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CITY OF MISSOULA 2009-2010 State Maintenance Contract (FY 2010 and FY 2011) This Agreement is between the City of Missoula and the Montana Department of Transportation (MDT), to define the Street and Traffic Control maintenance responsibilities of the City and MDT, in accordance with State Law which allows MDT to enter into an Agreement with local governments to provide maintenance on State routes with provision for full reimbursement. The term of this Agreement shall be for two years beginning July 1, 2009 and will end on June 30, 2011. LIMITS OF AGREEMENT: The listing of ~\treets and intersections attached as Appendix A is a full and complete listing of areas covered by this Agreement. Unless otherwise defined, that list includes all intersections along the route and intersecting streets for a distance of 15' or to the end of the curb radius return whichever is greater, and shall include all of the street right-of-way. During the term of this Agreement, additional areas may be added by written Agreement of the parties. SCOPE OF AGREEMENT: This Agreement covers all activities ordinarily associated with street maintenance activities including, but not limited to, patching, crack sealing, overlays, storm sewer repair and replacement, snow plowing, snow removal, ice control, sweeping, signal maintenance, striping, sign replacement, vegetation control and other normally accepted preventive maintenance practices. The Agreement specifically excludes any activity commonly known as bridge repair including, but not limited to, railing replacement, deck repair, and structural repair, for any structure over twenty feet long. ITEMS COVERED: Payment to the City for this Agreement shall be for the following: 1. TRAFFIC CONTROL MAINTENANCE ACTIVITIES: A) MDT will make payment to Northwestern Energy for electrical energy for signals, lights, school flashers, and pumps presently on state streets and intersections as identified in Appendix A. B) City will provide all maintenance necessary to operate the Traffic Control System, MDT will reimburse City in accordance with Appendix B for costs of labor and equipment required for the proper maintenance of the Traffic Control System. At MDT's option, traffic control materials and parts will be provided by MDT or MDT will reimburse the City on an actual cost basis. The City Traffic Engineer, or his designate, is authorized to modify traffic signal timing after approval is received ffOillHelenaHeadquartersJvIDTTrafficEngineer,JVlissouliDiSfriCfAdmiiiistrator, Missoula Maintenance Chief or their designee. The City Traffic Engineer, or his designate, may place traffic signals in the flash mode if it is deemed an emergency. The City may perform street light and traffic signal maintenance services on other state routes within the city limits that are not listed in Appendix A and outside the city limits as desired by the Montana Department of Transportation. These services shall be extra and the actual cos~ labor, materials and equipment shall be billed to the Montana Department of Transportation. This will be in addition to the payment detailed in Appendix B. ---PAGE BREAK--- AGREEMEN'r PAGE2 C) For purposes of this Agreement, the Traffic Control System includes an items covered in Part II (excluding 2B-31 Urban Parking and Stopping signs, 2D-39 Street name signs, 2D-4 Parking area signs and 2D-41 Park and Ride Signs), Part III, Part IV, Part V and Part VII of the Manual on Uniform Traffic Control Devices, dated 1988 with revisions thereto. The City will furnish labor and materials to maintain all stop signs within the State's right-of-way on the State maintained routes. The City will furnish the labor for the maintenance of regulatory, warning and guide Sib111S. Materials, including signs, posts and hardware, shan be supplied by the Montana Department of Transportation. Excluded from this activity are those signs and supports which require special equipment not possessed by the City. In particular these would include, but not be limited to, the large overhead guide signs. Also excluded from this activity are all signs within the interstate right-of-way and all signs associated with the interstate system within the interchange area. D) Enforcement of right-of.-way encroachment activities include permitting and inspection of all activities conducted within the public right-of-way. The City shall issue all permits for excavations, .curb and sidewalk construction and reconstruction, right-of-way usage, utility occupancy and driveways and approaches on all of the Functionally Classified Routes, A copy of all such permits issued shall be forwarded to the State, within 10 working days of issuance. On the National Highway System Routes the City shall receive, review, comment and prepare the appropriate document 1'01' the above mentioned encroachments and submit it to the State for concurrence and approval. The State shall retain the final approval right for all encroachments on the National Highway System. The City shall use the following forms for these encroachments: Utility Occupancy Driveways and Approaches Other Encroachments RW 131 A MTCE 122 A RW20 The State and City also agree that all City ordinances regarding public right-or-way and all State requirements shall apply, and in those cases where the two shall right of the city to order the construction or reconstruction of curb, gutter and sidewalk in accordance with the City's adopted procedures, provided that the plans for such construction or reconstruction are approved by the State. ---PAGE BREAK--- AGREEMENT PAGE3 E) Pavement and curb markings activity will comply with MUTCD and State standards for pavement markings. Changes in lane markings or street configurations must be approved by the Missoula District Engineer or Missoula Maintenance Chief. Basic maintenance of pavement and curb markings are performed using standard trafflc paint and beads. Frequency of application of pavement markings will be a minimum of once a year or as necessary. When requested, the State will provide drawings or sketches identifying geometries of the pavement markings on each route and at signalized intersections. The State will furnish all paint and glass beads. Maintenance of all plastic and/or tape pavement markings may be done as requested by the City and approved by the Area Maintenance Chiei~ and will be included as a special project in accordance with special projects ofthis Agreement. 2. STREET CLEANING ACTIVITIES: The City will clean and sweep the specified streets as listed in Appendix A with the addition of Broadway from MDT t~lcility at 2100 W. Broadway to the intersection with Reserve on the same sweeping and cleaning schedule that they are providing for all City arterial streets. MDT shall reimburse the City for cost of all1abor, equipment and material used in this operation in accordance with Appendix B. Weather permitting, the Citywill provide street cleaning for approximately I18 lane miles per month. 3. STORM SEWER MAINTENANCE: The City will provide periodic maintenance of the drainage systems to keep the system in working order. When t~lilure of any part of the system occurs, the City will notify MDT i<:lr special project type work. Special project work, which may include the installation of extra sumps, will be at extra cost to MDT, as both parties may agree upon. 4. SNOW REMOVAL AND ICE CONTROL: The City will provide snow removal and ice control on the streets specified in Appendix A on the same snow removal and ice control schedule that they are providing tor all City arterial streets. This activity includes the snow removal from the sidewalks on the Madison Street Bridge, Higgins Street Bridge, Russell Street Blidge, Clark Fork River Bridges on Reserve Street, and the Broadway Overpass on Reserve Street. De-icer, in lieu of sanding materials, will be used in accordance with regulations adopted by the Missoula City/County cosfafilirTilb6iaiicl equipment used in this operation in accordance with Appendix B. De-icer will be billed to MDT quarterly, the amount to be billed based on the following formula. Percentage of employee hours spent on snow removal and ice control of streets and intersections in Appendix A times the total cost of de-icer material purchased by the city. In the event of an emergency snow hauling operation, MDT will be requested to furnish additional equipment. If MDT equipment is not available, extra costs for rent of additional equipment will be billed to MDT. This payment is in addition to the payment detailed in Appendix B. ---PAGE BREAK--- AGREEMENT PAGE4 Historically this percentage has been between 40-49%. The quarterly billing will list total hours spent on snow removal and ice control for the City, and total hours spent on those listed in Appendix A, as well as total cost of de-icer material. 5. SURFACE PATCHING: The City will patch the streets detailed herein on the same patching schedule that they are providing fc)r all City arterial streets. MDT shall reimburse the City for cost of all labor, equipment and material used in this operation in accordance with Appendix B. Major patching repairs and any special equipment rental such as a milling machine will be negotiated as a Special Project Activity. 6. INTERCHANGE PARKS, WEED CONTROL AND TREE MAINTENANCE: Includes the maintenance of the park areas adjacent to both the Van Buren Street and Orange Street Interchanges, Orange Street River Bridge area and the park area at the corner of Broadway and Reserve St., weed mowing and control on all the routes, snow removal at 1) Van Buren Street Bridge, 2) Greenough Street Bridge, and 3) the Orange Street Underpass, and tree trimming along all the routes contained in the agreement, except for trees on Reserve Street. 7. SPECIAL PROJECT ACTIVITIES: Special Project activities include any activity, which is not part of the basic maintenance service. This would include costs associated with railroad crossings, seal coats, overlays, major repairs, etc. Special project activities will be negotiated and paid for separate from this Agreement. See appendix C for special projects. MONT'ANA PRODUCT PREFERENCE: City will provide Montana-made goods where those goods are comparable in price and quality to those required by this Agreement pursuant to §18-1- 112(1), MCA. COSTS: The costs associated with this Agreement shall be as shown in Appendix B. This shall be a lump sum cost for the maintenance portion of the Agreement, and shall be paid to the City on a quarterly basis on the schedule shown in Appendix B. In the event that during any session of the state legislature during the term of this Agreement a reduction of funding is directed for operation of MDT, the same rate of reduction shall apply to the total of this Agreement plus any special projects Ai:"reement (i.e. if a 5% reduction is experienced, this reduction will be taken from the special projects a!:,;reement, overlay contract). RECORDS: The labor, equipment and materials used on the streets covered in this Agreement shall be assigned a special budget category by the City. No record keeping shall be attempted to break contractual costs against individual streets that are covered in this Agreement. All City records concerning this project are open for review and/or audit by representatives of MDT or the Legislative Auditor at any reasonable time. Records must be maintained for a period of three years after this agreement terminate. ---PAGE BREAK--- AGREEMENT PAGES PAYMENT: The City shall submit quarterly billing and a narrative summary of the work done in the preceding quarter on or before the 10th day of the current month following quarter. MDT agrees to make payment within 20 calendar days of receipt of the billings. TERMINATION: This Agreement may be tern1inated upon thirty days written notice, delivered by certified mail, return receipt requested, by either party. Upon service of such notice, MDT is liable only for work completed as ofthe date ofthe notice. QUARTERLY MEETING: There shall, at a minimum, be one meeting per calendar quatier to assess the effectiveness of this program and to ensure that budgeting restraints are met. Either party to this Agreement may have any staff present. COMPENSATED DAMAGES: It is understood that any damages caused by third parties that can be collected from third parties will be repaired by the City, and a billing for these repairs shall be sent to MDT along with any documentation which the City has available to help MDT in making the collection. MDT shall pay the City for these repairs on an actual documented cost plus 10% administration and overhead. Payment under this provision shall be in addition to the payment detailed in Appendix B. CONTROL OF ACCESS AND UTILITIES: The control of access and utilities within these streets remains with MDT. The City shall manage this program for MDT as per 1.0. HOLD HARMLESS/INDEMNIFICATION: The City will defend, protect, indemnify and hold harmless the State, its elected and appointed officials, and the Department £i'om any and all claims, losses, damage or causes of action arising from or due to, or allegedly arising from or due to the acts, omissions or manner of peri-onnance of any of the services or duties under this Abrreement to be performed by the City or its contractor, or subcontractor, including any claims by employees or third persons, except that the City is not responsible for any liability arising from the sole negligence ofthe State. LAW AND VENUE: This Agreement is governed by the laws of Montana. The parties agree that, in the event of any dispute concerning this Agreement, any litigation must be brought in the First Judicial District, in and for Lewis & Clark County. CIVIL RIGHTS COMPLIANCE: City must comply with all applicable Federal and State laws including, but not limited to, prevailing wage laws, workers compensation, and those laws referred to in the two-page NOTICE attached hereto, which is made a pad of this Agreement by its reference. City further agrees to impose the same duties and obligations on any contractor or subcontractor perfonning work under this agreement. ENTIRE AGREEMENT: This document, with its Appendixes and the NOTICE, contains the entire agreement between the pmties, and no statements, promises or inducements made by either party or its agents which in any way modifies, alters or changes the contents of this document is binding. Any subsequent modification must be done by a separate written document. ---PAGE BREAK--- AGREEMENT PACJE6 IN WITNESS 1'FIEREOF, the parties hereto caused this Agreement to be executed in duplicate by their duly authorized officers. S1'ATE OF MONTANA DEPARTMENT OF TRANSPORTATION By: . District Administrator Approved as to Legal Content: CITY OF MISSOULA, MONTANA ATTEST: Date: Attorney, Legal Services Date: Enclosures: NOTICE APPENDIX A - LIST OF STREETS AND INTERSECTIONS APPENDIX B - REIMBURSEMENT BREAKDOWN ---PAGE BREAK--- AGREEMENT PAGE 7 NOTICE During the of this Agreement, the City, for itself, its assIgnees and successors 111 interest, agrees as follows: A) COMPLIANCE WITH 'fITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL-AID CONTRACTS Compliance with Regulations: The City shall comply with all Regulations relative to nondiscrimination in Federally-assisted programs of the Depmiment 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. Nondiscrimination: The City, with regard to the work performed by it during the AI.:,rreement, 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 patiicipate either directly or indirectly in the discrimination prohibited by 49 CFR 21.5. Solicitations for Subcontracts,- Including Procurerllents of Materials .9:nd 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 Agreernent and the Regulations relative to nondiscrimination. InformC!.tion and Reports: City will provide all reports and information required by the Regulations, or directives issued pursuant thereto, and pennit 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 ofthe City is in the exclusive possession of another who tails or refuses to furnish this information, the City shall so certity to the Department or the FHWA as requested, setting torth what efforts it 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, withholding payments to the City under the Agreement until the City complies, and/or cancellation, termination or suspension of the Agreement, in whole or in part. ---PAGE BREAK--- ACREEMENT PAGE 8 Incorporation 91' Fr~~llii01l3.: City will inc!ude the provisions of paragraphs through in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Rebrulations or directives issued pursuant thereto. City will take such action with respect to any subcontract or procurement as the Department or 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 ofthe United States. B) COMPLIANCE WITH THE MONl'ANA GOVERNMENTAL CODE OF FAIR PRACTICES, § 49-3-207, 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. C) COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) City will comply with all regulations relative to implementation of the AMERICANS WITH DISABILITIES ACT. City will incorporate or communicatc the intent of the following statement in all publications, announcements, video recordings, course offerings or other program outputs: "City wm provide reasonable acco.mmodations 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, t'ecordings or verbal presentations, alternative accessible formats will be provided. For further information call the City." ---PAGE BREAK--- ACJREEMENT PAGE 9 AYYENUIXA Road Broadway from the Montana Department of Transportation entrance to the entrance to Ben Hughes Subdivision. Van Buren iiom the westbound 1-90 ramps to Uluauvvay Higgins from Broadway to Pattee Canyon Drive. South West Higgins from Pattee Canyon Drive to 39th Street. IIntersection Maple Sherwood Byron Street 'Toole Hawthorne May North Orange Higgins Adams Jackson North Easy 1-90 West Broadway Bank Fifth (5th) Connell Avenue Daly Plymouth Ford Hill Mount Beverly North Sussex Dearborn Mary Pattee Cr. Dr. Thirty Fourth (34th) Birch Cooper Bums California Scott McCormick Woody Pattee Jefferson VanBuren Broadway Main Third (3Id) Sixth (6th) Roosevelt University McLeod Keith West Beckwith Burlington Kensington Kent South Fairview Sentinel Dixon Bancroft Mullan Russell Cowper Burton Nora Owen Ryman Washington Madison Daniel Drive East Front East Front Fourth (4 111) Brooks Blaine Tremont Florence East Beckwith Evans Strand Woodworth Central Livingston Benton PatteeCr. Dr. Northview Stephens (HI ~'A"t1h n 1.1111 lJ J.'1AHUI ~.T;f J I1 . from S,W. I-riggins Avenue to Russell (Hillview) Street. Brooks Higgins Roosevelt Tremont from Higgins Avenue to the Buckhouse Florence West Beckwith Crosby Bridge. I West Fanklin Mount Strand North Regent Bickford Burlington Kensington Stephens Central Addison Woodford Edith Kent Oxford ---PAGE BREAK--- AGREEMENT PAGE 10 APPEND!2L~j1;,ONT} Road Brooks (cont'd) Orange from 1-90 to Stephens Avenue. I Sussex Livington Catlin Agnes Ernest 1··90 Worden Avenue Pine Front River Street Third (3 rd) Sixth (6th) Intersection South Dearborn Fairview Grant Dixon N. 3rll St. W. Alder Broadway Cregg Lane First (15t) Bryan ~ Russell Washburn Garfield Harve Paxson N. )ncl S1 W Spruce Main Riv er Street Second (2nd) Fifth (5th) Stephens fi'om Orange Street to Brooks Street. Russell from Broadway to the south end of the Clark Fork River Bridge and 11'0111 South Second to 39th Street. Maurice from South Fifth Street to South Sixth Street. Orange Crosby Addison Mount T( Broadway S. St. W. S. 6th St. W. Kern Ronan Mount K South Fifth (5 111 ) Florence Franklin Harlem Burlington North River Road S. 41h St. W. S. i h St. W. Tenth (1oth) Lawrence Burlington South Sixth (6\11) Beckwith Knowles Strand Brooks Second Street S. 5 th St. W. S. 7 th St. W. (HartlAddison) Eleventh (lIth) Longstaff Strand ---PAGE BREAK--- AGREEMENT PACE II Road APPENDIX A (CONT) . . Intersection Ronald Arthur Regent Holbom BaHis Lester South Avenue from west side of Russell to I-Iiggins Avenue. Russell Oxford Brooks Stephens Bow Queen Bancroft Thames i! r . _I Fifth (5th) Street East Higgins Gerald from Maurice Avenue to I-liggins Hilda Helena Avenue. Sixth [6 th ) Street East from Maurice Avenue to Higgins Avenue. Street f1:om DlUddVvay to South Fifth Street. Maurice TT 1 Hilda Maurice Broadway Van Buren Gerald Helena Van Buren Ronald A11hur Sixth (6 tl1 ) East neS'<;i v I: Street from 1-90 to Brooks Street including ramps on West Broadway. Arthur P n ~ P. n 1-90 Schramm Stockyard Rd. / International Way Tina Palmer Street River Road OloD,on Eighth (8 th) Sunset Mount North South Mary Ernest Old 93 South South 11) Michael Road Express Way Ln Broadway American Way Mullan Road Third (3 rd) Fifth (5th) S. 9th St. W. Fourteenth (l4lh) Poole Lane West Kent Dearborn Agnes Dixon South Sixth )tl1) Grant CreekRcl. HowarclRaser Northern Pacific Union Pacific Clark Fork Dr. Fourth (4th) Seventh (7th) Spurgin McIntosh Loop Dirk Drive Wcst Central Benton Harve McDonald llUlll ,)UUlll ['Ulll l.l t;t;L LU 0UULll Sixth Street. ---PAGE BREAK--- AGREEMENT PACJEI2 APPENDIXB Street Division Maintenance Street Cleaning Labor Equip./Matcrials Labor Equip./Materials 2009/2010 2010/201"1 $67,840 $68,620 7Q,TI.Q 138,210 139,799 $20,993 $21 43,464 Snow RemovallI~9Contr.Ql Total Street Division f\.J::lninistratiy.~iOVl:l:h e~L(tAillLEng.9lllihlILQ.E.t l:Jy Interchange W eecL(:_~ntrol, Tree MaiIltQ.l1.clnce QUllIl<.s DepartJl!~111 Total Park Department Labor Equipment Labor Equip./Materials L,abor/Equipment Labor/Equipment Orange Street Interchange VanBuren Street Interchange Weed Mowing Snow Removal 'Tree Trimming West Maintenance Orange StUnderpass Orange St. Briclge(l sl to front) Labor Equipment Materials $33,955 47,,2.22 81,554 $ 5,907 (i,19.1 12,104 lJ1.A.2J 12,491 $287,823 8,639 29,895 3,353 2,683 5,026 705 1,475 .iLllB. $65,894 $39,679 27,881 2_,lJ.2 $77,099 $ 5,975 12,243 1 $291,133 30,239 1 2,714 5,084 1,492 $66,652 $40,135 28,201 ---PAGE BREAK--- AGREEMENT PAGE 13 ~PPENDI~.{CONTI Total Maintenance Contract Street Division Public Works Parks Department 'rraffie Control FY200912010FY201012011 $287,823 $291,133 18,746 18,962 65,894 66,652 71-,,-031 TOT~L MAINTE~ANCE Approved For Fiscal Year 2010..2011 $449,562 Department of Transportation City of Missoula Date: