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Home My WebLink About07- Railroad Signal Project Tri-Party Agreement - Fully Executed Montana Department of Transportation 2701 Prospect Avenue PO Box 201001 Helena MT 59620-1001 Jim Lynch, Director Brian Schweitzer, Governor ""'riling you with pride January 17, 2007 Honorable Jeff Krauss, Mayor City of Bozeman 411 East Main Street P.O. Box 1230 Bozeman, Montana 59771-1231 Subject Railroad Signal Proiect Circuitry Upgrade (MRL) RR Xing - L Street - Bozeman STPRP 1299(25), [6037] U.S. DOT 060049X We have completed the tri-party signal agreement between the City of Bozeman, Montana Rail Link Inc. and the State on subject project. Attached is your fully executed original agreement. We appreciate your efforts in support of the Rail/Highway Safety Program. If you have questions or concerns, contact John A1thofat (406) 444-7247 or e-mail ialthof@~mt.gov ~:P!;f~ Traffic and Safety Engineer Attachment DEWjwa CopIes: Jeffrey M. Ebert, P.E. District Administrator-Butte, (2 copies) File Traffic & Safety Bureau Phone. (406) 444-7237 Fax: (406) 444-0807 An Equal Opportunity Employer Engineering Division TTY (800) 335-7592 Web Page. www.mdt.state.mt.us "1 GRADE CROSSING SIGNALS TRI-P 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 t~ THIS AGREEMENT, made this /1 day of JtU1Uf.I/1. ,2007, 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 bv proiect. 1. Engineering, installation, and acquisition of signal material. 2. Upgrade main line to Constant Warning Time circuitry and other mam 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 of this 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 1, Part 31. Should it become necessary for the RAILROAD to alter the procedure referenced in the previous paragraph, after this agreement is completed the RAILROAD will submit the new procedure to thy STATE for approval. All work will be in accordance with State and Federal law and as described herein. The RAILROAD may use its own forces and under its own labor agreements, install the crossing signal equipment. The RAILROAD will furnish all materials from its store stock or by purchase in accordance with the provisions of section 23 CFR. "qZB~) V The STATE will pay a ~ hfnl}Y 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 by 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 Ifthe 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 ST ATE for any claim, damages of loss, in whole or in part, caused by or due to the failure to maintain the advanced warning signs and markings or other requirements of the Manual on Uniform Control Devices. XVI In addition to the terms herein set forth, the STATE agrees to administer the project with respect to the inspection and acceptance. The STATE's obligation will end upon acceptance of the completed said project and reimbursements to the RAILROAD. XVII This agreement will inure to the benefit of and be binding on the parties hereto, their successors, and assigns. ~ --- .. MS Approval ~J/ ~ 1lif3({)~ SilZl1ature Date STATE OF MONTANA DEPARTMENT OF TRANSPORTATION BY; V.(AM/ Wif~f TITLE: y;;,.fI,(.. I ~ly ~H~//("II--- . , " B --.....:.... ~-....\. ;'" .....,... '- MONTANA RAIL LINK INC. BY:~~ RicH d L. Keller, Chief Engineer / ~ -"".' - ',.~ ATTEST: ~f~~:' -<-QS CITY OF BOZEMAN By:~t.~ TITLE: C:J Nw4]A SHOR z ~ ST z o(jl >- <( 0 u ::;; z ~O u 5 BEALL ~ <( <( =IN 0:: 0:: I- CD PARK iil u '" _ST I :::J ST z MENDENHAL4:. z GRIFFIN ~ ~ ~ ~ - ------- :-- - ;., - ----:-:---:----=-- i'l - ----:-::-:=.1"1 ';./ ;..--<?> ..,:..:::::--~ ....-:..:~ 5 @ " @ ,:: ,C ~~ ~,~ ~ ~,~~C~ ~"C,C ,,0' C,: : 0-11- ~ Gallatin ST' County 1~5 I~- F air Grounds ,,>- t 10 t I 0 I~ :il- 10. C IOJ 0 TAMARACK 10 L w w > > <( <( COTTO WOOD >~:ib~ ..,1 ."1 .,.~ ",I "" "'I;" :::'-(j "'1;" .: '''I ." BR r 90' Exhibit "A" EXHIBIT "B' MONTANA RAIL LINK, ESTIMATE UPGRADE EXISTING SIGNALS WITH CONSTANT WARNING TIME CIRCUITRY L STREET CROSSING IN BOZEMAN, MT 12/8106 DETAILED ESTlMA TE OF COST UNIT ITEM QTY UNIT COST TOTAL LABOR SUPERVISOR,INSPECTION 12 HRS 73.25 $879 SUPERVISOR, CUTOVER 10 HRS 73.25 $733 SECTION GANG INSULATE SWITCH o HRS 189 $0 SIGNAL INSTALLATION TRAVEL TIME 16 HRS 178.75 $2,860 INSTALL UG CABLE 48 HRS 178.75 $8,580 INSTALL LTE ASSEMBLIES 40 HRS 178.75 $7,150 INSTALL BUNGELOW 48 HRS 178.75 $8,580 CLEAN UP 8 HRS 178.75 $1,430 SIGNAL CUTOVER TEST, CUTOVER 10 HRS 210 $2,100 OVERTIME $30,700 10.00% $3,070 SIGNAL CREW PER DIEM 80 UNITS 60.85 $4,868 SIGNAL CREW PER DIEM 5 UNITS 60.85 $304 EQUIPMENT RENTAL SUPERVISOR TRUCK 22 HRS 15.50 $341 BOOM TRUCK 48 HRS 66.75 $3,204 SIGNAL TRUCK 48 HRS 39.25 $1,884 BORING TOOL 48 HRS 5.50 $264 AIR COMPRESSOR 48 HRS 24.75 $1,188 WACKER 24 HRS 5.00 $120 TRAILER 16 HRS 5.50 $88 TRENCHER 20 HRS 45.00 $900 MATERIAL BUNGALOW STICKER o EA 0.00 $0 XING START SIGN o EA 0.00 $0 SWITCH INSULATION o LOT 0.00 $0 MISC. MATERIAL 1 LOT 2100.00 $2,100 DRESS ROCK 1 LOT 800.00 $800 INVENTORY MATERIAL ADDITIVE @ 5% $105 PURCHASED SERVICES POWER SERVICE 1 LOT 0.00 $0 SAFETRAN SYSTEMS (SEE ATTACHED EXHIBIT B1) SAFETRAN CROSSING PACKAGE 1 EA 67944.00 $67,944 SALVAGE SCRAP VALUE OF OLD SIGNALS 1 LOT 0.00 $0 DISPOSAL OF OLD SIGNAL EQUIP 1 LOT 0.00 $0 RR PROTECTIVE INSURANCE o EA 3300.00 $0 ACCOUNTING BILL PROCESSING FEE 2 LS 162.00 $324 TOTAL $119,816 LESS 20% RAILROAD CONTRIBUTION ($23,963) TOTAL COST TO STATE $95.853 HOU RL Y HOU RL Y SECTION CREW WAGE COST 1 FOREMAN 43 $43.00 1 MACHINE OPERATOR - I 40 $40.00 1 MACHINE OPERATOR-II 37.5 $37.50 2 LABORERS 34.25 $68.50 TOTAL $189.00 HOURLY HOU RL Y SIGNAL CREW WAGE COST 1 TECHICIAN 49.75 $49.75 3 SIGNALMAN 43 $129.00 4 TOTAL $178.75 HOURLY HOURLY SIGNAL CUTOVER WAGE COST 2 TECHNICIAN 55.25 $110.50 2 MAINTAINER 49.75 $99.50 4 TOTAL $210.00 Safetran Systems Corporation ITEM PART NUMBER 1 lS0017-T03S77 2 lS0017-T03945 3 099056- TOOl12 4 021624-3 5 8240-80465-00210 6 8000-80271-0001 7 T15537 8 T15969 9 8000-80078-0001 10 8000-80026-0002 11 8000-80297-0002 ITEM PART NUMBER 1 409123- T06750 2 T12730 3 099056- T00379 4 400999- T00293 5 409244- T06526 6 400999- TOO043 7 T1 S287 8 090900-2XT 9 090900-3XT 10 116152-TOO151 11 400999- T08734 12 110999- TOO643 13 62775-1543 14 8V617-F 1 042003-MLED2W 2 250165- T06295 3 035200-17D XD 4 035207-2HX 5 071367-4X 6 8000-80301-0001 7 8000-80281-0001 8 8000-80285-0001 9 074035-X9 CxH/~/--r'1 73/ " Montana Rail Link WALLACE ST. - BOZEMAN. MT HOUSE MATERIAL RECTIFIER, CRAGG 20EC-12V OUTP RECTIFIER, CRAGG 40EC-12V OUTP WIRE,#10 OKONITE, #112-12-9161 BONDSTRAND, INSULATION 3/32" D GCP 4000. 2 TRACK REDUNDANT W/40A SSCC & 5EARii SEAR II, ILOD METER, FLUKE 189 TRUE RMS AC+ CELLULAR. RTU-6/2ANA TERMINATON UNIT. FOR GCP 4000 SURGE PANEL SEAR II. GROUND FAULT SENSOR QTY. 1.00 1.00 100.00 50.00 1.00 2.00 1.00 1.00 1.00 2.00 1.00 GROUND MATERIAL BATTERY,GNB ABSOLYTE,l-S0A13, BATTERY,GNB ABSOL YTE,l-50A19, CABLE, U.G. 2C #6 TW. #113-1 CABLE, U.G. 3C #6 N&W SPEC 5- CABLE, U.G. 7C #6 SOLID COPPER CABLE,U.G.7C #14,#206-11-6887 TAPE, YELLOW CAUTION,1000'ROLL TRACK KIT, CONNECTING 6-6 LONG TRACK KIT, CONNECTING 6-6 SHOR DUCT SEAL 1 5 LB. BAGS COVER, SHUNT, W/LAG SCREWS. 19 TUBE, BURIAL, FOR NARROW BAND SHUNT. NARROW BAND MULTI-FREQU DUMMY LOAD QTY. 7.00 6.00 500.00 150.00 400.00 400.00 2.00 4.00 4.00 2,00 2,00 4.00 4.00 2.00 SIGNAL ASSEMBLIES FLX-4000 & X-ARM 2-WAY KEEPER, GATE ARM (GENERAL SIGN SIGN "RAILROAD CROSSING" , DOU SIGN, 2-TRACKS. HIGH INTENSITY HARDWRE PKG. SIGN 5" MTG SMART BELL SENSOR UNIT, GATE TIP SEAR II SEAR II, SENSOR MINI TRACKSIDE BRACKET. MTSS/5-40 ASSEMBLY Provided by others: 1) Conduit for under roadway. 2) AC Power Pole. 3) Installation. 4) Any track and switch insulation. Notes: 1) Price firm for 60 days from date of quote. 2) Delivery 90-120 days ARO. Page 1 of 1 Date: 8/22/2006 EST. NO. XP-3961 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Material: Eng, Design: Shop Labor: Freight: Total: $56.643.14 $3.680.00 $0.00 $7,621.00 $67.944.14 NON-DISCRIMINATION NOTICE During the performance of this Agreement, Montana Rail Link, Inc. (hereafter in this Section "the Party"), for itself, Its assignees and successors m mterest, agrees as follows: A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL-AID CONTRACTS (I) Compliance with Regulations: The Party shall comply with all Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation, 49 Code of Federal Regulations (CFR), Part 21, as they may be amended (hereafter referred to as the Regulations), which are incorporated by reference and made a part of this Agreement, even if only state funding is here involved. (2) NondiscriminatIOn: The Party, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of sex, race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Party shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Sec. 21.5. (3) Solicitations for Subcontracts. Including Procurement of Materials and Eauipment: In all solicitations, whether by competitive biddmg or negotIation by the Party for work to be performed under a subcontract, including procurement of materials or leases of equipment, any potential subcontractor or supplier shall be notified by the Party of the Party's obligations under this Agreement and the Regulations relative to nondiscrimination, (4) Information and Reports: The Party will provide all reports and information required by the Regulations, or directives issued pursuant thereto, and permit access to its books, records, accounts, other sources of information and its facilities as may be determined by State or the Federal Highway Administration (FHW A) to be pertinent to ascertain compliance with Regulations or directives. Where any information required of the Party is in the exclusive possession of another who fails or refuses to fumish this information, the Party shall so certify to the Department or the FHW A as requested, setting forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: 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 determines appropriate, including, but not limited to, (a) Withholding payments to the Party under the Agreement until the Party complies, 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 (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Party will take such action with respect to any subcontract or procurement as the State or the FHW A may direct to enforce such provisions including sanctions for noncompliance: Provided, however, that in the event the Party is sued or is threatened with litigation by a subcontractor or supplier as a result of such direction, the Party may request the State to enter into the litigation to protect the interests ofthe State, and, in addition, the Party or the State may request the United States to enter into such litigation to protect the interests 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, MCA, the Party agrees that for this Agreement all hiring will be made on the basis of merit and qualifications and that there will be no discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the Agreement, C) COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) (1) The Party will comply with all regulations relative to implementation of the AMERICANS WITH DISABILITIES ACT. (2) The Party will incorporate or communicate the intent of the following statement in all publications, announcements, video recordings, course offerings or other program outputs: "The Party will provide reasonable accommodations for any known disability that may interfere with a person in participating in any service, program or activity offered by the Party. In the case of documents, recordings or verbal presentations, alternative accessible formats will be provided. For further information call the Party." (3) All video recordings produced and created under contract and/or agreement will be closed-captioned, D) COMPLIANCE WITH PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS, 49 CFR PART 26 Each Agreement the Department SIgnS with a Party (and each subcontract the pnme contractor signs with a subcontractor) must include the following assurance: The Party, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Party shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Party to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Revised November 17, 2005 Exhibit "C" A three-lane roadway should be marked with a centerline for two-lane approach operation on the approach to a crossing. On multi-lane roads, the transverse bands should extend across all approach lanes, and individual RXR symbols should be used in each approach lane. Figure 88-2. Typical Placement of "!arnlng Signs !lnd pa,vement Markings at Highway-Rail Grade Crossings , '0 'S 1;- ::l ~ . I See Chapter 2C, Table 2C-4 7.5 m (25 It) -l-- 7.5 m (25 It) 15 m (50 It) ); Pavement Marking Symbol. (see Rgure 8B~)~..__ ,_~_ "" CnD> 3:g -:::a U1?< a Note: In an effort to simplify the figure to show warning sign and pavement placement, J not all required traffic control devices are shown. . When used, a portion of the pavement marking symbol should be directly opposite the Advance Warning Sign (W10-1). If needed, supplemental pavement marking symbol(s) may be placed between the Advance Warning Sign and the crossing, but should be at least 15 meters (50 It) from the stop line. Legend - Direction of travel December 2000 I" Page 2C-7 Table 2C-4. Guidelines for Advance Placement of Warning Signs (English Units) Advance Placement Distance' Posted or Condition C: Deceleration to the listed advisory 85th- Condition A: Condition B: Percentile High judgment Stop speed (mph) for the condition' Speed required' condition' 10 20 30 40 50 20 mph 175 ft NlA' NlA' - - - - 25 mph 250 It NtA' 100 ft NtA' - - - 30 mph 325 ft 100 ft 150 ft 100 ft - - - 35 mph 400ft 150 ft 200ft 175 ft NlA' - - 40 mph 475 ft 225ft 275ft 250 ft 175ft - - 45 mph 550ft 300ft 350ft 300ft 250ft NlA' - 50 mph 625 ft 375ft 425 ft 400ft 325ft 225 ft - 55 mph 700ft 450ft 500ft 475 ft 400ft 300ft NlA' 60 mph 775 ft 550 ft 575ft 550 ft 500 ft 400 ft 300 ft 65 mph 850ft 650 ft 650ft 625 ft 575 ft 500 ft 375ft For more information go to website http://mutcd.fhwa.dot.gov EXHIBIT "D" m,2 ~::la' ~~s: '0 -. CD 0 Figure 88-3. 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