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Home My WebLink AboutRailroad Signal Project, 2006 Bozeman b1kd qrrr 2001 Office of the City Commission Mayor Jeff Krauss Commissioners Sean Becker Kaaren Jacobson Steve Kirchhoff Jeff Rupp CITY OF BOZEMAN 411 East Main Street POBox 1230 Bozeman. MT 59771 Phone: (40b) 582-2300 Fax (406) 582-2323 TDD' (406) 582-2301 www.bozeman net November 14, 2006 John W. Althof Montana Department of Transportation 2701 Prospect Avenue P.O. Box 201001 Helena, MT 59620-1001 Sublect: Railroad Sioal Prolect Circuitry Upgrade (MRL) RR Xing - L Street - Bozeman STPRP 1299(25), [6037 U.S. DOT 060049X Dear Mr. Althof, Please find enclosed three signed originals of the above mentioned project's tri- party agreement. As requested, the agreements have not been dated. Please return a fully executed original at your earliest convenience. Please do not hesitate to contact me if you have any questions. My direct line is 406-582-2301 or you can reach me bye-mail atbfontenot@bozeman.net. Best Regards, CC: Public Works Director Debby Arkell Street S uperintendentJ ohn Vandelinder ~- ~--,.- Montana Department of Transportation 2701 Prospect Avenue PO Box 201001 Helena MT 59620-1001 Jim Lynch, Director Brian Schweitzer. Governor October 10, 2006 Honorable Jeff Krauss, Mayor City of Bozeman 411 East Main Street P.O. Box 1230 Bozeman, Montana 59771-1230 Subject: Railroad Si2nal J>>rQlect 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 eac~~~return all three original agreements to us for further processing. Pleulule- ... 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 in the Rail/Highway Safety Program. If you have any questions or concerns call me at (406) 444-7247 or e-mail ialthof@mt.gov . ~ pi. CI.It4 John W. Althof Rail/Highway Safety Manager Attachments copies: Duane E. Williwns, P,E, Traffic and Safety Engineer File Traffic & SSf9ty BUffJSU Phonl9: (406) 444--1231 Fsx: (406) 444-0801 An Equal Opportunity Employer Engln~rfng DIvIsion TrY (800) 335-1592 W..b PlIgl9: www.mdl.sf8f9.mf.u$ GRADE CROSSING SIGNALS TRIMP ARTY 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, hereinafter 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 terms 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 proiect. 1. Engineering, installation, and acquisition of signal material. 2. Upgrade main line to Constant Waming Time circuitry and other matn electronic components, including replacement 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 grade 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 approved by the STATE and Federal Highway Administration. III Eighty percent of the actual cost of engineering, materials and labor to install the crossing signal equipment will be paid by the STATE as provided in 23 Code of Federal Regulations (Revised 1990), including but not limited to Parts 1, 140 (subpart I). 172,646, hereafter referred to as "23 CFR", which is hereby incorporated into and made part ofthis agreement by reference. IV RAILROAD may utilize contractors under the procedure submitted to the STATE 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 I, 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 CPR. V The STATE 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 STATE 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 reviewed 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 bv the RAILROAD and is shown on Exhibit "B". The RAILROAD will dispose of all scrap from the railroad's work covered 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 agreed 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 installation 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 will 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 will 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 will 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 installed at this location is partially or wholly 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 will pay for the purchase of the materials to include five percent (5%) for material handling cost. XIV If any of the crossing signal equipment installed pursuant to this agreement cannot, through age, be maintained, or by virtue of their obsolescence require replacement, the cost of installation 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 Uniform Traffic Control Devices at this crossing see Exhibit "D" 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 ST ATE 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. ~~ - , fI.PP'RCV~~) -::1:': I ~~~-_~I STATE OF MONTANA DEPARTMENT OF TRANSPORTATION BY: .... Uts Approval ~t1 'U'~~ I')~(O~ SillIlllture Dllte TITLE: MONTANA RAIL LINK INC. BY: Richard L. Keller, Chief Engineer ATTEST: ~ -? ~ "...; .~~~ CITY OF BOZEMAN By:~A.~ TITLE: C-:J )w4-fA RR XING - L STREET - BOZEMAN STPRP 1299(25) UPN 6037 US DOT 060049X w UJ \.oJ > > > -< '" -< . . ~ ~ - - - I _ _ _ ~ . _ . w J: U '" U -.J a: -.J f -< 0 . z u -< <( a: a: U I- ~ ST ST z z MENOENHA z ST BR r 901 Exhibit "A" GRIFF IN I "\ ~ '::,\ ~ ,,' \ ':~."::';-,,- ~ - ~ -,' ~-' ~ .......... - .- '..~ ~......... - --.....~......... - "-'"-"'"':~) ". '"2:> - .->"2 -,'-:' @ @ I" ,:c,:cc~~~~~~~,,:c,:-:,~J : 0",1' ""-- GallatIn I S T 11'V'li5 County II.6L F ai, Grounds I~ t 10 +- I 5 I"': g I a. c IIll Q TAMARACK 10 ~ 5 NON-DlSCRIMINA nON NOTICE During the performance of this Agreement, Montana Rail Lmk, Inc, (hereafter in thIs Section ''the Party"), for Itself, its assignees and successors m interest, agrees as follows: A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL~AID CONTRACTS (1) Compliance with RelZulations: The Party shall comply wIth all Regulations relattve to nondlscnmmatlOn m 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) NondlscnmmatlOn. The Party, with regard to the work performed by it dunng the Agreement, shall not dlscnmmate 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. IncludinR; Procurement of Matenals and Eauitlment: In all solicitations, whether by competitive biddmg or negotiation by the Party for work to be performed under a subcontract, includmg procurement of materials or leases of equipment, any potential subcontractor or suppher shall be notified by the Party of the Party's obligations under this Agreement and the Regulations relative to nondlscnmInatton. (4) Informatton and Reports: The Party will provide all reports and mformation requued by the RegulatIOns, or directtves Issued pursuant thereto, and permit access to Its books, records, accounts, other sources of Infonnatton and Its facihties as may be determIned by State or the Federal Highway Administration (FHW A) to be pertInent to ascertain comphance WIth RegulatIons or duecttves, Where any mformation required of the Party IS In the exclusive posseSSIOn of another who fails or refuses to furnish thIS mformatlOn, the Party shall so certify to the Department or the FHW A as requested, settmg forth what efforts It has made to obtam the mformation, (5) Sanctions for NoncomD)jance: In the event of the Party's noncompliance with the nondiscrimination provisions of this Agreement, State may Impose sanctions as it or the FHW A determmes appropnate, including, but not hrnited to, (a) Withholdmg payments to the Party under the Agreement until the Party comphes, and/or (b) Cancellation, termination or suspensIOn of the Agreement, in whole or in part. (6) Incorporation of PrOVISIOns: The Party will include the provisions of paragraphs (I) through (6) in every subcontract, includIng procurement of matenals and leases of equipment, unless exempt by the Regulations or dlrecttves Issued pursuant thereto. The Party will take such actIOn with respect to any subcontract or procurement as the State or the FHW A may duect to enforce such prOVIsions mcludmg sanctions for noncompliance: ProYlded, however, that m the event the Party is sued or is threatened with htigation by a subcontractor or supplier as a result of such direction, the Party may request the State to enter into the littgatton to protect the mterests of the State, and, in addition, the Party or the State may request the Umted States to enter into such litigation to protect the mterests of the United States. B) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR PRACTICES, SEC. 49-3-207, MCA In accordance WIth SectIon 49.3-207, MeA, the Party agrees that for this Agreement all hmng will be made on the baSIS of merit and quahficattons and that there will be no dIscrimination on the basis ofrace, color, rehglOn, creed, pohticalldeas, sex, age, marital status, physical or mental disabihty, or natIOnal ongm by the persons performing the Agreement. C) COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) (I) The Party WIll comply with all regulations relative to implementation of the AMERICANS WITH DISABILITIES ACT. (2) The Party will mcorporate or communicate the intent of the following statement in aU publications, announcements, video recordings, course offenngs or other program outputs: "The Party wlll 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 recordmgs produced and created under contract and/or agreement will be closed-captIOned, D) COMPLIANCE WITH PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORT A TION FINANCIAL ASSISTANCE PROGRAMS, 49 CFR PART 26 Each Agreement the Department signs WIth a Party (and each subcontract the prime contractor signs WIth a subcontractor) must Include the following assurance: The Party, subreclpient 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 tbese 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 approprlate. Revised November 17. 2005 Exhibit "c" Flgurs 88-2. Typical PlaC8ffJSnt of Warning SIgns and P~vsm9nt Markings at Highway-Rail Grad" Crossings i)W . . ::::8::: . ',.. '. . . I Sae Chapter 2C. Table 2C-4 7.5 m (25 1l)--l--7,~m (25 Il) 15 m (50 It) Pavement Marking Symbol' (see FIgure B8.3) ___ !i 01, .2 ~~~ H~ H);' ~ ~ ~ i ' .a Flgur. 88.3. Typ'.cal HIghway-Rail Gr.de CrossIng PaVf1ment Marking" 2.4 m' I I I Note: In an effort to simplify tho figure to show warning sign and pavement placement. J not all required tr.lllc control devices are shown, A thre9-lane roadway should be mark9d with a I centertlne lor two-I&ne approach operation on the apprOllch to a crossing, . When used, a portion of the paverTlllnt marking eymbol should be directly opposite tho Advanos Warning Sign (W1()'1), If needvd, supplemental pavement marking eymbol(s) may be plaoed between tho Advance Warning Sign and the oroaalng, but should be at least 15 meters (SO It) from the atop line, Legend ..... Dlrecllon of travel On multHane roads, the transversQ bande should extend acroee all epprollch lanes, and Individual RXR symbols should b8 used In each approach lane, -' , December 2000 ( Pale 2C.7 Tabltl 2C-4. Guldtlllnss for AdvancfI Pllllcflmtlnt of Warning Signs (English Units) Advance Placement DIstance' Posted or Conditlon A: Condltlon 8: Condition C: Deceleration to the llated adVisory 85th. Percentile HIgh Judgment Stop speed (mph) for tho condition' Speed required' condition> 10 20 30 40 50 20 mph 175ft N1A' N1A' - - - - 25 mph 250ft NlA' 100ft NlA' - - - 30 mph 321511 100 ft 1150 fI 100 fI - - - 315 mph 400ft 150 ft 200ft 175 ft NlA' - - 40 mph 415ft 225ft 275 ft 250ft 175 ft - - 45 mph 550ft 300ft 350ft 300ft 250ft NlA' - 50 mph 625ft 375 ft 425 ft 400ft 325ft 2215ft - 55 mph 700 It 450ft 500ft 475ft 400ft 300ft NlA' 60 mph nSft l560 ft 576ft 550 ft 500ft 400ft 300ft tl15 mph 850ft tll50 ft tI50ft 1521511 575 ft 500ft 37~ft For more infonnation go to website http://mutcd.fhwa.dot.gov EXHIBIT "D" C.nl$r 01 IIIn. Highway-rail grade cronlng paVement markIngs 'WIdth may vsry ilccordlnl11o Ian. width ' II ~g~~ It~ It i ,i'~ ~3!i~ii g,~i: ~ ~~R ~- . 5',<S:? e ~, ~.li l~! Iii ~Iji :i_~, 1; I ~ :! 0 l ~.~ l ~ ~ ~" ~ ",I :gLIJ)~ _'1~ c~ i!gS:ri:SlIi.i gee! ~R ? ~ ~ l~ ~ ~ .~ ~ ~ I ~ I !.r ;g, -8 ~~.~E ~~B ~~~ ~~ E ~ ~ lil ~~ S .~o lil ~ ~ '0 ~ ~ si.s ;i~e i~~ ~&1~ ~~ jH l;h u~ }~.HI JlHfiHH HU I' iD1 s t,,~ .II s$~~; I Olj;ibreb~~ iS~f~, iniH~ili H~I~! i ~ ~ s ~ s i l , Gi F s '~J l! ~ ~ Pi un UiHiii h i ~h ~Jii !!~i n~I Ii