereof by this reference in the terms of the amendment so provided. In the event
of any conflict between the terms and conditions hereof and the provisions of any
Addendum, the provision of the Addendum shall control, unless the provisions thereof
are prohibited by law.
L. Representatives -
1. Ci 's Representative: The City's Representative for the purpose of this Agreement
shall be the Laurel City Administrator or designee or such other individual as City
shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such
communication or submission shall be directed to the City's Representative and
approvals or authorizations shall be issued only by such Representative; provided,
however, that in exigent circumstances when City's Representative is not available,
MDT may direct its communication or submission to other designated City
personnel or agents.
2. MDT's Representative: The MDT Representative for the purpose of this
Agreement shall be Billings District Administrator or such other individual as MDT
shall designate in writing. Whenever direction to or communication with MDT is
required by this Agreement, such direction or communication shall be directed to
MDT's Representative; provided, however, that in exigent circumstances when
MDT's Representative is not available, City may direct its direction or
communication or submission to other designated MDT personnel or agents.
M. Counterpart Execution - This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original but all of which together shall constitute one
and the same Agreement. The counterparts of this Agreement may be executed and
delivered by facsimile or other electronic signature by any of the parties to any other
party and the receiving party may rely on the receipt of such document so executed and
delivered by facsimile or other electronic means as if the original had been received.
5 1 P a g e
IN WI'I'NESS WHERCOF,the Department's authorized representative has hcr�unlo signed
on behaJiofthe SC�te of Mantana,and the City 11c1ministraCar af Cl�e Gity oFI.aurei,on bchaif
of thc City,has signed and afFixed hereta the seal caf the�ity.
STRTE 4)F A�ONTANA,DEPARTMENT��TRANSP4RT�T10N
By ` `��)��-�201£!
Montana Uepartment af' pr ation
I�ppraveci for T.,e�al Content
� �.} �
��provcd for Civil Rights
i
CITY QF LAUREL
� ,���� ;
�'.�-.��c-����,L� -"'� ,
Mc�yar
Altest; �
(
�
�
Cily C!�rl �� '
� ! : ._
Rev. 01/2018
MDT NONDISCRIMINATION
AND
DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation ("MDT") is committed to conducting all of its business in an
environment free from discrimination, harassment, and retaliation. In accordance with State and
Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter
"protected classes") by its employees or anyone with whom MDT does business:
Federal protected classes
Race, color, national origin,
sex, sexual orientation, gender identity,
age, disability, & Limited English Proficiency
State protected classes
Race, color, national origin, parental/marital status,
pregnancy, childbirth, or medical conditions
related to pregnancy or childbirth, religion/
creed, social origin or condition, genetic
information, sex, sexual orientation, gender
identification or expression, national origin,
ancestry, age, disability mental or physical, political
or religious affiliations or ideas, military service or
veteran status
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all
Acts and Regulations of the United States and the State of Montana relative to Non -
Discrimination in Federally and State -assisted programs of the U.S. Department of
Transportation and the State of Montana, as they may be amended from time to time, which are
herein incorporated by reference and made a part of this contract.
(2) Non-discrimination:
a. The PARTY, with regard to the work performed by it during the contract, will not
discriminate, directly or indirectly, on the grounds of any of the protected classes in the
selection and retention of subcontractors, including procurements of materials and
leases of equipment, employment, and all other activities being performed under this
contract/agreement.
b. PARTY will provide notice to its employees and the members of the public that it serves
that will include the following:
i. Statement that PARTY does not discriminate on the grounds of any protected
classes.
ii. Statement that PARTY will provide employees and members of the public that it
serves with reasonable accommodations for any known disability, upon request,
pursuant to the Americans with Disabilities Act as Amended (ADA).
iii. Contact information for PARTY's representative tasked with handling non-
discrimination complaints and providing reasonable accommodations under the
ADA.
Page 1 of 4
Rev. 01/2018
iv. Information on how to request information in alternative accessible formats.
c. In accordance with Mont. Code Ann. § 49-3-207, PARTY will include a provision, in all of
its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of
merit and qualifications and that PARTY does not discriminate on the grounds of any
protected class.
(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this contract/agreement, the
PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its
subcontracting services. The list of all currently certified DBE firms is located on the
MDT website at mdt.mt.gov/business/contracting/civil/dbe.shtmi
b. By signing this agreement the PARTY assures that:
The contractor, sub recipient or subcontractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of this contract.
The contractor shall carry out applicable requirements of 49 CFR part 26 in the
award and administration of DOT -assisted contracts. Failure by the contractor
to carry out these requirements is a material breach of this contract, which may
result in the termination of this contract or such other remedy as the recipient
deems appropriate.
c. PARTY must include the above assurance in each contractlagreement the PARTY
enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be
performed under a subcontract, including procurements of materials, or leases of equipment,
each potential subcontractor or supplier will be notified by the PARTY of the PARTY's obligation
under this contract/agreement and all Acts and Regulations of the United States and the State of
Montana related to Non -Discrimination.
(5) Information and Reports: The PARTY will provide all information and reports required by the
Acts, Regulations, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information and its facilities as may be determined by MDT
or relevant US DOT Administration to be pertinent to ascertain compliance with such Acts,
Regulations, and instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish the information, the PARTY will so certify to
MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has
made to obtain the information.
(6) Sanctions for Noncompliance: In the event of a PARTY's noncompliance with the Non-
discrimination provisions of this contract/agreement, MDT will impose such sanctions as it or the
relevant US DOT Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the PARTY
complies; and/or
b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part.
Page 2 of 4
Rev. 01/2018
(7) Pertinent Non -Discrimination Authorities:
During the performance of this contract/agreement, the PARTY, for itself, its assignees, and
successor in interest, agrees to comply with the following non-discrimination statues and
authorities; including but not limited to:
Federal
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
- Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
- Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal -aid recipients,
sub -recipients, and contractors, whether such programs or activities are Federally funded or
not);
Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which prevents discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
Page 3of4
Rev. 01/2018
- Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must
take reasonable steps to ensure that LEP persons have meaningful access to your programs
(70 Fed. Reg. at 74087 to 74100);
- Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. § 1681 of seq.).
- Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of
gender identity and in hiring by federal contractors on the basis of both sexual orientation and
gender identity.
State
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.
(8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through
seven in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The PARTY will
take action with respect to any subcontract or procurement as MDT or the relevant US DOT
Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with litigation
by a subcontractor, or supplier because of such direction, the PARTY may request MDT to enter
into any litigation to protect the interests of MDT. In addition, the PARTY may request the United
States to enter into the litigation to protect the interests of the United States.
Page 4 of 4
�
'MDr-R0WUTL-970 05117
Date Received:
Maintenance No:
Agreement No.:
Applicant Name: City ol Laurel
Address: 1 *15 West 1 st Street
Niont'@nBDepBrtR0ent uj� Transportation
Utility Encroachment Application Print Form
Complemd8yhilontanaD*pemmen'ofTransportation
figh%.vaN., Project No.:
Date Submitted: 211612010
Applicant Work Order Number:
City: Laurel 8tate:Kdontsna _7|P:58844 Telephone
Email:
Prepared by(if different than Applicant) Kurt Markegard
Email: kmarkegard@laurel.mt.gov Telephone: 1 (406) 628-A796
1) Overhead Facilities: Size:
2) Underground Facilities: Size: 5-SewarManholes 4'aczmn Type Concrete
3) Other- Concrete will be olaced around manhole covers 'to make for a level road surface -manholes %vill be lined with epoxy
Location:
Highway Number: 310VYey / Old Highway
Section: 10' Township: 2SouWh Range:
-
Longitudinal: 24 fee frmn N S
from milepost (station) 55+3,425'
Centerline or000ingVdatnilepoot(s) (station):
Oovnguyonot inparallel wththeroadwayatmi|epoat(s):
County: \elloastone
24 East '~
F-1FF�
� �� @/�� RAN |ine
humilepost (stubon) 65+4.664'
APPLICANT kSREQUIRED TO:
1. Submit One (1) copy (electronic version preferred) of this application and attach 'the following:
a. Construction Prints. (Highway prints p/efenad.) Distances from R/VVline, centerline and existing utilities, bzthe
proposed installation.
b. Environmental Checklist
2. Complete MDT Environmental Checklist U
�(||nkebove)ondo�\oin�otherneoessorypermi��omotheragenciensffec(adby�is
work. A�ochvehfiooUonofnecessary
permits.
z. Notify District Utility Engineering Specialist o,designee ol any work done under this agreement otleast 1,10hours inadvance.
4. Upon completion of work done, Applicant must submit 'the Certification and Inspection form (MDT-RO\JVUTL-968) attached, for
MDT approval.
5� Waive Applicant's rights to any reimbursement for relocation under Mont. Code Ann. 60-4-403 resulting from future state
highway projects, whether or not it is considered to be a utility at the time of relocation.
8. Comply with Montana Administrative Rules (ARN)>18.7.2O1-1O.7232.K0D7oRight-of-VVayUtilities Manual and Manual on
Uniform Traffic Control Devices.
7. Comply with all terms and conditions shown onpage 2.
Department of Transportation
Title:
Print Name:
Date Approved:
'�� � � -•
MDT-RowUTL-970 05/17 �J �N Print Form
croaachmen f�.ppific a9o� --
Page 2 of 2
Terms and Conditions:
1. APPLICABILITY. The terms and conditions herein apply to the APPLICANT and any agent, employee, representative, assign, contractor or
subcontractor conducting any installation or maintenance work described in this application. All the parties conducting work within the
highway right of way shall read and be able to produce upon request a fully executed copy of this permit.
2. NOTIFICATION. Notify District Utility Engineering Specialist of any work done under this agreement at least 48 hours in advance. No
installation work or utility maintenance work shall be commenced until APPLICANT notifies the District Utility Engineering Specialist or
designee the date the APPLICANT proposes to commence work. Notification is required each time the APPLICANT proposes to conduct
utiliri1 maintenance workwithin the highway right of way for the facility described on page one of this application. In case of emergencies
notification is as practicable, but emergency work may commence.
3. TERM. This permit shall be in full force and effect from the date hereof until revoked as herein provided.
4. REVOCATION. This permit may be revoked by STATE upon giving 45 days notice to APPLICANT by ordinary mail, sent to the address
shown herein. However, the STATE may revoke this permit without notice if APPLICANT violates any of its conditions or terms.
5. CHANGES IN HIGHWAY. If State highway changes necessitate changes in structures or installations installed under this permit,
APPLICAN-,will make necessary changes without expense to STATE.
6. STATE SAVED HARMLESS FROM CLAIMS. As a consideration of being issued this permit, the APPLICANT, its successors or assigns,
agprotect the STATE and save it harmless from all claims, actions or damage of every kind and description which may accrue to, or
be=d by, any person or persons, corporations or property by reason of the performance of any such work, character of materials used,
or manner of installations, maintenance and operation, or by the improper occupancy of highway right-of-way, and in case any suit or action
is brought against the STATE and arising out of, or by reason of, any of the above causes, the APPLICANT, its successors or assigns, will.
upon notice to them of the commencement of such action, defend the same at its sole cost and expense and satisfy any judgment which
may be rendered against the STATE in any Such suit or action.
7. PROTECTION OF TRAFFIC. The APPLICANT shall protect the work area with traffic control devices that comply with the Nlanual of
Unifgrm ic,effc Control Devices. The APPLICANT may be required to submit a traffic control plan to the District Utility Engineering
Specialist for approval prior to starting work. During work, the District Utility Engineering Specialist or designee may require the APPLICANT
to use additional traffic control devices to protect traffic or the work area. No road closure shall occur without prior approval from the District
Administrator. All workers within MDT's right-of-way who are exposed either to traffic (vehicles using the highway for purposes of travel) or to
construction equipment shall wear high -visibility class 2 or 3 safety apparel. For nighttime activity, the flagger(s) shall wear class 3 safety
apparel. APPLICANT shall provide flagger(s) who are currently certified by the Montana flagger training program; the ATSSA flagger
program; or the Idaho, Oregon, or Washington state flagger training programs.
8. HIGHWAY AND DRAINAGE. APPLICANT shall at the APPLICANT's expense install and maintain Best Management Practices (BIvIP) as
necessary to minimize damage to the highway and adjacent properties and abate pollution of surface and ground :eater sources. If the work
done under this permit interferes in any way with (BMP) devices installed by others and/or the drainage of the State highway, APPLICANT
shall, at the APPLICANT's expense, make such provisions as the STATE may direct to remedy the interference.
9. RUBBISH AND DEBRIS. Upon completion ofwork contemplated under this permit, all rubbish and debris shall be immediately removed
and the roadway and roadside left in a neat and presentable condition satisfactory to the STATE.
10. INSPECTION. The installation authorized by this permit shall be in compliance with the attached plan and the conditions of this permit. The
APPLICANT may be required to remove or revise the installation, at sole expense of APPLICANT, if the installation does not conform with
the requirements of this permit or the attached plan.
11. STATE'S RIGHT NOT TO BE INTERFERED WITH. All changes, reconstruction or relocation shall be done by APPLICANT so as to cause
I
he least interference with any of the STATE's work, and the STATE shall not be liable for any damage to the APPLICANT by reason of any
such work by the STATE, its agents, contractors or representatives, or by the exercise of any rights by the STATE upon the highways by the
installations or structures placed under this permit.
12. REMOVAL OF INSTALLATIONS OR STRUCTURES. Unless waived by the STATE, upon termination of this permit, the APPLICANT shall
remove the installations or structures installed under this permit at no cost to the STATE and restore the premises to the prior existing
condition, reasonable and ordinary wear and tear and damage by the elements, or by circumstances over which the APPLICANT has no
control, excepted.
13. MAINTENANCE AT EXPENSE OF PERMITTEE. APPLICANT shall maintain, at its sole expense, the installations and structures for which
this permit is granted, in a condition satisfactory to the STATE. Notification must be made according to paragraph 2 above_
14. STATE NOT LIABLE FOR DAMAGE TO INSTALLATIONS. In accepting this permit, the APPLICANT agrees that any damage or injury
done to installations or structures by a contractor working for the STATE, or by any STATE employee engaged in construction, alteration,
repair, maintenance or improvement of the State highway, shall be at the sole expense of the APPLICANT.
15. STATE TO BE REIMBURSED FOR REPAIRING ROADWAY. Upon being billed, APPLICANT agrees to promptly reimburse STATE for any
expense incurred in repairing surface of roadway due to settlement at installation, or for any other damage to roadway as a result of the work
performed under this permit.
16. DISCHARGE. The APPLICANT shall not discharge or cause discharge of any process wastewater, hazardous or solid waste by the
installation or operation of the facility within State Right -of -Way.
17. TOPSOIL/RESEED. The APPLICANT will salvage topsoil, re -seed, and control noxious weeds within the disturbed installation area for two
(2) years.
18. SURVEYOR. In accordance with Mont. Code Ann. § 76-3-403(2), APPLICANT shall, at APPLICANT's expense, employ the services of a
Montana Licensed Professional Land Surveyor to re-establish all existing survey monuments disturbed by work contemplated under this
permit.
19. EXPLOSIVES. The use of explosives is prohibited for the installation.
20. NO WAIVER. Any condition of this permit shall not be waived without written approval of the appropriate District Administrator.
21. FEE. The process fee for issuance of this agreement is
22. OTHER CONDITIONS AND/OR REMARKS:
Highway or Route:
Milepost(s):
2701 Prospect Avenue
rr
PO Box 201001
yM.
Montana Department of Transportation
Helena, MT 59620-1001
tLe-gaal Description:
County:
Phone: (406) 444-7228
MDT -ENV -006 04/17
Environmental Checklist
Fax(406)44-7245
Page 7 of 2
2 south
-7696
10
� s
Date
Choose type of Environmental Checklist:
Feb 20, 2018
EncroachmentlOccupancy (including Utility)
Highway or Route:
Milepost(s):
Highway 310I
Public Works Director
between 55 and 56 {
Physical Address:
City:
I
[ Laurel
tLe-gaal Description:
County:
City: State: Zip:
Business Phone:
Yellowstone
Township: Range:
Section(s): _
2 south
24 east _1
10
Name:
Title
Kurt Markegard
Public Works Director
Company/Utility:
City of Laurel Waste Water Collection Utility
i
Mailing Address:
[P-0 . Box 10 V '—' -�
Phone:
406-628-4795
City: State: Zip:
Business Phone:
Laurel MT 59044 ��
Montana Environmental Checklist Help Guide (click button to view) I Guide
apact Questions Comment, Expl, and/or
ctions that qualify for Categorical Exclusion under MEPA and/or NEPA (See ARM 18.2.261 and 23 CFR 771.117) Information Source (Attach
tee ARM 18.2.261 and 23 CFR 771.117) supporting information, as
necessary.)
1 Will the proposed action impact any known historical or archaeological site(s)?
(' Yes (< No
2 Will the proposed action impact any publicly owned parkland(s), recreation area(s), wildlife or waterfowl t- Yes (a No
refuge(s)?
3 Will the proposed action impact prime farmlands? (If yes, attach a completed Farmland Conversion Impact Yes (: No
Rating Ad -1006.)
a. Will the proposed action have an impact on the human environment that may result from relocations of {^ Yes (-- No
persons or businesses, changes in traffic patterns, changes in grade, or other types of changes?
b. Has the proposed action received any preliminary or final approval from the local land use authority? (3- Yes (' No DOT has been contacted
5 For the proposed action, is there documented controversy on environmental grounds? (For example, has (- Yes (: No
the applicant received a letter of petition from an environmental organization?)
6 VIII the proposed action require work in, across or adjacent to a listed or proposed Wild or Scenic River? ( Yes ( No
7 Will the proposed action require work in a Class I Air Shed or nonattainment area? ( Yes (+ No
8 Will the proposed action impact air quality or increase noise, even temporarily? Ca Yes ( No Installation of sewer manhole
liners and asphalt removal
9 a. is the proposed project a MS4 Area?
b. Will the proposed action have potential to affect water quality, wetlands, streams or other water bodies?
If YES, an environment -related permit or authorization may be required.
10 Are solid or hazardous wastes or petroleum products likely to be encountered? (For example, project
occurs in or adjacent to Superfund sites, known spill areas, understorage tanks, or abandoned mines.)
11 a. Are there any listed or candidate threatened or endangered species, or critical habitat in the vicinity of
the proposed action?
b. Will the proposed action adversely affect listed or candidate threatened or endangered species, or
adversely modify critical habitat?
12 Will the proposed action require an environmental -related permit or authorization?
If the answer is "yes," please list the specific permits or authorizations.
13 Is the proposed action within designated sage grouse habitat (https://sagearouse.mt.gov/projects). (If yes,
a consultation letter issued from the Montana Sage Grouse Habitat Conservation Program is required.)
14 a. Is the proposed action on or within approximately 1 mile of an Indian Reservation?
b. If "Yes", will a Tribal Water Permit be required?
( Yes (: No
Yes ( No
( Yes (_ No
( Yes i No
( Yes (' No
( Yes (- No
( Yes 6 No
C Yes (3 No
C Yes (' No (p N/A
Will the proposed action result in increased traffic volumes, increased wait or delays on state highways, or (-Yes 6 N
15 have adverse impacts on other forms of transportation (rail, transit or air movements)?
ad ��
ANY 30�Montana Department Transportation
ZW
2.701 Prospect Avenue
PO Box 201001
Helena, MT 596620-1001
of
''
Phone: (403) 444-7228
MDT -ENV -006 04/17 Environmental Checklist
Fax(406)444-7245
Page 2 of 2
TTY: (406) 444-7696
Is the proposed action part of a project that may require other governmental permits, iicenses or
to Yes r Np
15 easements? if "Yes', describe the full extent of the project and any other permits, licenses or easements
DOT encroachment Permit
that may be necessary for the applicant to acquire.
117 Attach a brief description of the work to be performed, including any subsurface work. !X) Description Attached
j Attach representative photos of the site(s) where the proposed action would be implemented. Photos are
18 to include any structures, streams, irrigation canals, and/or potential wetlands in the project area. EXI Photos Attached
i19 Attach map(s) showing the location(s) of the proposed action(s): Section, Township, Range; highway or
route number and approximate route post(s). V Maps Attached
Checklist preparer: Title:ff r Date
Kurt Markegard Public Works roro RirectorAzi`ZJv Feb 20, 2018
Reviewed for completeness by:
istnct Representative 71fle ate
Checklist Approved by:
Environmental Services Bureau ritie
(When any of the items 1 through 16 are checked "Yes")
i ransportation Planning
(When any of the items 15 or 16 are checked "Yes")
Checklist Conditions and Required Approvals
A. The applicant is not authorized to proceed with the proposed work until the checklist has been reviewed and approved, as necessary, and any requested
conditions of approval have been incorporated.
B. Complete the checklist items 1 through 16, indicating "Yes" or "No" for each item. Include comments, explanations, information sources, and a description of
the magnitude/importance of potential impacts in the right hand column. Attach additional and supporting information as needed. Ensure that information
required for items 17. 18, and 19, is attached. The checklist preparer, by signing, certifies the accuracy of the information provided.
C. If "Yes" is indicated on any of the items, the Applicant must explain the impacts'as applicable. Appropriate mitigation measures that will be taken'to avoid,
minimize, and/or mitigate adverse impacts must also be described. Any proposed mitigation measures will become a condition of approval. Use
attachments if necessary. If the applicant checks "No" and the District concludes there may in fact be potential impacts, the Environmental Checklist must be
forwarded to Transportation Planning for review and approval.
D. If "Yes" is indicated in item 11 a. (threatened or endangered species), the Applicant should provide information naming the particular species and the
expected location, distribution and habitat use in the proposed action area, i.e. within the immediate area of the proposed action; or, in the general area on
occasion (seasonally passes through) but does not nest, den or occupy the area for more than a few days.
E. If the applicant checks "Yes" for any item, the approach permit, occupancy agreement or permit, along with the checklist and supporting information, including
the Applicant's mitigation proposal, documentation, evaluation and/or permits must be submitted to Transportation Planning. Electronic format is preferred.
F. When the applicant checks "Yes" to any item, the Applicant cannot be authorized to proceed with the proposed work until the MDT Environmental Services
Bureau and/or Transportation Planning, as appropriate, reviews the information and signs the checklist.
G. Applicant must obtain all necessary permits or authorizations from other entities with jurisdiction prior to beginning the proposed action or activity. The
Applicant is solely responsible for any environmental impacts incurred as a result of the project; obtaining any necessary environmental permits, notifications,
and/or clearances: and ensuring compliance with environmental laws and regulations.
CITY HALL
it 5 W. i ST ST. Laurel
PUS. WORKS: 6281796
WATER OFC.: 628-7431
COURT: 628-1964 P.O. Box 10
FAX 628-22x11 Laurel, Montana 59044
February 20, 2018
Tammy Saldivar
Utilities Engineering Specialist
Montana Department of Transportation.
Re; Laurel sewer manhole lining and leveling.
Office of the Director of Public
Works
The City of Laurel would like to do some maintenance of sewer manholes that are in the Nlonlana DOT
right of way. The location of these sewer manholes are in Highway 310 (East Main Street) in Laurel
Montana. The manhole locations are between mile marker 55 and 56 and are located 24 feet south of the
north right of way line (west bound driving lane).
The sewer manholes will be cleaned to remove loose concrete material and then epoxy lined in order to
keep the concrete in the manholes sealed and protected from waste water exoosure. The sewer manhole
rinss and covers will be removed and then leveled in order to provide for a smooth road surface.
Concrete will be placed around the manholes rings to secure them in place. The epoxy liner is extended
up into the interior of the sewer manhole rings. I have attached pictures to this letter that were taken after
other sewer manholes in Laurel had this same procedure completed.
I have filled out the environmental checklist, submitted the encroachment permit signed by the Mayor,
and we will follow the traffic control plan that was submitted for Stan Jonutis which will include Stan's
recommended changes to use barrels instead of traffic candles on the exit side ofthe lane shift.
If there is anything else you need from mq please let me know.
Rear s,
Kurt Ivtarkegard
Public Works Director
These manhole locations are depicted on the attached map on page 3 of this letter.
Manhole #1150'
Manhole #3 150' west of Juniper
West of Locust Ave
Ave
-1,
L�
� w
•.y w' X�
These manhole locations are depicted on the attached map on page 3 of this letter.
Manhole #5 150` west of Fir
Ave.
1.31- WE
z z
@�M
0 0 -1
in Zn Zri
et
0 0
00 00 co
0 C:) 0
2:1 >1 >
f i�
CIP Construction Technologies, Inc.
1341nAve W Kalispell, AIT 59941
Phone (406) 291-8017 Fax (446) 752-4634
Billing Phorre; (406) 257-3938
E-mail.- srrpertec@exforddsl.net Website: wwtp.crptrranhole.coin
PROPOSAL
#LaurelPraV-12-7amended
December 11, 2017
Faxed & Emailed
City of Laurel
Laurel, MT
Phone 406-860-8139
Email: mivheeler@laurel.mt.gov
Pages: 2
Attn: Matt Wheeler and Guy Rollins
PROJECT: City of Laurel Manhole Rehabilitation
SCOPE: Line interior of five sewer manholes with cured -in-place fiberglass liner by authorized licensed
installer
CIP Construction Technologies, Inc. and rebuild chimney sections via the Mr. Manhole process.
ITEM
DESCRIPTION DIMENSIONS`
PRICE
Ia.
Line mh in Hwy 10 between Locust & Juniper 6.17 x 8.33
11,370.00
Use Series 11600 liner (5 layers of fiberglass & PVC) - our heaviest Iiner
lb.
Mr. Manhole leveling system
1395.00
lc.
Supply and install new frame and cover
365.00
2a:
Line mh in Hwy 10 in intersection at Juniper 4.33 x 8.0
5,000.00
Use Series 6800 liner (3 layers of fiberglass & PVC) - our standard heavy liner
2b.
Mr. Manhole leveling system
1395.00
2c.
Supply and install new frame and cover
365.00
3a.
Line mh in Hwy 10 at Ridge Motel 4.5 x I0.08
7,709.00
Use Series 9200 liner (4 layers of fiberglass & PVC) - our 2"d heaviest liner
3b.
Mr. Manhole leveling system
1395.00
3c.
Supply and install new frame and cover
365.00
4a.
Line mh in Hwy 10 150 ft east of Fir Ave 4.5 x 12.25
7,656.00
Use Series 6800 liner (3 layers of fiberglass & PVC) - our standard heavy liner
4b.
W. Manhole leveling system
1395.00
4c.
Supply and install new frame and cover
365.00
5a.
Line mh in Hwy 10 at lift station 4.33 x 14.67
9,169.00
Use Series 6800 liner (3 layers of fiberglass & PVC) - our standard heavy liner
5b.
Mr. Manhole leveling system
1395.00
5c.
SuppIy and install new frame and cover
365.00
6.
Mobilization*
NC
TOTAL
$49,704.00
* The normal mobilization fee of $2000 will be waived performed in conjunction with other upcoming CIP
projects with the City of Red Lodge and the Town of Roberts.
Manufacturer's Warrantv: To stop infiltration and further deterioration — Five Years Labor, Twenty Yens
Materials.
It is agreed that the City of Laurel in all instances and at its expense, including but not limited to
installation, repair, or warranty service, will provide CIP with the following: adequate access to
structure(s), a source of water supply, traffic control, assistance as needed to coordinate and control semage
flow, a location for garbage disposal (e.g... access to dumpster); hydrovac assistance.
CIP will provide the normal preparatory work and equipment necessary to install tine Iiner system which
includes pressure cleaning @ 3500 p.s.i., and step removal. We expect that our process will eliminate
further deterioration and greatly increase the life of the structure(s). Independent lab tests predict a 50 —
100 year life span for our liner in a sanitary sewer environment.
Thank you for the opportunity to assist you and the City in solving these infrastructure problems. We look
forward to working with you on this project and others in the future.
Best regards,
„T6r'VSwa'6yk"
Jim Swain
President
Saldivar, Tammy
From: Tierney, Michael
Sent: Wednesday, February 21, 2018 10:01 AM
To: Saldivar, Tammy
Subject: RE: Laurel manhole agreement
Attachments: RE: Lining sanitary sewer manholes in East Main Street
Tammy — I have attached MDT review comments. Hydraulics had no comment. However, Jim Combs noted that if a
chimney rebuild implies a supporting member that has to support traffic, we need some verification of the structural
integrity and capacity of the proposed design.
This information should be included in any permit request that is made.
As for the agreement. It's in the works.
Also, has Laurel submitted a permit yet?
Finally, I have no emails on the development on Laurel Ave and Parkway Lane in Billings. Mike
From: Saldivar, Tammy
Sent: Wednesday, February 21, 2018 8:43 AM
To: Tierney, Michael <mtierney@mt.gov>
Subject: Laurel manhole agreement
Hi Mike,
Can you tell me where we are with the maintenance agreement with Laurel for the manhole linings?
Also, did Stan send to you an inquiry for a new development on Laurel Ave and Parkway Lane in
Billings? It would have come since yesterday.
Tci.wv ry ScLULvcu-
mm- B au&n,gk tD &o,ict
utUV.e,k Eng n.ees-i,�Specta�
406 -657-0239
Satdivar, Tammy
From: Tierney, Michael
Sent: Thursday, February 1S, 2018 2:30 PM
To: Hedstrom, David; Combs, James
Subject: RE: Lining sanitary sewer manholes in East Main Street
Dave and Jim - Thanks for looking at this.
Based on both of your comments - I'll let the District know that MDT's comment on the process is limited to Jim's
comment on structural integrity of the chimney rebuild.
Also, the District did request an agreement be struck with the City for maintenance. Thanks again.
Mike
From: Hedstrom, David
Sent: Thursday, February 15, 2018 12:31 PM
To: Tierney, Michael; Combs, James
Subject: RE: Lining sanitary sewer manholes in East Main Street
Mike, We don't have any comments on the proposed manhole lining.
From: Tierney, Michael
Sent: Wednesday, February 14, 2018 7:48 AM
To: Combs, James <, c:rnb „ ��>; Hedstrom, David << Lt�ti5 r�nt�
Subject: RE: Lining sanitary sewer manholes in East Main Street
Hello Dave and Jim — I needed to follow up with both to see if the manhole rehab process proposed is acceptable to
MDT in order to allow in it our r/w. thoughts?
Mike
From: Combs, James
Sent: Thursday, February 01, 2018 1:40 PM
To: Hedstrom, David<u , tror�a-%' i .tgov>
Cc: Tierney, Michael <rntierne 0,!rnr o -v>
Subject: FW: Lining sanitary sewer manholes in East Main Street
Hello Dave,
Please see the e-mails below and the attachments. Do you have any comments about what the City of Laurel is
proposing? My comments are below:
1. 1 will defer to Hydraulics but the fiberglass liner seems fine so long as this is a City manhole.
2. My biggest concern is the "chimney rebuild". I'm unclear what constitutes a "chimney rebuild"? is this a precast
or cast in place concrete section? I will defer to Dave if he has comment but if a chimney rebuild implies a
supporting member that has to support traffic, we need some verification of the structural integrity and
capacity of the proposed design.
3. The District needs to approve whatever is proposed and may wish to enter into an agreement.
4. 1 will defer to the District, but I would recommend they provide a traffic control plan and schedule if the design
is agreeable.
Please contact me if I may be of assistance.
Thanks and have a great day! JAC
James A. Combs, RE.
Hiyi7ways Oesion Engineer 1 Highways
Niiontana Department of Transportation
2701 Prospect Avenue
00 Box 20100';
Helena MT 59620-1001
406-444-6244 1 iconIbsrci,nnt,Ctov
_ _.� V4,�_
From: Tierney, Michael
Sent: Thursday, February 01, 2018 1:21 PM
To: Combs, lames
Subject: FW: Lining sanitary sewer manholes in East Main Street
From: Saldivar, Tammy
Sent: Thursday; February 01, 2018 12:53 PM
To: Tierney, Michael <n, tic,r._e-v. 'r c v>; Priebe, Gabe
Subject: FW: Lining sanitary sewer manholes in East Main Street
From: Kurt Markegard [r sitc:G:rrttr _a c %� ;uri..`'•__ {''rl
Sent: Wednesday, January 24, 2018 9:12 AM
To: Saldivar, Tammy
Cc: Guy Rolison <roiiscrs,latrreLr,t.�>; Matt Wheeler
Subject: Lining sanitary sewer manholes in East Main Street
Tammy,
I wanted to share our upcoming project with you that I spoke to you about last month. The City will be epoxy lining five
sewer manholes and will also be leveling the manhole lids so that they are flush or slightly below the pavement grade.
The life expectancy of the liner is estimated at fifty years and will prevent concrete deterioration of the sanitary sewer
manholes. I am hopeful to get the state permit submitted in the next few weeks if the City Council approves of the work
at their Feb. 6"' Council meeting. The Laurel Public Works Committee voted to recommend to City Council to proceed
with the project.
We will be putting together a traffic control plan and at this time I do not anticipate any road closures as the sewer
manholes are dead center of the west bound lane. West bound traffic will be directed into the center turn lane. 4s we
get closer to submitting the permit to you, we will get in touch with the contractor performing the manhole lining and
make sure what traffic control is needed for them to perform their work.
I have attached the contractor's proposal, sample pictures of the manhole leveling and liner.
Let me know if you have any comments or concerns.
Kurt Markegard
Public Works Director
City of Laurel