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HomeMy WebLinkAbout03-23-20 City Commission Packet Materials - C27. Temp Construction and RoW with MT Rail Link for Manley Rd SID747 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Kellen Gamradt, Engineer II Shawn Kohtz, City Engineer SUBJECT: Authorize the City Manager to sign a Temporary Construction Permit and Right-of-Way documents with Montana Rail Link for improvements to Manley Road between Griffin Avenue and city limits (Special Improvement District 747). AGENDA ITEM TYPE: Consent MEETING DATE: March 23 2020 RECOMMENDATION: Authorize the City Manager to sign a Temporary Construction Permit and Right-of-Way documents with Montana Rail Link for improvements to Manley Road between Griffin Avenue and city limits (Special Improvement District 747). BACKGROUND: On February 11, 2019, the Commission adopted Resolution 4955, created Special Improvement District 747 for the purpose of improving Manley Road from the intersection of Griffin Drive to the northern boundary of the Gallatin Park Subdivision. In order to carry out that direction it is necessary to acquire the Right-of-Way described herein. The attached documents, which have been executed by the property owners, are the result of those efforts and are necessary to the completion of that project. The valuations used for these acquisitions were performed under the direction of Sanderson Stewart. UNRESOLVED ISSUES: None. FISCAL EFFECTS: There is no fee associated with this permit. ALTERNATIVES: As suggested by the City Commission. Attachments: Cover Letter, Memorandum of Agreement, and a Temporary Construction Permit 337 TEMPORARY OCCUPANCY PERMIT 300^612MONTANA RAIL LINK, INC.REAL ESTATE DEPARTMENT101 INTERNATIONAL WAYPO BOX 16624MISSOULA, MONTANA 59808-662402BOZEMANSubject to the terms and conditions hereinafter set forth, permission is hereby granted to City of Bozeman whose mailingaddress is 20 East Olive Street, Bozeman, MT 59715 hereinafter called "Permittee", to enter upon the premises ofMONTANA RAIL LINK, INC., hereinafter called "Railroad", located in the City of Bozeman, County of Gallatin, State ofMontana, Milepost 141+2006 and 141+3482, as shown on the attached plats marked Exhibit "A" and Exhibit "A-1" datedFebruary 26, 2020 and made a part hereof, for the purpose of construction of Manley Road.The permission hereby granted is subject to:1. Existing leases, licenses and permits heretofore granted by Railroad or its predecessors in interest affecting the saidpremises.2. There is a N/A Dollars ( N/A ]_iee for this permit. Permittee shall have a copy of this Agreement at the job site.3. Billing or acceptance by Railroad of any rental shall not imply a definite term or otherwise restrict either party fromcanceling this Permit as provided herein. Either party hereto may assign any receivables due it under this Permit;provided, however, such assignments shall not relieve the assignor of any of its rights or obligations under thisPermit. All Rent and other monetary payments under this Permit from Permittee to Railroad shall be deliveredsolely to the following address:Montana Rail Link, Inc.PO Box 16624Missoula, MT 59808Railroad shall have the right to designate at any time and from time to time a different address for delivery of suchpayments. No fee or other payment sent to any other address shall be deemed received by Railroad unless anduntil Railroad has actually posted such payment as received on the account of Permittee, and Permittee shall besubject to all default provisions hereunder, late fees and other consequences as a result thereof in the samemanner as if Permittee had failed or delayed in making any payment. Permittee shall reimburse Railroad for allreasonable costs (including court costs, attorneys' fees and other collection fees) expended in the collection ofRent, the eviction of Permittee from the premises or other amounts which become due hereunder. All amountsdue hereunder which are not paid within thirty (30) days of the invoice date shall accrue interest at a rate of oneand one-half percent (1 1/2%) per month or the maximum rate allowable by law whichever is less. The obligation topay amounts which become due shall survive the termination of this Permit.4. Permittee acknowledges that Railroad utilizes the rental collection system involving direct deposit of moniesreceived through a financial institution selected by Railroad, which precludes Railroad's ability to exerciserejection of a payment before Permittee's check is cashed. Permittee agrees that as a condition of Railroadgranting this permit, Permittee hereby waives any rights it may have under law to force continuation of this Permitdue to Railroad having accepted and cashed Permittee's remittance. Railroad shall have the option of rejectingPermittee's payment by refunding to Permittee the rental amount paid by Permittee, adjusted as set forth in thisPermit, and enforcing the termination provisions of this Permit.5. Cancellation effective February 28, 2021, or at any time prior thereto on five (5) days' written notice by either partyhereto given one to the other. Failure to execute this agreement within sixty (60) days of the effective date shallterminate any rights Permittee may have under this agreement. However, such failure shall not operate to relievePermittee of any liabilities assumed hereunder.6. All work performed on the premises shall be done in a good and workmanlike manner so as not to interfere with thetracks, operation of trains, communications and other facilities of Railroad.7. If Railroad's Roadmaster, Chris Seymour, 406.223.3237 determines that it will be necessary to furnish a flagmanduring the work, Permittee agrees to reimburse Railroad for the expense of flagging incurred by Railroad.Temporary Occupancy PermitJanuary 2012Page 1 of 3338 8. No holes are to be drilled within 25 feet of any trackage without the written approval of the Railroad's Chief Engineer.9. All holes or depressions resulting from the activities of the Permittee on the said premises shall be filled and leveledby Permittee in a manner satisfactory to the Railroad's Chief Engineer.10. No right of way fences shall be removed or altered without the written approval of the Railroad's Chief Engineer.11. As a material consideration of this Permit, without which it would not be granted, Permittee agrees, to the fullestextent provided by law, to release Railroad and to defend, indemnify and hold Railroad harmless from and againstany liability, claim, cost or damage, including attorney fees, on account of personal injury to or death of any personswhomsoever, or damage to or destruction of property to whomsoever belonging, without regard to whether it wascaused in part by Railroad or by defective trackage, equipment, or track structures. Nothing herein obligatesPermittee to indemnify Railroad for Railroad's negligent acts or willful misconduct.12. \ Five (5) days' advance notice of intention to enter upon Railroad's premises for the performance of activitiespermitted hereunder shall be given by Permittee to said Chief Engineer.13. The location and log of any borings or survey made on said property shall be kept by Permittee or its contractor anda copy thereof furnished to Railroad.14. In addition to, and not in exclusion of, other provisions of this Permit, Permittee holds Railroad harmless from anyactions or omission of Permittee causing liability.15. INSURANCE COVERAGE must be provided as follows:Permittee agrees to obtain and to keep in force and effect during the entire term of this Agreement, at Permittee'sown expense, the following insurance coverage:a. Commercial General Liability Insurance with limits as provided for under Montana Law Section 2-9-108,MCA.b. Automobile Liability Insurance with limits as provided for under Montana Law Section 2-9-108, MCA.c. Worker's Compensation Insurance for those of its employees who are concerned in any way withPermittee's performance under this Agreement.d. In the event Permittee desires to engage in any construction or demolition activity on Railroad propertyand within 50 feet of Railroad's rail line, Permittee shall procure a Railroad Protective Liability insurancepolicy naming only the Railroad as the Insured with coverage of at least the following:Limits of $2,000,000 per occurrence and $6,000,000 general aggregate;Endorsed to include the Pollution Exclusion Amendment;Endorsed to include Evacuation Expense Coverage;If coverage is not purchased under Railroad's policy the original policy must be provided to theRailroad prior to performing any work or services under this Agreement.e. Permittee, as an option to the above referenced insurance coverages, excluding Railroad ProtectiveLiability Insurance, may provide Railroad with a letter from Permittee's Risk Management Division, or itsrespective Insurance Department, evidencing the necessary insurance coverages satisfactory to Railroad. IfPermittee is a qualified self insurer, Permittee agrees to treat Railroad as an additional insured as if therewas insurance and to be responsible for payment of any self insured retention or deductible.f. Railroad may require Permittee to obtain a surety bond guaranteeing all or part of the Agreement. Thesurety bond shall be issued by a surety licensed to do business in the state where the property is locatedand in a form and amount acceptable to Railroad. The surety shall also hold Certificates of Authority as anAcceptable Surety listed in the US Department of Treasury's Federal Register.g. Any Party performing any work related to this Agreement shall have a copy of the Agreement at thedesignated job site.Temporary Occupancy PermitJanuary 2012Page 2 of 3339 Other requirements: All of the above except for Workers Compensation Liability Insurance shall contain the followingendorsements, which shall be indicated on the certificate of insurance:The definition of insured contract shall be amended to remove any exclusion or other limitation for any workbeing done within 50 feet of railroad property;Shall release Railroad as to the payment of any earned premium;The furnishing of insurance required by this Agreement shall in no way limit or diminish the liability or responsibility ofPermittee as provided under any section of the Agreement. The insurance certificate provided by Permittee must besatisfactory to the Railroad as to insurance carriers covering the risk.16. It is understood and agreed that this Permit shall not be placed on public record.IN WITNESS WHEREOF, the parties have executed this agreement this 1^ day of March, 2020.The above terms and conditions are hereby accepted and agreed to.Montana Rail Link, Inc., a Montana corporationBy:Joe Gentri, Manager Real EstatePERMITTEECity of BozemanBy:Printed Name:Title:Temporary Occupancy PermitJanuary 2012Page 3 of 3340 FIGURE 1PRELIMINARY RIGHT-OF-WAY ACQUISITIONWITHINA PORTION OF LAND IN THE SW1/4 OF S31, T15, R6E, P.M.M.PREPARED FOR : CIFf OF BOZEMANPREPARED BY : SANDERSON STEWARTJANUARY, 2020BOZEMAN, MONTANA\I\ :EM.Milepost 141+2006g^^l^^^^"^-^ •%• :a.-tV.SSIIKV^,.; NEW.IRRIGATIONI CONDUIT!(T^L—.B'"Kl\' : \iEXISTINGPROPERTl- LINE(TYP)d<<-s0f3^K.3•<«NSF/MRL ROW>-LdI PARCEL 1-1TEMPORARY; CONSTRUCTION^PERMIT<+EXISTINGHIGHWAYEASEMENTj(84BK3B5)w.1%:::; ;GRlFFIN~ D•~a»ls-9Kfe S*,•»>Montana Rail Link Inc.Exhibit AFebruary 26, 2020m.,mfw-a^sss.:MTO.TemporaryOccupancyPermit Arela^SXsSS'.^.S^2002040SGI\LE:1" = 40'NOTES:1. AERIAL IMAGE LOCATIONS AREAPPROXIMATE AND MAY NOT BE EXACT.2. NEW PROJECT IMPROVEMENT LOCATIONSARE PRELIMINARY AND ARE SUBJECT TOCHANGE.3. DO NOT DISTURB EXISTING TREES UNLESSNOTED OTHERWISE.MANLEY RD R/WPARCEL 1-118092_08_ROW EXHIBITS.DWG18092.081/6/2020 TG341 tFIGURE 2PRELIMINARY RIGHT-OF-WAY ACQUISITIONWITHINA PORTION OF LAND IN THE SW1/4 OF S31. T1S, R6E,AND THE SE1/4 OF S36, T1S, R5E, P.M.M.PREPARED FOR :PREPARED BY :cirr OF BOZEMANSANDERSONSTEWARTJANUARY, 2020BOZEMAN, MONTANA•vsy^ .\ \: '."*:f-.•*-.';f.'--'\ \"f*/••;?.Tempbi^iyOccupan<Permit Area;^\ \^.'<.<:\-;<®\\"v?>N"l..^<\\ \i:.^-:.'\ \^<^\ \my?»-^ Milepost141+3482—-©;•-:•\\;-rt•»•y^s^\».A';^»mS-:^•^\-y-^^\r^?•fc-yfc%v<.r.''<.s\^;:^;/••^.ff^-\1?.:<»:,:^^-'';\\\•^<••0^\-7.^^^ \f%\^T-\f.\^w:-?^:.£y?..?PARCEL 1-2TEMPORARYCONSTRUCTIONPERMIT\.,•^\••.•<J»'4••^s»\--^y\•:.;!.?%v^^^^\.%^?•;•^^^!:1;-;•:^~<i,BNSFMRLROWI'*'*;*•;NEW\-•.••^AIRRIGATION^:^CONDUITi-i':',."'.:(TYP)r<s;r^?•.•;;,3'•:•^\-i't:^•s»,-••^••:^-Montana Rail Link Inc.Exhibit A-1February 26, 2020a^®^,:2^-.:'.! EXISTING»M PROPERTY:..•••^.i,.'.:(TYP)•;'•.^^3003060SCALE:!" = 60'NOTES:1. AERIAL IMAGE LOCATIONS AREAPPROXIMATE AND MAY NOT BE EXACT.2. NEW PROJECT IMPROVEMENT LOCATIONSARE PRELIMINARY AND ARE SUBJECT TOCHANGE.3. DO NOT DISTURB EXISTING TREES UNLESSNOTED OTHERWISE.MANLEY RD R/WPARCEL 1-218092_08_ROW EXHIBITS.DWG18092.081/21/2020 TG342