HomeMy WebLinkAbout21- Montana Rail Link - Griffin Drive Construction and Maintenance AgreementPage 1 of 14
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR GRIFFIN DRIVE PUBLIC
ROADWAY IN THE CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
RAILROAD 2ND SUBDIVISION RAILROAD MILEPOST 141.41
DOT# 060073Y
AGREEMENT, made this _____ day of ____________________, 2021 (the “Effective Date”),
between the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana,
hereinafter referred to as "CITY", and MONTANA RAIL LINK, INC., a Montana Corporation,
hereinafter referred to as "RAILROAD":
WITNESSETH:
WHEREAS, RAILROAD has entered into a long-term lease with the Burlington
Northern Railroad Company, a successor in interest to the Northern Pacific Railway
Company, now known as the BNSF Railway Company (“BNSF”), to operate a railway
company and maintain railroad tracks and infrastructure on the said RAILROAD right of way;
WHEREAS, a 60-foot wide easement was granted by the Northern Pacific Railway
Company on September 16, 1940, to Gallatin County across the RAILROAD’s right of way for
the public roadway now known as Griffin Drive, and said easement is found in the Records
of Gallatin County at Book 84, Page 365;
WHEREAS, Griffin Drive is listed as U-1217N by the Montana Department of
Transportation (“MDT”) in its list of Urban Highway System Routes, and CITY and MDT have
entered into that certain agreement dated October 2020 in which CITY agreed to assume
performance of construction and maintenance responsibilities for U-1217N Griffin Drive;
WHEREAS, CITY and RAILROAD agree that additional public roadway easement area
is in their mutual interests and is necessary to accommodate CITY’s plans for roadway
improvements at Griffin Drive as shown on the map attached and marked as Exhibit “A”;
WHEREAS, the parties desire that all future Griffin Drive construction, reconstruction,
and maintenance projects on RAILROAD’s right of way be built in accordance with plans and
specifications to be prepared by CITY and approved by RAILROAD;
WHEREAS, RAILROAD and MDT have entered into that certain “GRADE CROSSING
SIGNALS TWO-PARTY AGREEMENT” dated January 17, 2007, for the construction and
maintenance of active grade crossing warning signals at DOT# 060073Y, the main line at-
grade crossing of Griffin Drive on RAILROAD’s right of way;
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WHEREAS, in the interest of aiding public safety and installing certain supplemental
safety measures (“SSMs”) required for a future quiet zone at DOT# 060073Y, the CITY is
including an upgrade of the existing active grade crossing warning signals system in its scope
of work for roadway improvements to Griffin Drive, and RAILROAD agrees to install and
maintain the new active grade crossing warning signal system;
WHEREAS, this agreement will supersede that certain “GRADE CROSSING SIGNALS
TWO-PARTY AGREEMENT” dated January 17, 2007, for the construction and maintenance
of active grade crossing warning signals at DOT# 060073Y and make that agreement null
and void;
WHEREAS, Mont. Admin. R. § 18.6.311 provides that CITY will own the active grade
crossing warning signal system;
WHEREAS, the parties agree that the RAILROAD will receive no ascertainable benefit
from the contemplated roadway improvements nor from the installation of the active grade
crossing signal equipment;
WHEREAS, the parties agree that the four-quadrant pedestrian gates and
appurtenances thereto installed at the multi-use trail crossings of Griffin Drive are quiet
zone-specific grade crossing warning signal equipment;
WHEREAS, the parties will negotiate a separate agreement for installation (at other
crossing locations), inspections, maintenance, repairs, and replacement of the quiet zone-
specific grade crossing signal equipment at such time as the CITY undertakes a project to
create a whistle quiet zone in accordance with 49 CFR Part 222;
WHEREAS, the CITY will own and maintain the roadway and related appurtenances,
including trails, sidewalks, drainage features, and traffic signals;
WHEREAS, the parties agree the RAILROAD will continue operating and maintaining
its tracks and appurtenances along with maintaining grade crossing warning devices by
agreement(s) and by the Administrative Rules of Montana;
NOW, THEREFORE, in consideration of the premises herein contained, the parties
agree:
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I
The RAILROAD shall recommend to the BNSF Railway Company (“BNSF”) that BNSF
grant to CITY, by separate instrument, an easement on its operating right of way, as shown
on the attached Exhibit "A”, for the continued operation and maintenance of the Griffin Drive
public roadway.
The RAILROAD hereby gives CITY a construction permit for the sole purpose of
constructing the contemplated roadway improvements, as shown in the area shown on
Exhibits “A” and “A1”, for a two-year period commencing on the Effective Date of this
Agreement.
The consideration for said easement and construction permit will be the permanent
partial abandonment (by separate instrument), and as shown on the attached Exhibit “D”, of
a portion of the said public roadway easement granted by the Northern Pacific Railway
Company on September 16, 1940, and found in the Records of Gallatin County at Book 84,
Page 365. It is understood that the abandonment instrument will be executed by the CITY
concurrently with this agreement.
II
CITY or its Contractor will construct, or cause to be constructed, improvements to
Griffin Drive in compliance with plans developed by CITY or its engineers and approved by
the RAILROAD and approved as necessary under CITY’s said agreement with MDT (within
its urban route). Nothing herein shall be construed or deemed to be a ratification or an
adoption by the RAILROAD of any construction plans and specifications as its own. CITY will
gain RAILROAD’s agreement for material changes to the project plans affecting the
RAILROAD’s right of way occurring after this agreement is signed
The CITY will present the attached Exhibit "C", Contractor Requirements for Work on
the Right of Way of the RAILROAD, to its contractors for any maintenance or reconstruction
work on the roadway or appurtenances thereto. The CITY 's contractor will comply with all
aspects of this attachment. There will be no equipment, manpower or work on the right of
way of the RAILROAD prior to approval by the RAILROAD. The CITY’s contractor(s) will
telephone the RAILROAD's Communication Network Control Center at (800) 338-
4750 (a 24-hour number), and Utilities Underground Location Center (800) 424-5555, to
determine if underground utilities or communication facilities are buried anywhere in the
area.
Should it become necessary for the RAILROAD to obtain the services of a consultant
engineer or a contractor after this agreement is completed, and due to any exigency of the
RAILROAD and the project, the CITY and the RAILROAD will mutually agree, in writing, as to
the area of need and the RAILROAD's selection of a consultant or contractor.
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III
CITY and the RAILROAD will perform various items of work as follows:
PART A
WORK TO BE PERFORMED BY CITY (OR ITS CONTRACTOR) AT CITY EXPENSE:
1. Except as herein provided, furnish all plans, engineering, supervision, labor,
materials, supplies, and equipment necessary for construction of the project,
complete in all details.
2. Perform all work not specifically mentioned as work performed by the
RAILROAD necessary to complete the project in accordance with the plans and
specifications.
3. Any work or modification which, under this agreement, may be performed by
the Contractor will nevertheless be the obligation of the CITY, and the
RAILROAD will be entitled to look to the CITY for full performance thereof.
4. CITY will provide the attached Exhibit “C” “Requirements for Contractors,
Public Employees, and Private Individuals (Hereinafter Referred to as
Contractor) When Working on the Railroad’s Right of Way” to its Contractor.
The CITY’s Contractor will comply with all aspects of these attachments.
5. Develop a premises Exhibit “A”, sealed by professional land surveyor licensed
in Montana, and approved by RAILROAD, for inclusion in the easement and
Construction and Maintenance Agreement (“C & M”) documents. Develop a
construction permit premises Exhibit “A1” approved by RAILROAD, for
inclusion in this agreement.
6. Submit all temporary traffic control plans affecting the RAILROAD’s grade
crossing to RAILROAD’s Public Works Engineer Nick Bailey at
nbailey@mtrail.com for approval. Allow a minimum of three (3) days for
RAILROAD’s approval of submitted traffic control plans. Any temporary traffic
control plans affecting the grade crossing must not plan to alter the active
grade crossing warning system and must not utilize a Railroad’s flagger to
control vehicle traffic.
7. Provide construction stakes, including offset stakes, as needed by RAILROAD
to facilitate installation of grade crossing signal masts and trail crossing signal
masts.
8. Provide construction stakes, including offset stakes, as needed by RAILROAD,
to mark the extents of the outer edges of trail surfaces, to facilitate installation
of grade crossing signal masts and trail crossing signal masts.
9. Provide asphalt saw cuts in the asphalt roadway surface on both sides of the
tracks at the grade crossing at five feet (5’) from the nearest rail to
accommodate removal of existing track structure and replacement with new
track structure and concrete surface.
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10. Dispose of asphalt removed to accommodate the new concrete crossing
surface and maintain any temporary gravel surface in the roadway between
the edges of asphalt saw cuts and the newly installed concrete surface at the
grade crossing. Place asphalt patches in that area.
11. All temporary traffic controls, detours, notifications, temporary asphalt, and
asphalt necessary for RAILROAD to complete their work will be the
responsibility of the CITY. It is understood that the grade crossing will be fully
closed to traffic for not more than one (1) day for railroad to complete its
concrete crossing surface installation.
12. Contractor will cooperate with RAILROAD’s forces and with RAILROAD’s
contractors to the maximum extent possible.
13. Provide embankments at the four quadrants around the grade crossing built
to accommodate placement of new grade crossing signal masts for the
roadway, for the trails, and for the signal bungalow prior to such time as
RAILROAD will need to place the bungalow, masts, junction boxes and bored
conduits. RAILROAD will provide an approximate date of need for these
embankments at the Railroad Preconstruction meeting.
14. Coordinate a specific date and time for traffic signal interconnection
installation and testing. Provide five (5) days’ notice to Railroad for turn on of
interconnection.
15. Coordinate the extension of the culvert longitudinal to the tracks with
RAILROAD once RAILROAD has determined the specific width and location of
the bungalow access route.
PART B
WORK TO BE PERFORMED BY THE RAILROAD AT CITY'S EXPENSE:
1. Preliminary Engineering for this project. The CITY will pay $2,560.00 as a
lump sum for Preliminary Engineering. Preliminary Engineering includes all
costs for developing this agreement and standard easement documents to be
used for granting additional easement by the BNSF Railway.
2. Railroad Flagging. Provide railroad flagging protection during construction as
deemed necessary by the RAILROAD.
3. RAILROAD will provide not less than five (5) days’ notice of staking needs.
4. Provide engineering, supervision, labor, materials, and equipment necessary
for the installation of the new concrete crossing surface including upgrades to
the track structure to accommodate the new surface.
5. Install concrete crossing surface materials, including upgraded track
structure, to accommodate an approximately 105.625-foot long concrete
surface in accordance with RAILROAD’s current installation policies.
6. Dispose of track structure materials removed and not reused during
construction of the new concrete surface at RAILROAD’s cost.
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7. Raise embankment as needed to set the new signal bungalow at the proper
elevation and at the proper location on the southeasterly side of the grade
crossing. Provide finish grading and surfacing for the bungalow area.
8. Construct a bungalow access roadway including a turnaround from Evergreen
Drive to the bungalow area.
9. Provide engineering, labor, supervision, materials, and equipment to install
the active grade crossing warning signals system as shown in Exhibit B1 and
in accordance with the Manual on Uniform Traffic Control Devices, current
American Railroad Engineering and Maintenance of Way standards, and
RAILROAD’s policies.
10. Provide a single “dry” contact and sixteen (16) seconds of Advance
Preemption Time for traffic preemption in the design of the grade crossing
signal. system. The Total Warning Time (total circuit approach time) will be
50 seconds.
11. Provide a 2-inch dia. conduit beneath the tracks to the north side of the grade
crossing to a new junction box to be used for the traffic signal interconnect
cable.
12. Upon proper notice, coordinate the interconnect wire installation in
RAILROAD’s signal bungalow and participate in interconnection testing.
13. Coordinate with the power company for electrical service to the new signal
bungalow and for decommissioning of the electrical power service to the
existing signal bungalow.
14. Remove the existing signal bungalow only after the new grade crossing signal
system is installed and operational.
PART C
SEQUENCE OF OPERATION:
1. The CITY, the RAILROAD, and the CITY’s Contractor will meet at a mutually
agreeable date and time. Meeting will be held at or near the grade crossing
prior to any construction on RAILROAD’s right of way.
2. The CITY, the RAILROAD, and the CITY’s Contractor will meet at a mutually
agreeable date and time at the project location to inspect the project when
substantially completed within the RAILROAD’s right of way but prior to the
Contractor’s demobilization of people and equipment.
IV
All reconstruction, improvements, or maintenance work to be done by the CITY or its
contractor on the RAILROAD's right of way will be done in a manner satisfactory to the
RAILROAD and will be performed so as not to unnecessarily interfere with the movement of
trains or traffic upon the track. The CITY will require its Contractor to take precautions to
avoid damage to or interfere with the RAILROAD's track or trains and to notify the
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RAILROAD, as per Exhibit "C," whenever the contractor is about to perform work on, or
adjacent to its track to enable the RAILROAD, upon proper notice from CITY’s Contractor, to
furnish flagging and other necessary protective services and devices to ensure the safety of
railway operations. The RAILROAD can furnish such flagging and protective services and
devices that, in its judgment, are necessary to ensure the safety of railway operations, and
the CITY will reimburse the RAILROAD for the cost thereof. Whenever safeguarding of the
trains or traffic of the RAILROAD is mentioned in this agreement, it is intended to include all
permitted users of the RAILROAD's track.
The CITY, its contractors and subcontractors shall plan, schedule, coordinate
and conduct all work so as not to cause any delay to any train.
V
The RAILROAD will endeavor to submit on a regular basis progress bills for flagging
and other protective services and devices during any work contemplated by this agreement.
The progress bills will contain the dates and hours worked per day. The RAILROAD will
submit a final and complete billing for flagging and other protective services within one
hundred twenty (120) days after being notified of the completion of the project by the CITY.
The attached Exhibit "C," which is made a part hereof, is a statement of conditions when
flaggers, protective services and devices will be furnished by the RAILROAD. Railroad
flagging will be billed separately from the services listed in Exhibit B.
The RAILROAD will submit progress bills to the CITY during the progress of the work
included in this agreement for the actual cost of services and expenses incurred by the
RAILROAD. The estimated cost of the work, except flagging, to be performed under this
agreement by the RAILROAD’s forces at the expense of the CITY is shown on the detailed
estimate attached as Exhibit “B” and made a part of this agreement. The RAILROAD has
inspected the materials in the field prior to signing this agreement. The salvage value of
materials to be retained by the RAILROAD is shown on the attached Exhibit “B”. RAILROAD
shall utilize its approved public projects billing rates and methods. The CITY will reimburse
the RAILROAD for the actual cost and expenses incurred in connection with said work.
It is further agreed that the final and complete billing of all incurred costs will be made
by the RAILROAD at the earliest practical date and that a final audit and review will be made
by the CITY. Records are to be available to the CITY or their authorized representatives for
audit during the contract period and for a period of three (3) years from the date of final
payment.
VI
All contracts between the CITY and its contractor, for the construction provided for
on the roadway facility within the RAILROAD’s right-of-way, shall include language that
specifies the contractor is responsible to RAILROAD, including any of its affiliate RAILROAD
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companies, and its tenants for all damages for any unscheduled delay to any and all freight
or passenger trains that is caused by the contractor’s negligence, failure to comply with its
requirements under this agreement, failure to properly coordinate its work with the
RAILROAD or any cause not attributable to the RAILROAD, but arising from the
contractor’s activities that affect RAILROAD’s ability to fully utilize its equipment and to
meet customer service obligations. Contractor will be billed, as further provided below, for
the economic losses arising from loss of use of equipment and train service employees,
contractual loss of incentive pay and bonuses, and contractual penalties resulting from
train delays, caused by the Contractor, or its subcontractors performing work under the
project identified herein.
It is understood and agreed that this section includes any RAILROAD expenses for
delays arising from RAILROAD work necessitated by acts, omissions or negligence of the
contractor or subcontractors. For loss of use, contractor will be billed the current freight
train hour rate per train as determined from RAILROAD’s record. Any disruption to train
traffic may cause delays to multiple trains at the same time for the same period. In addition
to the above damages, passenger, U.S. mail trains, and certain other grain, intermodal, coal,
special and freight trains operate under incentive/penalty contracts between RAILROAD
and its customers. Under these arrangements, if RAILROAD does not meet its contract
service commitment, RAILROAD may suffer loss of performance or incentive pay or be
subject to a penalty payment. Contractor shall be responsible for any train performance
and incentive penalties or other contractual economic losses actually incurred by
RAILROAD which are attributable to a train delay caused by or related to this project.
The contractual relationship between RAILROAD and its customers is proprietary
and confidential. In the event of a train delay covered by this agreement, RAILROAD will
share information relevant to any train delay to the maximum extent consistent with
RAILROAD confidentiality obligations. Damages for train delay for certain trains could be
as high as $50,000.00 per incident.
VII
All contracts between the CITY and a contractor, for the construction provided for,
or maintenance work on the roadway within the RAILROAD right of way, will require the
contractor to indemnify, defend, and hold harmless the RAILROAD and any other railroad
company occupying or using the RAILROAD's right of way, or line of RAILROAD, against all
loss, liability and damage including attorney’s fees arising from activities of the contractor,
its forces or any of its subcontractors or agents, and will further provide that the contractor
will carry insurance of the kind and amount hereinafter specified:
A. Commercial General Liability Insurance – This insurance must contain broad
form contractual liability with a combined single limit of a minimum of
$2,000,000 each occurrence and an aggregate limit of at least $6,000,000.
Coverage must be purchased on a post 1998 ISO occurrence form or equivalent
and include coverage for, but not limited to the following;
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*Bodily Injury and Property Damage
*Personal Injury and Advertising Injury
*Fire legal liability
*Products and completed operations
This policy must also contain the following endorsements, which must be indicated on the
certificate of insurance:
*It is agreed that any workers’ compensation exclusion does not apply to
railroad payments related to the Federal Employers Liability Act or a railroad
Wage Continuation Program or similar program and any payments made are
deemed not to be either payments made or obligations assumed under any
Workers Compensation, disability benefits, or unemployment compensation
law or similar law.
*The definition of insured contract must be amended to remove any exclusion
or other limitation for any work being done within 50 feet of RAILROAD’s
property.
No other endorsements limiting coverage as respects obligations under the Agreement may
be included on the policy.
B. Business Automobile Insurance – This insurance must contain a combined
single limit of at least $1,000,000 per occurrence, and include coverage for, but
not limited to the following:
*Bodily injury and property damage
*Any and all vehicles owned, used or hired
C. Workers Compensation and Employers Liability insurance including
coverage for but not limited to:
*Contractor’s statutory liability under the worker’s compensation laws of the
state(s) in which the work is to be performed. If optional under State law, the
insurance must cover all employees anyway.
*Employers’ Liability (Part B) with limits of at least $500,000 each accident,
$500,000 by disease policy limit, $500,000 by disease each employee.
A Certificate of Insurance must be provided to the RAILROAD prior to commencement of
work.
D. Railroad Protective Liability insurance naming only the RAILROAD as the
Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in
the aggregate. The policy must be issued on a standard ISO form CG 00 35 10 93
and include the following:
*Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31
10 93)
*Endorsed to include the Limited Seepage and Pollution Endorsement
*Endorsed to remove any exclusion for punitive damages
*No other endorsements restricting coverage may be added
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*The original policy must be provided to the RAILROAD prior to performing
any work or services under this Agreement.
The RAILROAD is to be provided with a separate and individual Railroad Protective
Policy.
Other Requirements:
Where allowable by law, all policies (applying to coverage listed above) shall contain no
exclusion for punitive damages and certificates of insurance shall reflect that no exclusion
exists.
Contractor agrees to waive its right of recovery against RAILROAD for all claims and suits
against RAILROAD. In addition, its insurers, through the terms of the policy or policy
endorsement, waive their right of subrogation against RAILROAD for all claims and suits.
The certificate of insurance must reflect the waiver of subrogation endorsement. Contractor
further waives its right of recovery, and its insurers also waive their right of subrogation
against RAILROAD for loss of its owned or leased property or property under Contractor’s
care, custody, or control.
Contractor’s insurance policies through policy endorsement must include wording which
states that the policy shall be primary and non-contributing with respect to any insurance
carried by RAILROAD. The certificate of insurance must reflect that the above wording is
included in evidenced policies.
All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad
Protective) shall include a severability of interest endorsement and RAILROAD shall be
named as an additional insured with respect to work performed under this Agreement.
Severability of interest and naming RAILROAD as additional insured shall be indicated on
the certificate of insurance.
Prior to commencing the Work, Contractor shall furnish to RAILROAD an acceptable
certificate(s) of insurance including an original signature of the authorized representative
evidencing the required coverage, endorsements, and amendments and referencing the
contract audit/folder number if available. The policy(ies) shall contain a provision that
obligates the insurance company(ies) issuing such policy(ies) to notify RAILROAD in writing
at least 30 days prior to any cancellation, non-renewal, substitution or material alteration.
This cancellation provision shall be indicated on the certificate of insurance. In the event of
a claim or lawsuit involving RAILROAD arising out of this Agreement, Contractor will make
available any required policy covering such claim or lawsuit.
Any insurance policy shall be written by a reputable insurance company acceptable to
RAILROAD or with a current Best’s Guide Rating of A- and Class VII or better, and authorized
to do business in the state(s) in which the service is to be provided.
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Contractor represents that this Agreement has been thoroughly reviewed by Contractor’s
insurance agent(s)/broker(s), who have been instructed by Contractor to procure the
insurance coverage required by this Agreement. Allocated Loss Expense shall be in addition
to all policy limits for coverages reference above.
Not more frequently than every five years, RAILROAD may ask to reasonably modify the
required insurance coverage to reflect then-current risk management practices in the
railroad industry and underwriting practices in the insurance industry.
Acceptance of a certificate that does not comply with this section shall not operate as a
waiver of Contractor’s obligations hereunder.
The fact that insurance (including, without limitation, self-insurance) obtained by
Contractor shall not be deemed to release or diminish the liability of Contractor including,
without limitation, liability under the indemnity provisions of this Agreement. Damages
recoverable by RAILROAD shall not be limited by the amount of the required insurance
coverage.
ALL certificates of insurance required for contractor performed construction,
reconstruction, improvements, and/or maintenance work will be forwarded to the
RAILROAD at the following address:
MONTANA RAIL LINK INC. Attention: Contracts Administrator P.O. Box 16390 Missoula, MT 59808-6390 contracts@mtrail.com (406) 523-1566 Office (406) 523-1529 Fax
If the CITY, its contractor, subcontractors, or agents, in the performance of the work
herein provided for or by the failure to do or perform anything for which it is responsible
under the provisions hereof, shall damage or destroy any property of the RAILROAD, such
damage or destruction shall be corrected by the CITY in the event its contractor or the
insurance carriers fail to repair or restore the same.
VIII
Upon completion of any maintenance, improvements, or reconstruction work, the
CITY will require its Contractor to leave the RAILROAD right of way in a condition
satisfactory to the RAILROAD. This determination shall be made by the RAILROAD’s Chief
Engineer or his designee.
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IX
The CITY agrees that in removing snow from said roadway and appurtenances
(including trails/sidewalks), that the CITY will perform such snow removal in a manner as
not to deposit the snow or debris on the roadbed or tracks of the RAILROAD. Any snow or
debris deposited on the roadbed or track sections by actions of the CITY will be removed by
the RAILROAD with such costs of removal billed against the CITY. The RAILROAD agrees to
notify the CITY of any ongoing problem in this area.
X
The CITY will own and maintain the roadway and all appurtenances thereto.
The CITY will be responsible for all future maintenance, repair, improvement, modification
or replacement, as needed, based upon prevailing warrants, guidelines, and conditions. The
CITY agrees that it will do nothing and permit nothing to be done in the maintenance of the
roadway which will interfere with or endanger facilities of the RAILROAD. The CITY will own
and maintain any drainage pipes installed under Section III Part A, if any. The CITY will adjust
or maintain the pipes as per written request of the RAILROAD within 20 days of notification.
The RAILROAD can charge the CITY actual cost for work performed should the CITY not
respond to the written request. The CITY will notify the RAILROAD whenever maintenance
crews will be working on or around these pipes and will have people or equipment within
25 feet of the track. The RAILROAD may require railroad flagging at CITY’s cost.
The quiet zone-specific grade crossing warning signal equipment shall be maintained,
inspected, repaired, and replaced (by separate agreement) at CITY’s cost. The RAILROAD, at
its own cost and expense, will maintain the railroad grade crossing signal system (except
quiet zone-specific grade crossing warning signal equipment) and crossing surface in a
satisfactory manner and will make ample provisions for such maintenance, provided,
however, that the RAILROAD shall be entitled to receive any contribution toward the cost of
such maintenance as may be now or hereafter made available by reason of any law,
ordinance, regulation, order, grant, or by any other means or sources.
Pursuant to Mont. Admin. R. § 18.6.311(1), the CITY will own the railroad grade
crossing signals. 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.
In the event that the railroad grade crossing signal equipment is damaged the
RAILROAD'S Chief Engineer or his/her designee will notify law enforcement within two (2)
working days from the date which such damage was found.
Pursuant to Mont. Admin. R. § 18.6.311(3), the CITY will pay for the repair or
replacement cost (damage maintenance cost) of the signal and activation equipment in the
event of damage and the responsible party for the damage cannot be identified or will not
pay.
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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 at
the time of replacement.
XI
In the event said roadway shall, at any time, cease to be used by the public or
otherwise become vacated or abandoned, the rights and benefits of the CITY under this
agreement shall immediately cease, and the CITY shall remove said roadway at its own cost
and expense. To facilitate the CITY’s removal of the roadway, the RAILROAD will issue to the
CITY, at no cost or expense, a permit to accomplish said removal. If after a reasonable time
the CITY has not removed the facility, the RAILROAD, after providing the CITY a minimum of
60 days prior notification, may remove said facility at the expense of the CITY.
Pursuant to Mont. Admin. R. § 18.6.311(1), the CITY 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.
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
All notices, billings, payments, and other required communications ("Notices") to the Parties
shall be in writing, and shall be addressed respectively as follows:
If to CITYY: CITY OF BOZEMAN
Attention: Director of Public Works
P.O. Box 1230
Bozeman, MT 59715
If to RAILROAD: MONTANA RAIL LINK INC. Office of the Chief Engineer P.O. Box 16390 Missoula, MT 59808-6390 Telephone (406) 523-1440 FAX (406) 523-1529
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All notices shall be given (i) by personal delivery to the Parties, or (ii) by electronic
communication, with a confirmation sent by mail, or (iii) by mail. All notices shall be
effective and shall be deemed delivered (i) if by personal delivery on the date of delivery if
delivered during normal business hours, and, if not delivered during normal business hours,
on the next business day following delivery, (ii) if by electronic communication on the next
business day following receipt of the electronic communication, or (iii) if solely by mail on
the next business day after actual receipt. Any Party may change its address by notice to the
other Parties.
XII
This agreement will be binding on the parties hereto, their successors and assigns.
MONTANA RAIL LINK, INC.
By:
Heather Mattson
VP Finance and Accounting
CITY OF BOZEMAN
By:
Name: ________________________________________________
Title:
Attest:
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Jeff Mihelich
City Manager
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025SCALE:1:505025EXHIBIT A1NORTHDocuSign Envelope ID: 20D5D297-9AD6-4758-9FAD-65DFF1DDB637
EXHIBIT "B"
MONTANA RAIL LINK ESTIMATE
UPGRADE SIGNAL SYSTEM AND INSTALL NEW TRACK STRUCTURE WITH CONCRETE CROSSING SURFACE
GRIFFIN DRIVE, DOT# 060073Y, RR MP 141.41, 2ND SUB.
BOZEMAN, MONTANA
05/12/21
DETAILED ESTIMATE OF COST
ITEM QUANTITY UNIT UNIT COST ($)TOTAL COST ($)
SUPERVISOR TIME
SIGNAL SUPERVISOR 16 HRS 99.25$ 1,588.00$
ROADMASTER 8 HRS 83.50$ 668.00$
LABOR
SIGNAL CREW
INSTALL NEW UG CABLE AND PED 50 HRS 291.50$ 14,575.00$
INSTALL BUNGALOW/FIELD WIRE 36 HRS 291.50$ 10,494.00$
INSTALL MASTS AND LIGHTS 54 HRS 291.50$ 15,741.00$
TRAVEL AND MOB 16 HRS 291.50$ 4,664.00$
CUTOVER CREW
TEST/INSPECT NEW EQUIPMENT 16 HRS 431.50$ 6,904.00$
PLACE SIGNALS IN SERVICE 10 HRS 431.50$ 4,315.00$
REMOVE OLD SIGNAL EQUIPMENT 12 HRS 431.50$ 5,178.00$
MAINTENANCE CREW
BUILD TRACK PANEL 24 HRS 371.00$ 8,904.00$
REMOVE EXISTING CROSSING 4 HRS 371.00$ 1,484.00$
REPLACE CROSSING 4 HRS 371.00$ 1,484.00$
SURFACING CREW
SURFACE CROSSING 4 HRS 170.50$ 682.00$
CREWS OVERTIME AND MILEAGE 74,425$ 5%3,721.25$
MAINTENANCE CREWS PER DIEM 50 UNITS 93.20$ 4,660.00$
SIGNAL CREWS PER DIEM 60 UNITS 111.20$ 6,672.00$
SECTION CREW
MATERIALS DELIVERY 8 HRS 207.50$ 1,660.00$
CLEAN UP 8 HRS 207.50$ 1,660.00$
EQUIPMENT USAGE FOR SIGNALS
HY-RAIL PICKUP 120 HRS 34.50$ 4,140.00$
BOOM TRUCK - SIGNAL 120 HRS 103.00$ 12,360.00$
SIGNAL TRUCK 120 HRS 53.75$ 6,450.00$
BACKHOE 80 HRS 91.75$ 7,340.00$
TRAILER 30 HRS 7.25$ 217.50$
EQUIPMENT USAGE FOR CROSSING
BOOM TRUCK 16 HRS 103.00$ 1,648.00$
SPEED SWING 16 HRS 121.25$ 1,940.00$
6700 TAMPER 4 HRS 617.50$ 2,470.00$
REGULATOR 4 HRS 234.00$ 936.00$
HYRAIL PICKUP 4 HRS 34.50$ 138.00$
MATERIALS
RAIL, 136#, CWR, STD CARBON 250 LF 22.75$ 5,687.50$
TIES, SWITCH, WOOD, 7X9X10 77 EA 81.00$ 6,237.00$
PLATE, TIE, 136, PAN, P2 W/RND HOLE 154 EA 19.10$ 2,941.40$
CLIP, PANDROL E-2055 308 EA 1.80$ 554.40$
SPIKE, SCREW, 15/16X6.5, EVERGR.616 EA 2.10$ 1,293.60$
INVENTORY MATERIALS ADDITIVE 16,713.90$ @ 5%835.70$
SCREWS, EXISTING CONC. SURF.3 LOTS 95.00$ 285.00$
BALLAST ROCK 270 TONS 12.35$ 3,334.50$
NEW CONC. XING SURFACE 48.75 LF 185.00$ 9,018.75$
XING SURFACE FREIGHT 1 LS 2,950.00$ 2,950.00$
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DETAILED ESTIMATE OF COST, CONTINUED
ITEM QUANTITY UNIT UNIT COST ($)TOTAL COST ($)
XING SIGNAL PACKAGE (EXHIBIT B1)1 EA 189,520.00$ 189,520.00$
XING SIGNAL FREIGHT - ESTIMATED 1 LS 12,500.00$ 12,500.00$
MISC. CHARGES
DRESS ROCK - SIGNAL 1 LS 2,500.00$ 2,500.00$
POWER SERVICE - SIGNAL 1 LS 6,900.00$ 6,900.00$
CONTRACT BORING - SIGNAL 1 LS 20,000.00$ 20,000.00$
ACCESS ROADWAY - CONTRACTED 1 LS 7,500.00$ 7,500.00$
MINI EXC. RENTAL - SIGNAL 1 LS 1,500.00$ 1,500.00$
ACCOUNTING FEE 3 EA 240.00$ 720.00$
SALVAGE CREDIT - PORTION OF SIGNAL SYSTEM 1 LS (7,500.00)$ (7,500.00)$
TOTAL ESTIMATED COST 399,471.60$
COST TO BE FUNDED BY CITY OF BOZEMAN 399,472$
CUTOVER CREW
1 SIGNAL INSPECTOR 73.50$ 73.50$
1 FOREMAN 66.50$ 66.50$
2 SIGNALMEN 58.00$ 116.00$
2 ASST. SIGNALMAN 54.50$ 109.00$
1 SIGNAL MAINTAINER 66.50$ 66.50$
7 TOTAL 431.50$
HOURLY HOURLY
SIGNAL CREW WAGE COST
1 FOREMAN 66.50$ 66.50$
2 SIGNALMEN 58.00$ 116.00$
2 ASST. SIGNALMAN 54.50$ 109.00$
5 TOTAL 291.50$
MAINTENANCE CREW HOURLY TOTAL
1 FOREMAN 58.00$ 58.00$
2 MACHINE OPERATOR 54.50$ 109.00$
4 LABORER 51.00$ 204.00$
7 TOTAL 371.00$
SECTION CREW
1 FOREMAN 58.00$ 58.00$
2 MACHINE OPERATOR 51.00$ 102.00$
1 LABORER 47.50$ 47.50$
4 TOTAL 207.50$
SURFACING CREW HOURLY TOTAL
1 FOREMAN 58.00$ 58.00$
1 6700 OPERATOR 58.00$ 58.00$
1 REGULATOR OPERATOR 54.50$ 54.50$
3 TOTAL 170.50$
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EXHIBIT “C”
Requirements for Contractors, Public Employees, and Private Individuals
(Hereinafter Referred to as Contractor) When Working on the Railroad’s
Right of Way
(Note – these requirements do not apply to railroad workers and/or contractors or firms
working for the Railroad. Any railroad worker, contractor, or firm doing work for the
Railroad shall comply with the terms and conditions of their contract)
1.01 General
1.01.01 The Contractor shall plan, schedule, and conduct all work activities so as
not to interfere with the movement of any trains on Railroad Property.
1.01.02 The Contractor's right to enter Railroad's Property is subject to the absolute right
of Railroad to cause the Contractor's work on Railroad's Property to cease if, in the opinion of
Railroad, Contractor's activities create a hazard to Railroad's Property, employees, and/or
operations. Railroad has the right to stop construction work on the Project if any of the
following events take place: (i) Contractor (or any of its subcontractors) performs the Project
work in a manner contrary to the plans and specifications approved by Railroad; (ii)
Contractor (or any of its subcontractors), in Railroad’s opinion, prosecutes the Project work in
a manner which is hazardous to Railroad property, facilities or the safe and expeditious
movement of railroad traffic; (iii) any of the insurances required by Railroad are canceled
during the course of the Project. The work stoppage continues until all necessary actions are
taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railroad’s
Chief Engineer or his designee, or until additional insurance has been delivered to and
accepted by Railroad. Any such work stoppage under this provision does not give rise to any
liability on the part of Railroad. Railroad’s right to stop the work is in addition to any other
rights Railroad may have including, but not limited to, actions or suits for damages or lost
profits. In the event that Railroad desires to stop construction work on the Project, Railroad
agrees to notify the following individual as soon as possible in writing:
Taylor Lonsdale, P.E.
City of Bozeman
20 East Olive St., 1st Floor
Bozeman, MT 59715
Phone: (406) 582-2286
Email: tlonsdale@bozeman.net
It is understood that written notification by Railroad may be secondary to safeguarding
Railway’s employees, Property, and equipment in the event of a hazardous or unsafe situation.
1.01.03 The Contractor is responsible for determining and complying with all
Federal, State and Local Governmental laws and regulations, including, but not limited to,
environmental, health and safety. The Contractor shall be responsible for and indemnify
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and save the Railroad harmless from all fines or penalties imposed or assessed by Federal,
State and Local Governmental Agencies against the Railroad which arise out of
Contractor's work.
1.01.04 For any demolition, false work above any tracks, or any excavations located,
whichever is greater, within twenty-five (25) feet of the nearest track or intersecting a
slope from the plane of the top of rail on a 1 1/2 horizontal to 1 vertical slope beginning
at eleven (11) feet from centerline of the nearest track, both measured perpendicular to
center line of track, furnish the Railroad a pdf electronic file (with included working
drawings to be legibly printable on 11”x17” paper) showing details of construction
affecting Railroad Property and tracks. Ensure the working drawings include the
proposed method of installation and removal of falsework, shoring or cribbing, not
included in the contract plans and ensure each of the sets of plans includes complete
structural calculations of any demolition, falsework, shoring, or cribbing. For all
excavation and shoring submittal plans, the current “BNSF-UPRR Guidelines for
Temporary Shoring” (http://www.bnsf.com/in-the-community/pdf/bnsf-up-shoring-
guide.pdf) must be used for determining design loading conditions to be used in shoring
design, and all calculations and submittals must be in accordance with the current “BNSF-
UPRR Guidelines for Temporary Shoring”. For all demolition and false work plans, the
current “BNSF Guidelines for Preparation of Bridge Demolition & Removal Plan Over the
BNSF Railroad” (http://www.bnsf.com/in-the-community/pdf/bnsf-demolition-
guideline.pdf) Sections I, II, III, IV and Appendixes must be followed. Ensure all submittal
drawings and calculations are sealed by a currently registered Professional Engineer
licensed in the State of Montana. Ensure all calculations take into consideration railroad
surcharge loading and are designed to meet American Railroad Engineering and
Maintenance-of-Way Association (previously known as American Railroad Engineering
Association)(AREMA) Coopers E-80 live loading standard. The Railroad will notify the
City and Contractor of Railroad’s comments, and Railroad will advise the City and
Contractor at the time when the Railroad has no objections to submittals. Contractor may
not begin work covered under submittals provided in accordance with this section until
Railroad has provided, in writing, a statement of no objections. The Contractor will be
required to use lifting devices, such as cranes and/or winches, to place or to remove any
false work over Railroad's tracks. The Contractor is in no way to be relieved of
responsibility for results obtained by the implementation of said plans. Railroad has 30
calendar days to review each submittal and provide comments.
1.01.05 Subject to the movement of the Railroad's trains, the Railroad will
cooperate with the Contractor such that the work may be handled and performed in an
efficient manner. The Contractor shall have no claim whatsoever for any type of damages
in the event his work is delayed by the Railroad.
1.01.06 The Contractor shall take protective measures as are necessary to keep the
Railroad’s facilities, including track ballast, free of sand, debris, and other foreign objects
and materials resulting from his operations. Any damage to Railroad facilities resulting
from Contractor's operations will be repaired or replaced by the Railroad and the cost of
such repairs or replacement shall be paid for by the Contractor. Notify Railroad’s Public
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Works Engineer as listed in this Section at least two weeks prior to the anticipated
substantial completion of the Project to arrange for a site inspection at a mutually
agreeable date and time for Railroad and Contractor.
Notify the Railroad's Public Works Engineer in writing, by email at: nbailey@mtrail.com
or by letter to: Public Works Engineer Nick Bailey, Montana Rail Link, PO Box 16390,
Missoula, MT 59808 and provide blasting plans to the Railroad for review and approval
at least seven (7) calendar days prior to conducting any blasting operations adjacent to or
on Railroad's Property.
1.01.07 The Contractor shall abide by the following clearances during construction,
maintenance or improvements.
Abide by the following temporary clearances during construction:
15'-0" Horizontally from center line of nearest track.
22'-6" Vertically above top of rail (temporary falsework clearance may be reduced
to 21'-6" Subject to specific Railroad approval)
27'-0" Vertically above top of rail for electric wires carrying less than 750 volts
28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000
volts
30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000
volts
34'-0" Vertically above top of rail for electric wires carrying more than 20,000
volts
Upon completion of the project, ensure the following clearances have been maintained:
25’ Horizontally from centerline of nearest track
23’-4” Vertically above top of rail
1.01.08 The Contractor shall not move any equipment or materials across the
Railroad’s track unless at a public road crossing or at an approved temporary crossing
and permission has been obtained from the Railroad.
1.01.09 Discharge, release or spill on Railroad Property of any hazardous
substances in excess of a reportable quantity or any hazardous waste is prohibited, and
Contractor shall immediately notify the Railroad's Chief Dispatcher at 1(800) 338-4750,
of any discharge, release or spills. Contractor shall not allow Railroad Property to become
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a treatment or storage facility as those terms are defined in the Resource Conservation
and Recovery Act or any state analogue.
1.01.10 The Contractor, upon completion of the work covered by this contract, shall
promptly remove from the Railroad's Property all of Contractor's tools, equipment,
implements and other materials, whether brought upon said property by said Contractor
or any subcontractor, employee or agent of Contractor or of any subcontractor, and shall
cause the Railroad's Property to be left in a condition acceptable to the Railroad's
representative.
1.02 Protection of Railroad Facilities and Railroad Flagger Services:
1.02.01 To initially commence flagging and/or to resume flagging after an extended
period of non-use of flagging, give a minimum of thirty (30) calendar days notice to
Railroad’s Public Works Engineer Nick Bailey, at nbailey@mtrail.com in advance of
when flagging services are required in order to bulletin the Flagger position per Railroad’s
labor agreement requirements. If flagging services are scheduled in advance by the
Contractor, and it is subsequently determined by the parties hereto that Flagger services
are no longer necessary, provide a minimum of five (5) business days notice in writing to
the Public Works Engineer and Roadmaster per Section 1.01.06 to abolish the position
per Railroad’s labor agreements.
1.02.02 Once the Project has commenced, submit schedules of required flagging needs
to Railway’s local Roadmaster, local Assistant Roadmaster, and Public Works Engineer
and any persons designated by the CITY on a weekly basis. Submit schedules for the
subsequent week’s flagging needs. Submit schedules electronically by email to the addresses
provided by the Railroad not later than 1400 hours (2 pm) every Thursday. The weekly
schedule is needed for Railroad’s work force utilization. Failure to submit a weekly flagging
schedule may result in a Flagger not being assigned to the Project when needed by Contractor.
Ensure the required flagging needs emails contains the following information each week: Dates
of Schedule, Days of Week, Flagger Needed (Yes/No), Contractor Work Hours, Brief Work
Description. An example of one day of such a schedule is as follows:
Date Day Flagger Yes/No Contractor Hours Work Description
Jan 14 Mon Flagger Yes 0700-1730 Setting forms
1.02.03 Railroad Flagger and protective services and devices are required and furnished
when Contractor's work activities are located over or under and within twenty-five (25)
feet measured horizontally from center line of the nearest track or railroad structures
and when cranes or similar equipment positioned outside of 25-foot horizontally from
track center line that could foul the track in the event of tip over or other catastrophic
occurrence, but not limited thereto for the following conditions:
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1.02.03a When in the opinion of the Railroad's Flagger, Roadmaster, or Public
Works Engineer, it is necessary to safeguard Railroad's Property; employees;
trains; engines; and facilities, or when other conditions warrant.
1.02.03b When any excavation is performed below the bottom of tie elevation, if,
in the opinion of Railroad's Flagger, Roadmaster, or Public Works Engineer, track
or other Railroad facilities may be subject to movement or settlement.
1.02.03c When work in any way interferes with the safe operation of trains at
timetable speeds.
1.02.03d When any hazard is presented to Railroad track, communications,
signal, electrical, or other facilities either due to persons, material, equipment, or
blasting in the vicinity.
1.02.03e Special permission must be obtained from the Railroad before moving
heavy or cumbersome objects or equipment which might result in making the
track impassable.
1.02.04 Flagging services are performed by a qualified Railroad Flagger. The sole and
exclusive function of the Flagger is to protect Railroad’s operations from interference by,
and adverse effects from, the Contractor’s activities on Railroad Right of Way.
Performance of this function includes, but is not limited to: (1) setting any required
protective devices and making all necessary communications with Railroad’s operating
groups prior to Contractor’s work start time, (2) a required Job Briefing with the
Contractor’s on-site crew boss each day prior to work commencement, (3) providing the
Contractor with advance notice of approach of railroad owned and/or operated trains or
other “on-track” equipment, and (4) removing required protective devices and making
necessary communications with Railroad’s operating groups after Contractor work has
ceased. Upon notice of approach, Contractor employees must immediately cease work
within 25 feet of tracks and/or place cranes which are in positions to foul tracks in the
event of a tip over into safe configurations and move to the places designated in the
morning Job Briefing. Railroad flagging personnel do not have the authority to modify or
change the contract plan or specifications. Obey any Flagger safety instructions
immediately and without question. Failure to comply may result in Project shut
down until the situation can be resolved to Railroad’s sole satisfaction and/or
additional consequences for the Contractor. Direct questions or requests for
modifications, changes, or interpretations of the contract plans and/or specifications,
which require railroad approval, to the railroad’s Public Works Engineer as listed in
Section 1.01.06.
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1.02.05 The cost of Flagger services provided by the Railroad will be borne by the CITY.
The current base cost per hour for one (1) Flagger is $50.50 which includes vacation
allowance, paid holidays, Railroad and Unemployment: Insurance, Public Liability and
Property Damage Insurance, health and welfare benefits, transportation, meals, lodging
and supervision for an eight (8)-hour basic day with time and one-half or double time for
non-standard start work times, overtime, rest days and holidays. Per diem at the current
rates may be charged if paid to Flagger by Railroad’s labor agreements. In addition, there
will be an estimated current $30.00 per hour charge for vehicle rental, or mileage, from
headquarters to set protective devices, while at Project site, remove protective devices,
then return to headquarters. This rate is for the classification of Laborer 5+ Years and is
shown solely for the Contractor's information, and there is no guarantee that this class of
labor will actually be used or that the rates of pay shown in column will be those in effect
at the time the work is undertaken. These rates are subject to any increases which may
result from Railroad Employees-Railroad Management negotiations or which may be
authorized by Federal authorities. The flagging rates in effect at the time of performance
by the Contractor hereinunder are used to calculate the actual costs of flagging pursuant
to this Section 1.02.
1.02.05a A Flagger generally consists of one (1) employee. However, additional
personnel may need to be assigned as a Flagging Crew at Railroad’s sole discretion.
Additional personnel including, but not limited to, Communications Technicians
and/or Signalmen, used to protect communications and signal facilities, may be
required to protect Railroad Property and operations, if deemed necessary by a
Railroad Supervisor.
1.02.05b Each time a Flagger is called, the minimum period for billing is the eight (8)-
hour basic day, provided the Contractor has been working 8-hour days during the week.
However, two exceptions may raise the minimum billing period: (1) if overtime, as
provided for in Railroad’s labor agreement, was performed on a day, the minimum
billing period includes the overtime plus the minimum 8-hour day, and (2) if the typical
work schedule for the Contractor has been 10-hour days, the minimum billing period
is the 10-hour day, plus any overtime performed that day.
1.03 Contractor Safety Requirements
1.03.01 Work in the proximity of railroad track(s) is potentially hazardous where
movement of trains and equipment can occur at any time and in any direction. Ensure all
work performed by Contractors within 25 feet of the centerline of any track(s) is in
compliance with Federal Railroad Administration Roadway Worker Protection
regulations.
1.03.02 Any Contractor employee, its subcontractor’s employee, agents or invites
under suspicion of being under the influence of drugs or alcohol, or in the possession of
same, will be removed from the Railroad's Property and subsequently released to the
custody of a representative of the Contractor. Future access to the Railroad's Property by
that employee will be denied.
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1.03.03 All persons are prohibited from having pocketknives with blades in excess
of three (3) inches, firearms or other deadly weapons in their possession while working
on Railroad Property.
1.03.04 All personnel protective equipment used on Railroad Property shall meet
applicable OSHA and ANSI specifications. Contractor personnel protective equipment
requirements are; a) safety glasses with side shields, b) hard hats, c) safety shoes:
hardened toe, above-the-ankle lace-up with a defined heel and d) high visibility
retro-reflective orange vests. Hearing protection, fall protection and respirators will be
worn as required by State and Federal regulations.
1.03.05 The Contractor shall not pile or store any materials, machinery or
equipment closer than 25'-0" to the centerline of the nearest Railroad track. At
highway/rail at-grade crossings, materials, machinery or equipment shall not be stored
or left temporarily which interferes with the sight distances of motorists approaching the
crossing. Prior to beginning work, the Contractor may establish a staging and/or storage
area with concurrence of the Railroad's representative.
1.03.06 Machines or vehicles must not be left unattended with the engine running.
Parked machines or equipment must be in gear with brakes set and, if equipped with
blade, pan or bucket, they must be lowered to the ground. All machinery and equipment
left unattended on Railroad Property must be left inoperable and secured against
movement.
1.03.07 Contractor must not create and leave any temporary or permanent
conditions at the work site that would interfere with water drainage. Any work performed
over water shall meet all Federal, State and Local regulations.
1.03.08 Contractor must immediately report any damage to Railroad’s Property, or
any hazard that is noticed on passing trains, to the Railroad Flagger if present at the
project site or to Railroad’s Emergency Hotline at 1-800-498-4838. Report any vehicle or
machine which has or may have come in contact with a track, signal equipment, or
structure and could result in a train derailment by the quickest means possible to the
Railroad Flagger if present at the job site or to the Railroad’s Emergency Hotline at 1-800-
498-4838.
1.04 Excavation
1.04.01 Before excavating, it must be ascertained by the Contractor if there are any
underground pipe lines, electric wires, or cables, including fiber optic cable systems, that
either cross or run parallel with the track which are located within the project's work
area. Excavating on Railroad Property could result in damage to buried cables resulting
in delay to Railroad traffic, including disruption of service to users resulting in business
interruptions involving loss of revenue and profits. A minimum of three (3) business
days before any excavation commences, the Contractor must contact the Railroad's
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Signal Supervisor Nathan Kluck at (406) 570-5993 and Roadmaster Chris Seymour
at (406) 223-3237 and advise them of the upcoming excavation and allow them to
arrange for any signal and communications lines to be located by Railroad’s
personnel. If neither the Signal Supervisor nor the Roadmaster are reached, contact
Railroad’s main office at (406) 523-1440 and advise the Public Works Engineer of
the situation. Railroad is not a party to One-Call Locates. All underground and
overhead wires must be considered HIGH VOLTAGE and dangerous until verified with the
company having ownership of the line. It is also the Contractor's responsibility to notify
any other companies that have underground utilities in the area and arrange for the
location of all underground utilities before excavating.
1.04.02 The Contractor must cease all work and the Railroad must be notified
immediately before continuing excavation in the area if unexpected obstructions are
encountered. If the obstruction is a utility, and the owner of the utility can be identified,
then the owner should also be notified immediately. If there is any doubt about the
location of underground cables or lines of any kind, no work will be performed until the
exact location has been determined. There will be no exceptions to these instructions.
1.04.03 All excavations shall be conducted in compliance with applicable OSHA
regulations, and regardless of depth, shall be shored where there is any danger to tracks,
structures or personnel.
1.04.04 Any excavations, holes or trenches on Railroad Property must be covered,
guarded and/or protected when not being worked on. When leaving work site areas at
night and over weekends, all areas must be secured and left in a condition that will ensure
that Railroad employees and other personnel who may be working or passing through the
area are protected from all hazards. All excavations must be back filled as soon as possible.
1.05 Hazardous Waste, Substances and Material Reporting
1.05.01 If Contractor discovers any hazardous waste, hazardous substance,
petroleum or other deleterious material, including but not limited to any
non-containerized commodity or material, on or adjacent to the railroad's Property, in or
near any surface water, swamp, wetlands or waterways, while performing any work
under this Agreement, Contractor shall immediately: (a) notify the Railroad's Chief
Dispatcher at 1-800-338-4750, of such discovery: (b) take safeguards necessary to
protect its employees, subcontractors, agents and/or third parties: and (c) exercise due
care with respect to the release, including the taking of any appropriate measure to
minimize the impact of such release.
1.06 Insurance Requirements
1.06.01 For projects involving construction or demolition on the Railroad’s
Property or Right of Way, the Contractor will provide proof of insurance which conforms
to the current requirements of the Railroad. The current insurance requirements of the
Railroad can be obtained from the Public Works Engineer at (406) 523-1440. Unless
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specifically notified that Railroad Protective Insurance is not required, the Contractor
should assume Railroad Protective Insurance is a requirement of any work on Railroad
Property or Right of Way.
1.07 Personal Injury Reporting
1.07.01 The Railroad is required to report certain injuries as a part of compliance with
Federal Railroad Administration (FRA) reporting requirements. Any personal injury
sustained by an employee of the Contractor, subcontractor or Contractor's invites while on
the Railroad's Property must be reported immediately (by phone mail if unable to contact in
person) to the Railroad's representative in charge of the project. The Non-Employee
Personal Injury Data Collection Form contained herein is to be completed and sent by
Fax to the Railroad at 1(406) 523-1529 and a copy to the Railroad's Flagger, if present, no
later than the close of shift on the date of the injury.
DocuSign Envelope ID: 20D5D297-9AD6-4758-9FAD-65DFF1DDB637
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NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD
BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO
PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY.
1. Accident City/St 2. Date: Time:
County: 3. Temperature: 4. Weather
5. Social Security #
6. Name (last, first, mi)
7. Address: Street: City: St. Zip:
8. Date of Birth: and/or Age Gender:
(if available)
9. (a) Injury: (b) Body Part:
[i.e. (a) Laceration (b) Hand]
11. Description of Accident (to include location, action, result, etc.):
12. Treatment:
G First Aid Only
G Required Medical Treatment
G Other Medical Treatment
13. Dr. Name 30. Date:
14. Dr. Address:
Street: City: St: Zip:
15. Hospital Name:
16. Hospital Address:
Street: City: St: Zip:
17. Diagnosis:
FAX TO
RAILROAD AT (406) 523-1529
AND COPY TO
RAILROAD FLAGGER (IF PRESENT)
DocuSign Envelope ID: 20D5D297-9AD6-4758-9FAD-65DFF1DDB637
Exhibit D to Construction and Maintenance AgreementDocuSign Envelope ID: 20D5D297-9AD6-4758-9FAD-65DFF1DDB637