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HomeMy WebLinkAboutRailroad Signal Project Contract - L Street - UNSIGNED 2006 --IiiI-#~ Montana Department of Transpor!gtion 2701 Prospect Avenue PO Box 201001 Helena MT 59620 1001 Jim Lynch, Oirednr Brian Schweit7C'r Governor !It~rllii'ig YUu IIWllh prlcl@ October 10, 2006 Honorable Jeff Krauss, Mayor Clty of Bozeman 411 East Main Street P.O. Box 1230 Bozeman, Montana 59771-1230 Subject: Railroad Siena) Proiect Circuitry Upgrade (MRL) RR Xing - L Street - Bozeman STPRP 1299(25), [6037] U.S. DOT 060049X Attached are three original tri-party signal agreements between the City of Bozeman, Montana Rail Link, Inc. and the State, to cover subject signal project. Please sign and have attested each original, and return all three original agreements to us for further processing. Please do not date these agreements, your fully executed original will be returned to you. The estimate (Exhibit "B") will be provided from the railroad and will be attached to the three original agreements once it has been completed. Thank you, for your interest III the Rail/Highway Safety Program. If you have any questions or concerns call me at (406) 444-7247 or e-mail i~J1t[1oJ((llllJLg9.~~ . ~ W ctkL/ John W. Althof Rail/Highway Safety Manager Attachments copies: Duane E, Williams, P E, Traffic and Safety Engmeer Flie Traffic & Safety Bureau Phone, (406) 444-7237 Fax: (406) 444-0807 An Equal Opportunity Employer Engmeering Division Tn (S00)335--7Sg2 Web Page- wwwmdt,state,mt,us GRADE CROSSING SIGNALS TRI-PARTY AGREEMENT RR XING - L STREET - BOZEMAN STPRP 1299(25), [6037] BOZEMAN, MONTANA LS- Main Line Spurling to Helena SUB. 2nd RR Milepost 140.53 U.S. DOT 060049X THIS AGREEMENT, made this day of , 20_, between the State of Montana, acting through its Department of Transportation, hereinafter called "STATE", City of Bozeman, a Municipal Corporation of the State of Montana, herein represented and acting through its City Council, hereinafter called the "CITY", and Montana Rail Link Inc., a Montana Corporation, hcreinafter called the "RAILROAD"; WITNESSETH: WHEREAS, in the interest of aiding vehicular travel and public safety, the STATE is undertaking a project STPRP 1299(25), [6037], to upgrade the existing at-grade activation equipment as shown in the scope of work. This project is located at crossing U.S. DOT 060049X as indicated on Exhibit "A" attached hereto and by this reference made a part hereof; WHEREAS, the parties agree that the RAILROAD will receive no ascertainable benefit from the installation of the crossing signal equipment; WHEREAS, the STATE will pay 80 percent for the acquisition and installation of crossing signal equipment, with STATE and Federal funds, and the RAILROAD will pay 20 percent and consents to acquire and install the crossing signal equipment as shown in the scope of work, and upon the tcrms and conditions herein stated; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: I Scope of Work RAILROAD work funded by project. 1. Engineering, installation, and acquisition of signal material. 2. Upgradc main line to Constant Warning Time circuitry and other mam electronic components, including replaccment of incandescent lights to LED. 3. Foundations, gate mechanism, signal hut will not be replaced. II The crossing signal equipment will be installed at the railroad gradc crossing shown on Exhibit "A" attached, in accordance with the Manual on Uniform Traffic Control Devices and in accordance with plans and estimates prepared by the RAILROAD and approvcd by the STATE and Federal Highway Administration. III Eighty percent of the actual cost of engineering, materials and labor to install the crossing signal equipmcnt will be paid by the STATE as provided in 23 Code of Federal Regulations (Rcvised 1990), including but not limited to Parts 1, 140 (subpart I), 172, 646, hereafter rcfcrred to as "23 CFR", which is hereby incorporated into and made part of this agreement by reference. IV RAILROAD may utilize contractors under the procedure submitted to the ST ATE for engineer, materials, and installing the signal system. Costs billed by contractor(s) will be in accordance with contract bid. Contract language between RAILROAD and contractor will reference 23 Code of Federal Regulations, including but not limited to parts 1,140 (subpart I) 172, 646, and 48 Code of Federal Regulations, including but not limited to Chapter 1, Part 31. Should it become necessary for the RAILROAD to alter the procedure referenced in the previous paragraph, after this agreement is completed the RAILROAD will submit the new procedure to the STATE for approval. All work will be in accordance with State and federal law and as described herein. The RAILROAD may use its own forces and under its own labor agreements, install the crossing signal equipment. The RAILROAD will furnish all materials from its store stock or by purchase in accordance with the provisions of section 23 CFR. V The ST ATE will pay a $871lump sum payment for preliminary engineering costs to be included in the first bill submitted by the RAILROAD. Preliminary engineering includes all costs incurred for developing this agreement. VI The RAILROAD will provide a detailed estimate of RAILROAD engineering, contractor engineering, labor and material costs required for this project. The estimate will be titled Exhibit "B", attached hereto and by this reference made part hereof. If electrical service is required from a public utility the RAILROAD will provide an estimated installation cost in Exhibit "B". The ST ATE will pay eighty percent of actual cost for any RAILROAD engineering, labor, materials and third party charges for the installation of electrical service. VII The RAILROAD has rcviewed and inspected the materials in the field prior to signing this agreement. The salvage value of the materials. if any. will be credited to the proiect cost by the RAILROAD and is shown on Exhibit "B". The RAILROAD will dispose of aU scrap from thc railroad's work covercd in this agreement at STATE expense. VIII The RAILROAD may submit progress bills to the STATE during the progress of the work included in this agreement for the actual cost of services and expenses incurred by the RAILROAD. Actual and lump sum reimbursement will be in accordance with the provisions of 23 CFR. It is further agrced that the RAILROAD will make every effort to finalize and complete billing of all incurred costs no later than six (6) months after installation. All cost records of the RAILROAD and its contractor and subcontractor pertaining to this project will be subject to inspection and audit at any time by representatives of the STATE, including the legislative auditor and fiscal analyst, and the Federal Highway Administration. All such records will be retained for a period of not less than three (3) years from the date of final payment. IX Upon completion of the instal1ation of the crossing signal equipment, the RAILROAD, at its expense, will operate and maintain the crossing signal equipment in a proper condition; provided, however, in the event of passage of law by the State of Montana or other governmental authority providing for the apportionment of cost of maintenance of grade crossing signals, the RAILROAD will have the benefit of such law. X STATE Administrative rule ARM 18.6.311 stipulates; "The road authority wil1 own the railroad signal". If the grade crossing is abandoned, or if for any reason the signals are no longer required at this location, the RAILROAD and CITY will determine if the signals are to be installed at another location or used for replacement parts. XI If a railway or a highway improvement project necessitates a rearrangement, relocation, or alteration of the signals at this crossing, the party whose improvement causes such change wil1 pay the cost thereof. XII If the RAILROAD, with STATE approval, enters into a contract or agreement with a contractor to perform any of the work which the RAILROAD is required to perform under the terms of this agreement, the RAILROAD, for itself, its assigns, and successors in interest, agrees that it wil1 not discriminate in the choice of contractors and will include all the nondiscrimination provisions set forth in Exhibit "C" attached hereto and made a part hereof, in any such contract or agreement. Whoever performs the work described in paragraph IV, above, whether it is the stated contractor, a different contractor, or the RAILROAD, must comply with the Federal and State requirements of Exhibit "C". XIII The RAILROAD'S office of the Chief Engineer will notify the City law enforcement within two (2) working days from the time notification of damage to the signal equipment is received. If any of the crossing signal equipment instal1ed at this location is partially or whol1y destroyed and its replacement value or cost of repairing cannot be recovered from the person(s) responsible for such destruction, the RAILROAD will pay for the labor associated with the repair of signals and the CITY wil1 pay for the purchase of the materials to include five percent (5%) for material handling cost. XIV If any of the crossing signal equipment instal1ed pursuant to this agreement cannot, through age, be maintained, or by virtue of their obsolescence require replacement, the cost of instal1ation of new crossing signal equipment will be negotiated by the parties hereto on the basis of the current Federal Aid Railroad Signal Program participation and applicable STATE signal warrants at the time of replacement. XV The CITY will have in place advanced railroad crossing warning signs, standard railroad crossing pavement markings and/or other requirements in the Manual on Unifonn Traffic Control Devices at this crossing see Exhibit "0" attached hereto and by this reference made part hereof, for partial details. The CITY assumes full responsibility for the maintenance of advanced warning signs and pavement markings placed on CITY road, and agrees to hold harmless and indemnify the STATE for any claim, damages of loss, in whole or in part, caused by or due to the failure to maintain the advanced warning signs and markings or other requirements of the Manual on Uniform Control Devices. XVI In addition to the terms herein set forth, the STATE agrees to administer the project with respect to the inspection and acceptance. The STATE's obligation will end upon acceptance of the completed said project and reimbursements to the RAILROAD. XVII This agreement will inure to the benefit of and be binding on the parties hereto, their successors, and assigns. I .... _ '...'-- STATE OF MONTANA DEPARTMENT OF TRANSPORTATION BY: .. c~s Approval X 15J-f. . ~ )e) 'J /0 .jjl , , Signature Date TITLE: MONTANA RAIL LINK INC. BY: Richard L. Kel1er, Chief Engineer CITY OF BOZEMAN ATTEST: BY: Clerk and Recorder TITLE: RR XING - L STREET - BOZEMAN STPRP 1299(25) UPN 6037 US DOT 060049X @ ----------------.... ........ -.. -.... :::::::::::-----~,:::::::-:: 0-1f- ""- CollCllirl , S111'V"1C::o- Couniy I~_ -\'.- F Clir- (;rouncls I CJ Ii; ~, I 0 Ir: g 10 c: TAMARACK :~ ~ w > <:: w w > > <( <( COTTO WOOD 5HOR z "" ST z Q(yl >- <( 0 u :::; Z ~O u 5mAl.,L~ <( <:: a: ="N '" Q) PARK g u :;:; _5T f- I ::J 5T z z MENDENHAL"E z GR IFF IN @ ,; ;4 u' ,;;j w > <:: ST <<: 5T 9 w I u <( U ..J a: ..J => <( I :;:; u DAVIS ST z z 5T I ~ ~\.\ ~ '- \ ~~ ".\ ::.\ ~ ..\ , \ '::.\ ~ . \...... .... ":c ~ ',,/ " '-'.~~~~~::-~ -'. / ----~ {I f;;;~--. J' 0("> - " 1"0 " o ---+---:~ /< -"-"" / " '~ ~ BR ~ rgOl ~., Exhibit "A" .~:",~. 5 :::~~ zi/~ ,'I...:j ,"I::' :I...:j ,)~ :"I,~ "'I::" 'I;:] ," NON-DISCRIMINATION NOTICE During the perfonnance of this Agreement, Montana Rail Link, Inc. (hereafter in this Section "the Party"), for itself, its assignees and successors in interest, agrees as follows: A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL-AID CONTRACTS (1) Compliance with Regulations: The Party shall comply with all Regulations rclative to nondiscrimination in Federally-assisted programs of the Department of Transportation, 49 Code of Federal Regulations (CFR), 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 if only state funding is here involved. (2) Nondiscrimination: The Party, with regard to the work perfonned 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 Party shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Sec. 21.5. (3) Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, whether by competitive bidding or negotiation by the Party for work to be perfonned under a subcontract, including procurement of materials or leases of equipment, any potential subcontractor or supplier shall be notified by the Party of the Party's obligations under this Agreement and thc Regulations relative to nondiscrimination. (4) Information and Reports: The Party will provide all reports and infonnation requircd by the Regulations, or directives issued pursuant thereto, and pennit access to its books, records, accounts, other sources ofinfonnation and its facilities as may be determined by State or the Federal Highway Administration (FHW A) to be pcrtincnt to ascertain compliance with Regulations or dircctives. Where any infornlation required of the Party is in the exclusive possession of another who fails or refuses to furnish this information, the Party shall so certify to the Department or the FHW A as requested, setting forth what efforts it has made to obtain thc information. (5) Sanctions for Noncompliance: In the evcnt ofthe Party's noncompliance with the nondiscrimination provisions of this Agreement, State may impose sanctions as it or thc FHW A determines appropriate, including, but not limited to, (a) Withholding payments to the Party under the Agrecmcnt until the Party complies, and/or (b) Cancellation, ternlination or suspcnsion of the Agreement, in whole or in part. (6) Incorporation of Provisions: The Party will include the provisions of paragraphs (1) through (6) in cvery subcontract, including procuremcnt of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Party will take such action with respect to any subcontract or procurement as the State or the FHW A may direct to enforce such provisions including sanctions for noncompliance: Provided, however, that in the event the Party is sued or is threatened with litigation by a subcontractor or supplier as a result of such direction, the Party may request the State to cnter into the litigation to protect thc interests of the State, and, in addition, the Party or the State may request the United States to enter into such litigation to protect the intcrcsts of the United States. B) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR PRACTICES, SEe. 49-3-207, MCA In accordancc with Section 49-3-207, MeA, the Party agrccs 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 idcas, scx, age, marital status, physical or mental disability, or national origin by the persons pcrfonning the Agreement. C) COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) (I) The Party will comply with all rcgulations relative to implementation ofthc AMERICANS WITH DISABILITIES ACT. (2) The Party will incorporatc or communicate the intent of the following statement in all publications, announcements, vidco recordings, course offerings or other program outputs: liThe Party 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 Party. In the case of documents, recordings or verbal presentations, alternative accessible formats will be provided. For further information call the Party." (3) All video recordings produccd and crcated under contract and/or agreement will bc c1oscd-captioned. D) COMPLIANCE WITH PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS, 49 CFR PART 26 Each Agreement the Department signs with a Party (and each subcontract thc prime contractor signs with a subcontractor) must include the following aSSLLTancc: The Party, suhrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Party shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the Party to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or snch other remedy as the recipient deems appropriate. Revised Novernher 17,2005. Exhibit "C" Figure 88-2, Typical Placement of Warning Signs .and Pavement Markings at Highway-Rail Grade Crossmgs . I See Chapter 2C, Table 2C-4 7.5 m (25 ft) -1---7.5 m (25 ft) 15 m (50ft) Pavement Marking Symbol" (see Figure 8S-3) ,j .... mOl 3:g ~a U1>< E mo ~ ~ 0;1 CD Ol '" 03 S' TI _. CD <> ~f\)92 .; ~ 0 @ 3~ '" -- ~05~ ~a~ =:"TI o a 3 >< !LJ ~j' Ol '" wm '" Figure 88.3. TYPi,cal Highway-Rail Grade Crossing Pavement Markings 2.4 m' Note: In an effort to slmplily the ligure to show warning sign and pavement placement, not all required traffic control devices are shown. I A three-lane roadway should be marked with a ! centerline lor two-lane approach operation on the approach to a crossing. . When used, a portion 01 the pavement marking symbol should be directly opposite the Advance Warning Sign (W10-1). If needed, supplemental pavement marking symbol(s) may be placed between the Advance Warning Sign and the crossing, but should be at least 15 meters (50 ft) Irom the stop line. Legend - Direction 01 travel On multi-lane roads, the transverse bands should extend across all approach lanes, and Individual RXR symbols should be used in each approach lane. D~cember 2000 Page 2C-7 Table 2C-4, Guidelines for Advance Placement of Warning Signs (English Units) Advance Placement Distance 1 Posted or Condition A: Condition C: Deceleration to the listed advisory 85th- Condition 8: Percentile High judgment Stop speed (mph) for the condition' Speed required' condition' 10 20 30 40 50 20 mph 175 ft N/A' N/A' - ~ - - 25 mph 250 ft N/A' 100 ft N/A' ~ - - 30 mph 325 ft 100 ft 150 It 100 It - - ~ 35 mph 400 It 150 It 200 It 175 It N/A' - - 40 mph 475 ft 225 ft 275 It 250 It 175 ft - - 45 mph 550 It 300 It 350 ft 300ft 250 ft N/A' - 50 mph 625 It 375 It 425 ft 400 It 325 ft 225 ft - 55 mph 700 It 450 ft 500ft 475 ft 400 It 300 ft N/A' 60 mph 775 ft 550 It 575 ft 550 ft 500 ft 400 ft 300 ft 65 mph 850 ft 650 ft 650ft 625 ft 575 ft 500 ft 375 ft For more information go to website http://mutcd.fhwa.dot.gov EXHIBIT "D" <,:,0; ~~ .~~ -", '" c: .~ 'u 0. -5 Q) K~_~ g- .b' g- f;~2: .~ ~ ~ ~~.~ -<::"'TI ~ .n ~ Z'" >- O'J -"'L ~E..E ~ '" '" ~"'TI E g ('U o.l'lE "''''''' ......':.0 ....0 o '" >. ~ (.: E lij. - '" .~~ ~ TI, '" E .~.!!?1ii 8'~~ ~;=<>: ccti .~rn ~ '" '" :> ItS .~ ~ 15 C/) '" --'" "g.5 6, (ij~'ij) '~Eo TIELl ~ 10 ~ m ~ U) :gcu~ uL4< c:.Eo !!!mO ,~ u:::. ~ ~ ~ E o j':~g Z _ <Ii C1)'1;JlO (J) C ' , c: UJ -.:t a cu tD (n .~ ..c.c2~ Umo.ID "O...Jcnm c -== "0 'C en..c c a.. -g~~[ ~g~ ~ ......(DOw ~~T""'":6 :g~2.E -.9:~:2 tl) c: ...... ~n E .2> 0.... 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