HomeMy WebLinkAbout81- Maintenance Agreement for Railroad Grade Crossing Signal off Federal-Aid Road System
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MAINTENANCE AGREEMENT FOR RAILROAD GRADE CROSSING SIGNING OFF FEDERAL-AID
ROAD SYSTEM - NOT STATE MAINTAINED
PROJECT NO. RRS 4138(54)
THIS AGREEMENT made this 7th day of October 1981, between
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the STAlE OF MONTANA acting through its Department of HighwQYs, hereinafter
called the "State" the City of Bozeman, a municipal corporation of the StatE:
of Montana, herei nafter called the llCity. II
WITNESSETH:
WHEREAS, in the interest of public safety, the Stete desires to install
railroad highway crossing advanced warning sign"lng here"inafter caned
llSign'in9", at locations as shown on map~~ marked Exhibit "1i", attached hereto
and by this reference made a part hereof and,
WHEREAS, the State is willing to undertake the installation of said
Signing with appropriate State and Federal funds;
NOW, l~EREFORE, in consideration of the mutual covenants herein con-
tained, the parties agree as follows:
I.
The Signing shall be installed at the railroad urade crossing or
crossings shown on Exhibit "An in accordance with plai,s and estimates to be
prepar-ed by the State and approved by the.Federal Highway Administration.
II.
The State shall install, or cause to be installed, the advance warning
signing and, if applicable, standard pavement markings and guardrai-' with
appropriate State and Federal Funds,
III.
The City havinG roadway maintenance jurisdiction agrees in the (~vent ilny
or all of the Signing instal'l(~d und(~r this ogrcell1ent a1'(' partially or wholly
destroyed and its or their replacement value, or cost of repairing, cannot be
recoverrd from the person or persons responsible for such destruction, then,
in that event, cost of repairs of the Signing or cost of the installation of
new signing shall bc: borne by the City.
In the event any or all of the Signing installed pursuant to this agree-
ment cannot, through age, be maintained or by virtue of their obsolescence
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require replacement, then, in either of these events, the cost of installatioll
of new signing shall be borne by the City.
IV.
If through hi ghway or railway changes the Si gni ng is no longer requi red
at said location; the City shall remove the Signing and may reuse the salvage
signing at the discretion of the City.
V.
In the event that either railway or roadway improvement will necessitate
a rearrangement, relocation or alteration of the Signing at said crossing, the
party whose improvement causes such change will bear the entire cost thereof
without obligation to other parties.
VI.
In addition to the terms herein set forth, the State agrees to administer
said project with respect to the necessary engineerng, inspection and accep-
tance. The State IS ob 1 i gat i on and duty sha 1'j end upon its acceptance of the
completed said project.
VII.
This agreement shall inure to the benefit of and be binding on the
parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed
by their proper officers thereunto duly authorized, the day and year first
above written.
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Approved by City Commission of Bozeman
BY~ - By
Mayor Member
Attest 63Jr~- 0>: JJA~~ By
Member
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Executed for the Montana Department of Highways by the Director of
Highways at Helena, Montana this ,;J ~/ day of .-, , 1982.
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Approved _~/1.....~.. c<;- ~-- ..........'~ ............-...
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(jh~ Dfrector of Hi ghways Administrator of Engineering Division
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