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13- Construction and Maintenance Agreement between City and Montana Rail Link/ Rouse-Oak and Story Mill
CONSTRUCTION AND MAINTENANCE AGREEMENT Rouse-Oak/Story Mill-Bozeman Gallatin County, MONTANA 2nd Subdivision STPP 86-1 (44) 0 R/W [4805-044] Main Line Spurling to Helena STPP 86-1 (41) 1 C/N [4805-041] DOT # 060055B MRL M. P. 140 . 85 STPP 86-1 (51) 1 I/c [4805-051] Parcel #90 AGREEMENT, made this day Of All G/ between the State of Montana, acting through its Department of Transportation, hereinafter referred to as "STATE" , the City of Bozeman, Montana hereafter referred to as "CITY" , and MONTANA RAIL LINK, INC. , hereinafter referred to as "RAILROAD" . WHEREAS, the STATE is proposing to undertake Highway Project STPP 86-1 (44) 0 , which includes reconstruction and maintenance of a highway facility on, along and across RAILROAD right-of-way on the Main Line Spurling to Helena line, located in Gallatin County, Montana, as is more particularly shown on map marked as Exhibit "All attached; and WHEREAS, the parties want this project to be constructed in accordance with plans and specifications to be prepared by the STATE; and WHEREAS, it will be necessary for RAILROAD to perform certain work on its facilities for this project; and WHEREAS, STATE will undertake the construction of said project with STATE funds and with federal funds as are available for this purpose, and the RAILROAD will consent to the construction of said project upon the terms and conditions hereinafter stated and will receive no net benefit. NOW, THEREFORE, in consideration of the premises herein contained, the parties agree: I The RAILROAD, in consideration of the sum of Two Hundred eighty one thousand and three hundred dollars, ($281, 300) will grant to STATE the following: By separate instrument, an easement on its operating right-of-way shown shaded on Exhibit "A, " for the construction, maintenance and operation of a highway facility. Any future easements or permits issued by the grantor to a utility or non-utility shall be subject to the provisions of Sections 18 . 7 . 201 through 18 . 7 . 241, Administrative Rules of Montana, to the extent applicable. This instrument gives a license to the STATE for the benefit and use of the CITY for those areas shown cross-hatched on EXHIBIT "All for the purpose of constructing and maintaining the storm drain outfall system along and adjacent to the railroad property. The RAILROAD hereby gives the STATE the right to enter and construct said roadway within the proposed easement areas, as shown on Exhibit "A, " prior to the issuance of the above stated separate instrument . II The STATE has provided the RAILROAD preliminary project plans and will submit final plans and specifications for concurrence and/or approval at a later date. The STATE will construct or cause to construct the highway facility and thereafter own and maintain the proposed facility. The CITY will own and maintain the storm drain outfall system. The STATE will provide the RAILROAD with as-built plans provided, there are RAILROAD approved changes to the original design. The STATE ' s engineer will present the attached Exhibit licit , contractor requirements for work on the right-of-way of the RAILROAD, to its contractor. The STATE' 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 STATE' 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. Nothing provided in this agreement will be construed or deemed to be a ratification or an adoption by the RAILROAD of either or both said plans and specifications as its own. 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 STATE and the RAILROAD will mutually agree, in writing, as to the area of need and the RAILROAD' s selection of a consultant or contractor. All work performed and cost incurred under this agreement will be in accordance with 23 CFR, and 48 Code of Federal Regulations, including but not limited to Chapter 1, Part 31, hereinafter referred to as 1148 CFRII which is hereby incorporated into and made part of this agreement by reference. 2 III The STATE will reimburse the RAILROAD for the work it performs pursuant to this agreement in accordance with and subject to the terms and provisions of 23 Code of Federal Regulations, including but not limited to Parts 1, 140 (subpart 1) , 172, 646, hereafter referred to as 1123 CFR11 which is hereby incorporated into and made part of this agreement by reference. Payment will be made to the RAILROAD within 60 days after receipt of a properly completed invoice addressed to the STATE. The RAILROAD may assign any receivables due under this Agreement, provided, however, such assignment will not relieve the assignor of any of its rights or obligations under this agreement. The estimated cost of work, except flagging, to be performed under this agreement by the RAILROAD ' s forces at the expense of the STATE is shown on detailed estimate attached as Exhibit "B" and made a part of this agreement . Force account work is to be billed separately under force account. The RAILROAD has reviewed and inspected the materials in the field prior to signing this agreement. The salvage value of the materials, if any, to be retained by the RAILROAD is shown on the attached Exhibit 11B. 11 The RAILROAD will dispose of all scrap from the railroad' s work covered in this agreement at STATE expense . IV The STATE and the RAILROAD will perform various items of work as follows : PART A WORK TO BE PERFORMED BY THE STATE OF MONTANA OR ITS CONTRACTOR AT STATE EXPENSE: 1 . Except as otherwise herein provided, furnish all plans, engineering, supervision, labor, material, 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 plans and specifications . 3 . Any work or modification which, under this contract, may be performed by the contractor will nevertheless be the obligation of the STATE, and the RAILROAD will be entitled to look to the STATE for full performance thereof . 3 4 . All traffic control, detours and asphalt necessary for the RAILROAD to complete their work will be provided by the STATE. 5 . The STATE' s Contractor will provide one (1) set of shoring plans for any excavation within RAILROAD right-of-way or for false work adjacent to or over the track. These plans will he submitted to the RAILROAD through the STATE' s engineer. The STATE will review the plans and provide any pertinent comments which will be forwarded to the RAILROAD for their approval . 6 . Replace any existing railroad fencing that is displaced because of construction activities and/or new easement limits . Maintain existing railroad fencing closures at all times . Replacement fencing should be a barbed F4 type of fencing at a minimum and the post type (wood or metal) should match the existing. If a better fencing type is in place such as a barbed/woven wire combination, chain link, etc then the replacement fence should match the existing railroad fence . 7 . Stake the centerline location and the outside edges of the sidewalk of the proposed highway where it crosses the railroad tracks so the RAILROAD can install the concrete crossing surface in the correct location. 8 . Construct the proposed highway as detailed in the construction plans and coordinate with the Railroad' s representative in constructing the proposed highway up to the concrete crossing surface. 9 . The STATE' s contractor will construct the storm drainage outfall system as depicted in the project detail in the plans . The Storm drain will outfall into an existing historical drainage ditch located on the RAILROAD' s right-of-way. PART B WORK TO BE PERFORMED BY THE RAILROAD AT THE STATE ' S EXPENSE: 1 . Preliminary Engineering for this project. The STATE will pay $2358 . 00 as a Lump Sum Payment for preliminary engineering. Preliminary engineering includes all costs for developing this agreement. 2 . Railroad Flagging. Provide flagging protection during construction as deemed necessary by the RAILROAD . 4 3 Purchase and install two (2) new One Hundred five feet and five-eighth inch (1051 5/8" ) concrete railroad crossing surfaces on the proposed road that crosses at DOT #060055B at MRL MP 140 . 85 . The total crossing surface for both crossings is Two Hundred Eleven feet and one-quarter inch (21111/4" ) , The STATE or the STATE' s Contractor, prior to installation of the crossing surface, will stake the exact centerline location and the outside edges of the sidewalk of the proposed highway as described in Section TV, Part A, (#7) . The crossing surface will be installed in accordance with the recommended installation for standard road crossings at grade as shown on Exhibit "Ell . 4 . Supply and install construction fabric if required, over ballast material prior to the placement of roadway surfacing material over the railroad ballast. 5 . Railroad will adjust signal bases according to detail drawing as attached Exhibit "E-1" . Any modifications to the construction plan detail will need to be discussed with MDT. PART B2 WORK TO BE PERFORMED BY THE RAILROAD AT THE RAILROAD' S EXPENSE: 1 . RAILROAD will maintain the signals, crossbuck signs, and the crossing surface from the end of tie to the other end of railroad tie at RAILROAD' S expense per ARM 18 . 6 . 311 (4) . PART C SEQUENCE OF OPERATION: The STATE will invite the RAILROAD to the preconstruction conference. V All work to be done by the STATE 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 STATE will require its contractor to take precautions to avoid damage to or interfere with the RAILROAD' s track or trains and to notify the RAILROAD, as per Exhibit 11C, " whenever the contractor is about to perform work on, or adjacent to its track 5 to enable the RAILROAD 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 STATE 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. VI The RAILROAD will endeavor to submit on a monthly basis progress bills for flagging and other protective services and devices during the progress of the work contemplated by this agreement. The progress bills will contain the date 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 STATE. The attached Exhibit 11C, 11 which is made a part hereof, is a statement of conditions when flagmen, protective services and devices will be furnished by the RAILROAD. Railroad flagging is to be billed under a separate railroad flagging account. 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. The STATE will reimburse the RAILROAD for the actual cost and expense 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 STATE. Records are to be available to the State, including the legislative auditor and fiscal analyst, the Federal Highway Administration or their authorized representatives for audit during the contract period and for a period of three (3) years from the date of final payment. VII All contracts between the STATE and/or CITY and its contractor for construction and/or work within the RAILROAD ' s right-of-way, shall include language that specifies the contractor is responsible to RAILROAD, including its affiliated RAILROAD companies, and its tenants for all damages, which includes loss of net revenue and attorney' s fees for any unscheduled delay to freight or passenger trains that is caused by the contractor' s negligence, failure to comply with its requirements under this 6 agreement, failure to properly coordinate its work with the RAILROAD or any cause not attributable to the RAILROAD, but arising from the contractors activities that affect RAILROAD' s ability to meet its customer service obligations . Contractor will be billed for all economic losses including but not limited to loss of revenue, attorney' s fees, and contractual penalties resulting from train delays, caused by the contractor, or its subcontractors performing work under the project identified herein. RAILROAD agrees that it will not perform any act which would unnecessarily cause train delay. Contractor is not responsible for any train delay resulting from a general slow order issued by the RAILROAD through this project which is unrelated to the project . Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Depending on the length of the disruption caused by the contractor, or its subcontractors performing work under the project identified herein, the cost for damages billed to the Contractor can approach $14 , 000 per hour (in 2010 dollars) . The STATE' s Contractor and subcontractors shall plan, schedule, coordinate and conduct all Contractor' s work so as to not cause any delays to any trains. VIII All contracts between the STATE and/or CITY and its contractor, for the construction provided for, or maintenance work on the highway facility within the RAILROAD ' s 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 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: # 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 : 7 N 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 programs 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. 4 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 property. No other endorsements limiting coverage as respects obligations under this 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: 4 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. + 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 Railroad Protective Policy. Other Requirements : 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, shall include wording which states that the policy is 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 all applicable policies described herein. All policy (ies) required above (excluding Workers Compensation and if applicable, Railroad Protective) shall include a Separation of Insureds endorsement and RAILROAD shall be named as an additional insured with respect to work performed under this agreement. Separation of Insureds 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 provide . 9 Contractor represents that this Agreement has been thoroughly reviewed by Contractor' s insurance agents) /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 referenced above. Not more frequently than once 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. Failure to provide evidence as required by this section shall entitle, but not require, RAILROAD to terminate this Agreement immediately. 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) is 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 and/or maintenance work will be forwarded to the RAILROAD at the following address : MONTANA RAIL LINK INC. Office of the Chief Engineer P.O. Box 16390 Missoula, MT 59808-6390 (406) 523-1403 office (406) 5231529 Fax If the STATE, 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 STATE in the event its contractor or the insurance carriers fail to repair or restore the same. 10 Ix Upon completion of the work herein stated, the STATE will require its contractor to leave the RAILROAD right-cf-way in a condition satisfactory to the RAILROAD. X The STATE agrees that in removing snow from said highway facility, that the STATE 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 STATE will be removed by the RAILROAD with such costs of removal billed against the STATE. The RAILROAD agrees to notify the STATE of any ongoing problem in this area. X1 The STATE will own and maintain any pipes installed under paragraph TV part A, if any except the CITY will own and maintain any pipes associated with the storm drain outfall system. The STATE/CITY will adjust or maintain the pipes as per written request of the RAILROAD within 20 days of notification. The RAILROAD can charge the STATE/CITY actual cost for work performed should the STATE/CITY not respond to the written request . The STATE/CITY will notify the RAILROAD whenever maintenance crews will be working on or around these pipes and will have men or equipment within 25 feet of the track. The RAILROAD may require railroad flagging. XII Upon completion of this project, the STATE will own and maintain the highway facility and all appurtenances thereto. The CITY will own and maintain the storm drain outfall system. The STATE will be responsible for all future maintenance, repair, improvement, modification or replacement, as needed, to the highway facility based upon prevailing warrants, federal aid guidelines and conditions . The STATE and/or CITY agree that it will do nothing and permit nothing to be done in the maintenance of the highway facility which will interfere with or endanger facilities of the RAILROAD. The RAILROAD may make changes in or additions to its facilities within the limits of the highway facility; provided, however, that the usefulness thereof, and the purpose of said highway facility will not thereby be impaired. 11 XIII Neither party will do nor permit anything to be done to reduce the horizontal and vertical clearances provided by the approved plans; provided, however, that the RAILROAD reserves the right to make such ballast raises as, in its opinion, may be justified. XIV In the event said highway facility shall, at any time, cease to be used by the public or otherwise become vacated or abandoned, the rights and benefits of the STATE under this agreement shall immediately cease, and the STATE shall remove said highway facility at its own cost and expense . To facilitate the STATE' s removal of the highway facility, the RAILROAD will issue to the STATE, at no cost or expense, a permit to accomplish said removal . If after a reasonable time the STATE has not removed the facility, the RAILROAD, after providing the STATE a minimum of 60 days prior notification, may remove said facility at the expense of the STATE. XV 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 STATE: Butte District Administrator 3751 Wynne P. 0. Box 3068 Butte, MT 59702-3068 Telephone (406) 4949600 FAX (406) 494-4396 If to RAILROAD: MONTANA RAIL LINK INC. Office of the Chief Engineer P.O. Box 16390 Missoula, MT 59808-6390 Telephone (406) 523-1403 FAX (406) 523-1529 If to CITY: CITY OF BOZEMAN Craig Woolard, Public Services Director 20 East Olive P.O. Box 1.230 Bozeman, MT 59771 Telephone (406) 582-2315 12 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 . XVI This agreement will be binding on the parties hereto, their successors and assigns . MONTANA RAIL LINK, INC. By: Its: ' A CITY OF BOZEMAN By: 7 Its : STATE OF MONTANA Ok" i 0. DEPARTMENT OF TRANSPORTATION By:........... Phillip Inman Supervisor-Utility Section 13 MONTANA DEPARTMENT OF TRANSPORTATION r � L f — E , ti Oaa RIGHT OF WAY PLAN RUSE VE BDZEMAN it 1 FEDERAL AID PROJECT STPP 66-1(44)0 ROUSE AVE - BOZEMAN THIS PROJECT GAI.IATIN COUNTY PLAN LEGEND LENGTH 2.0 MILES oHOSEO RIGNTG FY✓gYLINE ----- .AtRARIGHTOFW LIN - RAILROF,D RIGHT OF WAY LINE PIC TorwaYBASELINR DOT#060055B DEC,—LINE ----__.— MRL M.P.140.85 GRio STATE PLANE 000H!:)INATe:S OWNERS.'aIPBCL'NOARY T:-IS 15 A STATE PLANE COORDINATE PROJECT. A —„F-...... .......... FULLACCEES CGNIROI. ,�— 'RE NS'..ONS. 0157 AVCts AND AREaS ON THIS PROC ECT V,ITED ACCESS CONTROL ®-2.�s.� ARE GRID, EI(CEPT rCR TI,E EXISTING—11D-H EXISTING FLILLACCESRGCNTRG'' u Di HEECONBIry ATION SCALECFACTOR IS -IT NG LMT.ACCESS CONTROL 0..999]D<< PRESENTTR-11ED WAY(P.—) Y RENCE-WE I O 5EE a � = E ARORAI Np D cos N] ry BEE eRn3a PR 6E°OUARD L uxr M10 C_ ,= PEAK NS Pl ARO,,SE` V AVE iranspoo ®1 / I I,STRWSE C r CATTL[GUARO'.EX .-pHOpG. u ► C ` / _111 p °RN R /6ECTION COR ER a � L { CORNER �_ C000086 &6 CEA C ERCORN N H, 86 �� T AVE enrER OON�oe�N Creek m "ID— ERPGUND Jjr ALIACE _ �:.i _ RGHT OF_VAPPUMENT raw♦ <u TO {� 6q.4DV ��- l - x w 1 ER 0 E r Z w roA AvE � tir T PIACE �. J 2 w I ' EQ ` �, 4.� TEL GRAPH LG IN PLACE ° ASSOC EDP M VS F c tZ V`K PROP E CULVERT Vc - .—CT DITC.vERr H .— L 3t _ EXIRTING L CNAN6ES : - -'- --- rN RPDABLOCK O 5� m N T a, � NLL RD a R an se m0 s PAI R A a 3 oT Me PHR O AFPROA..H:EX '°HOREp 0 m ,n a �Q M THIS CONTRACT �wT.PPPmAL RP C.O TO RP 0 oeqw ee N.uc mE�rnnccr A=o PARCEL 90; SHEET 1 OF 3 STATE RIGHT OF NANTPNA R/W 10. rxPx rF_olM.xsiorvaE e>xs*rzu,.erex PEnNr- RONSE AVE-KHMAN _v I + 11 � 19'x5 D C E E 5 F tHE WEST y \ i 0 NORt 4 LRNEP OF SEC ERAEE CAP] ji j r ✓nwaNp°A 4A °N I I E CIFSW� .SLR )� SE NW' END SEC. 6 ~<° w r Ai No 91e cnrc — � p O s /�.-." m ryl no �riEMry �. '•:. COT :i E Dc O a O ix ti I ary N x I , rl _. 90 e ED MEN •Rnc R m I �� PLA No 39 k 1 RAC 2A 1 92 I 83 4 N a 1 j 1 0 ° I E -ex. EASE. . EASL I _� � c.+ __H _ _ _ __ _-._ "'✓Ek ASE EX EASE_ A 1 2' 00 TI,/3 0 ASE. 2' 28 E N RCUSC 4VE ..�{ D -ER DNSr P_RM A .- APGP o 14 6-r T 9c ''tt-ry jT jTut _ SW4 NE' TNA �� ll� aa-{-.� �SF C 6 m� TRACT a � LLNOrvE.xr e N nT On u w, m e � � z° 1`I-4 2 3 09 T C ST ,W OUA E COED Or SECt CN o. ALLM CA' °,. nT[RCin'-3:.z _ASE. `P ` FILM.1 'y T A _. 1. PACE 924 7.. ... =I_1 v-r1y.L�1-.,I� .._— . -L 57A ~5+5 35 END STPP 86-1(30)0, (ENGLISH) _ •1'S" EsrarE ~+ STA. 55+35.35 DEG. STPP 86-1(41 I', IENGL ISH! EX H®®6 ii��� .n...�....R__,e_,z-..... xA rx°M rxc xR.AIF o°°:."aEA;"Rx °`° 'x`°" "` PARCEL 90; SHEET 2 OF 3 rtwSa_3iaeceu�Nr E`sE,�xMaNr^xA. GR'D STATE PLANE COORDINATES L E G °- uON—A OFPARTMENT OF—SPORTATIOT Co6- NC 43 AND ME DED C S JC 2643A 6 s STATE°AVSUPL,.Mn r1 LIT APPROVAL A NE co Rp.. TE PRD ILL - RIGHT OF WAY EXHIBIT xcLUOE NouxO x, e v TN _ 5 :.S ury :5 ELT [RS[M=.xr __. •L:cvsE A.LATIN COUNTY cu ORIO E EP 0 THESTING R/W Al' _E 9 u A"'OFP^xru[ x^ ° E S u! C 0 - R Ov rxevsPomAro' x ^L nes THE COMP NAT D.v S..ALE FAC OR 5 0.99959024 co -css c°vTPa. c°xst RUCT Ox PEnxii�� o 50 oa r5o' E GXT OR WAY Ell N. -- STPP 86-145410 NELSW4 x4 - - _ PROIECT NO. SEC. 6 Tv..v x1 olxTxllw",�«,u-au`-TIO SEL N'N' ROUSE AVE aD�MAN n SEE,SHEET 17 SEC. IS _I a wE D o � c2°Qa� Ex_ fl ITT O 02 (\� �i[' 90 Ell" , 1 85 �7I 83 c' 1 I . w \ I II o I _16. •.• IA 7E w Ex. EA E. o _ y. • --Ex. FnSE; Y Z'Oi' 25 E h. R',UI AVE A C. N 2' DO 5'r •`•"'f' N 2'01' 3l"E __.._ ___ _ O 5 �_� •.YSfi—PC M POT 5 I - -B6 CO ' A ei 91 xF Ox " _ CR EflN r X' '• � 0. POT D cx r II nTT11 DEy� +. r¢�' �I c , ON iwfH � 5. C l]-O BOZ ♦ '^ nlb P u -1 5 F. Ttl Lt C _ cQ 2 4NE4 8 T •' "a T-1 -I-f. j A SEC. 6 p TRAC e -•1�7t -1-1-1-✓-�-1 TRACT 4 NNE%A i NOFTIT- p _ A I'll t � 1 I t ct rlw 11. P.CE 9z4 x_ Rev, 59 26 20 5 HE 2.6" RO1 i 10 ER CORNE 0 SEC ION 6 �S TA. 51 .35 uD STPP 86 1_(30)0, (ENGLISH; = !I / dl' arp rr vA�Ja{TT....�5'r35.35 BEG. STPP 86-1(411'„ (ENGLISH) iC i /i Lv1seR.s e�z s P"a. x PT"11O r50x 1x1",'". 1 ""..°5".°""° '�'�"`r"'"`T, PARCEL 90 SHEET 3 OF 3 TH, "AN1"xR 1% NaN_fl c>axiucxT 11 TFaxsP H L1 a.VIRI'lA. _ L E G E N D �4t "nhn uFrAII A.ENT OF TRAHSPORTAT101. ,.x:.o. FOa E%STNC Riw RE'_EUENT. sEE GRID STA E PLANE COORDAA]ES - O5. ICII ANC A'NEED COs. N0. 2O431 �aoaOa NOT. Ns IS sT .E rLANE co RDLECr A/L _. — ar"P RIGIIT OF WAY EXHIRiT ucluOF "1:NC yJy I.Tx[PIT>11C1 Rrw" , D IAENS C ,E5 RES SNONx/µS PROJECT R n " � GAL LATIN COUNTY c ARE OR D E CE f R TIE EX w DTH 5 a unxtu"n[naxrv[ mm�cx 5 - T HAENE c E scAL�—® S0 1 or irtwsroFi4ip i A" /,xs rRE C. IAT EN SCAM=FA-i0R IS 0.999430'!4 -'- — cov, c Tu p[nu ��J� EXHIBIT B MONTANA RAIL LINK,INC. INSTALL TWO CONCRETE CROSSING SURFACES EACH 105.625 FT LONG ON ROUSE AVE IN BOZEMAN,MT ON DOT#060 055 B AND AJUST XING SIGNALS TO ACCOMMODATE STATE OF MONTANA PROJECT STPP 86-1(41)1 {4805-041} 6/2/2013 DETAILED ESTIMATE OF COST Total Cost '$241,150 UNIT ITEM QTY UNIT COST TOTAL SLIPVERVISOR TIME ROADMASTER 8 FIRS 79.5 $636 SIGNAL SUPEVISOR 8 FIRS 84.25 $714 LABOR SECTION GANG DUMP BALLAST 6 HRS 234.75 $1,409 DISTRIBUTE MATERIAL 12 HRS 234.75 $2,817 0 FIRS 234.75 $0 0 HRS 234.75 $0 0 HRS 234.75 $0 PRODUCTION GANG CONSTRUCT PANELS 36 HRS 418.75 $15,075 REMOVE OLD XING AND TRACK 24 HRS 418.75 $10,050 PLACE PANELS 24 HRS 418.75 $10,050 PLACE CONC,XING 16 HRS 418,75 $6,700 CRANE OPERATOR LOCOMOTIVE CRANE 8 HRS 50.75 $406 SURFACING SURFACE TURNOUTS 0 HRS 145.75 $0 SURFACE TRACK 6 HRS 145.75 $875 WELDERS WELDING 16 HRS $95 51,524 SIGNAL CREW ADJUST UNDERGROUND CABLE 32 HRS 299.5 $9,584 MOVE SIGNAL MASTS 24 HRS 299.5 $7,188 CLEANUP-CUTOVER 10 HRS 299.5 $2,995 MOBILIZE 8 HRS 299.5 $2,396 B&B CREW 0 HRS 193.25 $0 OVERTIME AND MILEAGE $71,068 10.00% $7,107 PRODUCTION PER DIEM 113 UNITS 78 $8,775 SURF.GANG PER DIEM 2 UNITS 78 $176 WELD GANG PER DIEM 6 UNITS 78 $468 SIGNAL GANG PER DIEM 56 UNITS 95 $5,273 CRANE OPERATOR PER DIEM 1 UNITS 78 $78 B&B PER DIEM 0 UNITS 78 $0 EQUIPMENT RENTAL HY-RAIL PICKUP 16 HRS 32.25 $516 BOOM TRUCK-SECTION 54 HRS 98.50 $5,319 PETTIBONE 100 HRS 116.60 $11,650 HY-RAIL PICKUP 100 HRS 32.25 $3,225 CREW CAB PICKUP 10 HRS 22.50 $225 B&B TRUCK 0 HRS 98.50 $0 TAMPER 6 FIRS 518.50 $3,111 REGULATOR 6 HRS 227.25 $1,364 LOCOMOTIVE CRANE 8 HRS 217.75 $1,742 WELDER'S TRUCK 16 HRS 98.50 $1,576 BOOM TRUCK -SIGNAL 74 HRS 98.50 $7,289 BOOM TRUCK-B&B 0 HRS 98.50 $0 SP'IKER 0 HRS 331.50 $0 FRONTEND LOADER 0 HRS 122.75 $0 SIGNAL HY RAIL 74 HRS 32.25 $2,387 MATERIAL #11 SWITCH TIES 0 SET 5239.00 $0 #9 SWITCH TIES 0 SET 4496,00 $0 #11 TURNOUT-SH 0 EA 0.00 $0 #9 TURNOUT 0 EA 61000,00 $0 RAIL-136#CWR 312 LF 12.50 $3,900 RAIL-115#CWR 312 LF 10.50 $3,276 ANGLE BARS 4 PR 6.00 $24 Page 1©f 2 ITEM QTY UNIT COST TOTAL CROSS TIES 200 EA 51.00 $10,200 FIELD WELDS(Ex T.O.$) 4 EA 87.00 $348 ANCHORS 800 EA 1.68 $1,344 BOLTS AND WASHERS 32 EA 2.10 $67 TIE PLATES 400 EA 9,00 $3,600 SPIKES 7 KG 109,00 $763 INVENTORY MATERIAL ADDITIVE @ 5% $1,176 BALLAST 270 NIT 16.50 $4,455 CONCRETE CROSSING SURFACES 211.25 TF 185.00 $39,081 CONCRETE XING END RAMPS I SET 500.00 $500 FREIGHT ON CROSSING SURFACE 1 Ls 12500,00 $12,500 UNDERGROUND CABLE 1 LS 12400.00 $12,400 DRESS ROCK I LS 310100 $3,100 MISC.CHARGES CONTRACTOR W/EXCAVATORS(2) 24 HRS 350.00 58,400 TIE DISPOSAL 200 EA 4.50 $900 BORING CONTRACTOR 1 LS 6200.00 $6,200 CREDIT FOR SCRAP RAIL 624 LF -5.60 ($3,494) OTM(PLTS,ANCHORS,ETC) 1 LS -750.00 ($750) ACCOUNTING FEE 2 EA 231.75 $464 TOTAL COST $241,150 SECTION GREW 1 FOREMAN 50.75 $50.75 1 TRUCK DRIVER 47.5 $47.50 1 MACHINE OPERATOR 47.5 $47.50 2 LABORERS 44.5 $89,00 5 TOTAL $234.75 CRANE OPERATOR 1 OPERATOR 50.75 $50,75 TOTAL $50.75 PRODUCTION CREW 1FOREMAN 5015 $50.75 2 MACHINE OPERATOR 1 47.5 $95.00 2 MACHINE OPERATOR 2 47.5 $95.00 4 LABORERS 44.5 $178.00 0 SPECIAL B 50.75 $0.00 9 TOTAL $418.75 HOURLY HOURLY SURFACING CREW WAGE COST IFOREMAIN 50,75 $50.75 2 MACHINE OPERATORS 47.5 $95,00 3 TOTAL $145.75 HOURLY HOURLY SIGNAL CREW WAGE COST 2 FOREMAN 54.75 $109,50 4 LABORERS 47.5 $190.00 6 TOTAL $299.50 HOURLY HOURLY WELDING CREW WAGE COST IFOREMAN 50.75 $50.75 1 WELDER-CLASS B 44.5 $44,50 1 WELDER-CLASS C 41.75 $41.75 3 TOTAL 595,25 HOURLY HOURLY B&B CREW WAGE COST IFOREMAN 50.75 $50.75 3 CARPENTERS 47.5 $142.50 2 LABORERS 44,5 $89.00 6 TOTAL $193,25 Page 2 of 2 EXHIBIT "C„ CONTRACTOR REQUIREMENTS 1.01 General 1.01.01 The Contractor shall cooperate with MONTANA RAIL LINK INC., hereinafter referred to as ""Railway", where work. is over or under, on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the construction of STATE Project: STPP 86-1 41 0 Rouse-Oak/Story Mill- Bozeman 1.01.02 The Contractor shall plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. 1.01.03 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor"s activities create a hazard to Railway's Property,employees, and/or operations, 1.01.04 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 and save Railway harmless from all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. 1.01.05 The Contractor shall notify Jeffrey M. Ebert, STATE's district Administrator at phone(406)494-9600 and Office of the Chief Engineer, Montana Rail Link Inc. P.O. Box 16390 Missoula MT 59808-6390• phone 406 523-1403 fax 523-1529 at least thirty(30) business days before commencing any work on Railway Property. 1.01.06 For any 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%z horizontal to I vertical slope beginning at eleven (11) feet from center line of the nearest track, both measured perpendicular to center line of track, the Contractor shall furnish the State and the State will furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawings shall include the proposed method of installation and removal of false work, shoring or cribbing not included in the contract plans and two sets of structural calculations of any false work, shoring or cribbing. All calculations shall take into consideration railroad surcharge loading and shall be designed to meet American Railway Engineering and Maintenance-of-Way Association(previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations shall be stamped by a registered professional engineer licensed to practice in the state the project is located. The Railway will notify the State of approval to have the contractor to begin all work and that the Railway has approved all plans. The Contractor shall be required to use lifting devices, such as cranes and/or winches, to place or to remove any false work over Railway's tracks. In no case shall the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. 1.01.07 Subject to the movement of Railway's trains, Railway 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 or for extra or additional compensation in the event his work is delayed by the Railway. 1.02 Agreement 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees shall enter Railway Property without first having completed Railway's Contractor Safety Orientation, found on the web site www.contractoi,orientation.com. The Contractor shall ensure that each of its employees, subcontractors, agents or invitees have received Railway's Contractor Safety Orientation through internet sessions conducted by the or through the Contractor before any work is performed on the Project. The Contractor shall ensure that each of its employees, subcontractors, agents or invitees have verification that they have completed the Safety Orientation and that every employee of the Contractor, its subcontractors, agents or invitees have a card, in his or her possession,that is properly signed and dated certifying that they have received the Safety Orientation before entering Railway Property. The Contractor is responsible to pay the cost of the Safety Orientation. It is required that the Safety Orientation be renewed annually. Further clarification can be found on the web site or from the Railway's Representative. -1- 1JB Railway Requirements 1.03.01 The Contractor shall take protective measures as are uoucmaary 10 keep Railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to Railway facilities resulting from Contractor's operations will hc repaired ooreplaced by Railway and the cost ufsuch repairs nr replacement shall he paid for bythe Contractor. The Contractor shall notify Railway's Office m[the Chief Engineer, Montana Rail Link Inc,, P.O. Box 16390, K1imuoio, MT 59808-6390; Phone (406) 523-1403, Fax (406) 523-1529 within five (5) business days after completion vF project work no the railroad's rigbt-ot-vruy to arrange a site inspection, um deemed necessary by the railroad. 1.03.02 The Contractor shall notify the Railway's (406) 523-1529 in Missoula and provide blasting plans Luthe Railway for review seven(7)calendar days prior in conducting any blasting operations adjacent/oo/mo Railway's Property. 1'03'03 The Contractor shall abide by the following clearances during construction: 25'-0" Horizontally from center line of nearest track. 22'-6" Vertically above top of rail(Temporary False work Clearance may he reduced to2l''6" Subject to Railway and Public Utilities Commission approval) 27-Q" Vertically above top of rail for electric n/inco carrying less than 75U w/|$ 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 l5,U0Avmltmm20`DOQvvltm 34'-0° Vertically above top of rail for electric wires carrying more than 20,000 volts 1.03.04 Any infringement within State statutory clearances due to,the Contractor's operations shall be submitted to the Montana Department of Transportation and to ffie Railway and shall not be undertaken until approved in writing by the Railway, and until the Montana Department of Transportation has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's 1.03'05 In the uouc of impaired vertical x)^mruoue above toy of rail, Ru|*vuy shall have the option of installing tell-tales or other protective devices Railway deems necessary for p/mcczium of Railway operations. The cost of tell-tales or protective devices shall beborne by the State. 1'03^06 The dotc6}o of construction affecting the Railway's Property and tracks not included in the contract plans shall he submitted%othe Railway by the Montana Degartment of Transportation for approval before *orb is undertaken and this work shall not he undertaken until approved bythe Railway. 1.03,07 At other than public road cnoyuiogo` the Contractor abaD not move any equipment or materials umnuo Railway's tracks until permission has been obtained from the Railway. The Contractor shall obtain "Temporary Private Crossing Agreement" from the Railway prior to moving his equipment or materials nonoum the Railway's tracks. The temporary crossing obn6l be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor shall bemthe expense of the Contractor. 1^03.00 Discharge, release or spill on the Railway Property of any hazardous substances in excess of a reportable quantity or any hazardous waste is prohibited and Contractor o6uJl imoecGouoh/ notify the Klui)*vay'w Resource Operations Center at 1(800) 832-5452, of any discharge, n:icumc or spills. Contractor xbul| not allow Railway Property to become otreatment or storage facility as dimue terms are defined in the Resource Conservation and Recovery Act or any state analogue. 1-03.09 The Contractor, upon completion of the work covered by this contract, u6ul| promptly remove from the Railway's Property all ofCoo1ructofo 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 Railway's Property to be left in a condition acceptable to the Railway's representative. -2- 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan 1.04.01 Each Contractor that will perform work within 25 feet of the centerline Of 3 track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the orientation. This Program must provide Roadway Worker protection/on track training for all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally, each Contractor shall develop and implement the Safety Action Plan, as provided for on the web site www.contractororientation,com, which shall be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor shall audit it's compliance with the Safety Action Plain. The Contractor shall designate an on-site Project Supervisor who shall serve as the contact person for the Railway and who shall maintain a copy of the Safety Action Plan and subsequent audits at the job site for inspection and review by the Railway at any time during the course of the project. Below is a partial list of what should be contained in the Safety Action Plan, a complete list can be found on the web site. (NOTE— Should there be a discrepancy between the information contained on the web site and the list below,the web site shall govern.); Contractors Employee Safety All employees working on Railway property have completed Railway's annual Safety Orientation Program through the internet(See 1.02.01) Job Briefings(Secl.06.01 & 1,06.02) Personal Protective Equipment(See 1.06.08) Protection of Railway Facilities and Railway Flagger Services(See 1.03.05& 1.05) All employees working on Railway property, who will be working within 25 feet from centerline of track, have completed annual Roadway Worker Protection/On Track Safety Training(Sees. 1.04,01 and 1.06.03) Work After Hours(See 1.06.04) Contractor Employee Training Personal Injury Reporting(See 1,09) Accident Investigation and Analysis High Risk Work Areas/Situations Notification of Damage to Railway property or hazards that could effect the safe operation of trains (See 1.06.06) Shoring/Shoring affecting the integrity of tracks(See 1.0 1.06) Clearances affecting the integrity of train operations(See 1.03,03) Moving Equipment and Materials across Railway's tracks(See 1.03.07) Security of Machines,Equipment and Vehicles(See 1.06.10) Power line Safety(See 1.06.12) Excavation Safety(See 1.07) High Risk Employees Alcohol and Drug Use(See 1.06.05) Firearms or Deadly Weapons(See 1.06.07) Property Damage,Housekeeping and Clean-up(See 1.03.01 & 1,03.09) Storage of Materials(See 1.06.09) Facility Auditing Compliance with Laws(See 1.0 1.04) Hazardous Substances and Materials Discharges, Releases and Spills(See 1.03.08) Hazardous Materials encountered in excavations(See 1.08) 1.05 Protection of Railway Facilities and Railway Flagger Services: 1.05.01 The Contractor shall give a minimum of at least thirty (30) business days notice to Buck Tripp, the Railways Roadmaster in Helena, MT, at telephone (406) 447-2353 or cell (406) 459-4400 in advance of when flagging services will be required to bulletin the flaggers position and shall provide five (5)business days notice to the Roadmaster to abolish the position per union requirements. -3- 1.05.02 Railway Flagger and protective services and devices will be required and furnished when Contractor's work activities are located over or under of and within twenty-five(25) feet measured horizontally from center line of the nearest track 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: 1.05.02a When in the opinion of the Railway's representative, it is necessary to safeguard Railway's Property,employees,trains, engines and facilities. 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative,track or other Railway facilities may be subject to movement or settlement. 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons,material,equipment or blasting in the vicinity. 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment,which might result in making the track impassable. 1.05.02f The sole and exclusive function of railroad flagging personnel is to protect the operations of the railroad from interference by, and adverse effects from,the contractor's activities on railroad right of way. Performance of this function will include providing the contractor with advance notice of approach of railroad owned and/or operated "ontrack" equipment. Railroad flagging personnel do not have the authority to modify or change the contract plan or specifications. Questions or requests for modifications, changes, or interpretations of the contract ptans and/or specifications, which require railroad approval,shall be directed to the railroad's Office of the Chief Engineer. 1.05.03 Flagging services will be performed by qualified Railway Flagger. The base cost per hour for(1)Flagger is $40.00 which includes vacation allowance, paid holidays, Railway 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 overtime, rest days and holidays. In addition, there will be a charge for vehicle rental, or mileage, from headquarters to,nob site and return which is estimated at $30.00 per hour. This rate is for the classification of Sectionman and is shown solely for the prospective bidder's information, and there is no guarantee that this class of labor will actually be used or that the rates of pay will be those in effect at the time the work is undertaken. These rates are subject to any increases which may result from Railway Employees-Railway Management negotiations or which may be authorized by Federal authorities.. 1.05.03a A flagging crew generally consists of one to three employees. However, additional personnel including, but not limited to communications linemen and/or signalmen may be used to protect communications and signal facilities, may be required to protect Railway Property and operations, if deemed necessary by the Railway's representative. The cost amount shown above is the base pay rate per person per hour for normal eight-hour shift for the labor class stated. 1.05.03b Each time a Flagger is called,the minimum period for billing shall be the eight(S)hour basic day.. 1.05.03c The cost of Flagger services provided by the Railway, when deemed necessary by the Railway's representative, will be borne by the State/Contractor. The cost of Flagging or planking protection of the tracks, which are a direct result of the planned construction, will be paid for by the State. The cost of flagging, planking for protection of the tracks, installation of new crossings or other work caused by the Contractor's discretion,will be paid by the Contractor. 1.05.034 Th average train traffic per 24-hour period on this route is freight trains at a timetable speed of� MPH and passenger trains at a timetable speed of MPH and switch engine movements. -4- 1.06 Contractor General Safety Requirements 1.06.01 Work in the proximity of Railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by Contractors within 25 feet of center line of any track shall be in compliance with FRA Roadway Worker Protection Regulations. 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing shall be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of center line of any track, the job briefing must include the Railway's Flagger and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invites from moving any equipment adjacent to or across any Railway track(s). 1.06.03 Workers shall not work nearer than 25 feet to the center line of any track without proper flag/work protection provided by the Railway, unless the track is protected by track bulletin and work has been authorized by the Railway. If flag/work protection is provided, every Contractor employee must know: (1) who the Railway Flagger is and how to contact the Flagger, (2)limits of the flag/work protection,(3)the method of communication to stop and resume work, and (4) entry into flag/work limits when designated. Men or equipment entering flag/work limits that were not previously job briefed must notify the Flagger immediately and be given a job briefing if working at less than 25 feet from center line of track. 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railway's representative in charge of the project must be notified. A minimum of two employees shall be present at all times.. 1.06.05 Any Contractor employee, its subcontractors 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 Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. 1.06.06 Any damage to Railway Property, or any hazard that is noticed on passing trains, shall be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with a track, signal equipment, or structure (bridge) could result in a train derailment and shall be reported by the quickest means possible to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and shall be posted at the job site. 1.06.07 All persons are prohibited from having pocket knives with blades in excess of three(3) inches, firearms or other deadly weapons in their possession while working on Railway Property. 1.06.08 All personnel protective equipment used on Railway Property shall meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.contractororientation.com,however a partial list of the requirements include; a)safety glasses: permanently affixed side shields no yellow lenses,b)hard hats with high visibility orange cover, c) safety shoes. hardened toe, above-the-ankle lace-up with a defined heel and d), high visibility retro-reflective orange vests are required as specified by the Railroad's representative in charge of the project. Hearing protection, fall protection and respirators will be worn as required by State and Federal regulations. .NOTE—Should there be a discrepancy between the information contained on the web site and the information in this para2raph,the web site shall govern.) 1.06.09 The Contractor shall not pile or store any materials,machinery or equipment closer than 25%0"to the center line of the nearest Railway track.At highway/rail at-grade crossings,materials,machinery or equipment shall not be stored or Ieft temporarily which interferes with the sight distances of motorists approaching the crossing. Prior to beginning work,the Contractor will establish a storage area with concurrence of the Railway's representative. -5- l.06.10 Machines m 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 hulowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. 1.06.11 Workers must not create and leave any conditions at the work site that would io1mr6re with water drainage. Any work performed over water shall meet all Federal, State and Local regulations. 1^06'12 All power line vvbca must he considered dangerous and of high voltage uo\uxs Contractor has been informed to the contrary 6y proper authority. For all power lines the minimum clearance between the lines and any part of the equipment mmload shall be;20OKVorbelow - }5 feet,J0Oto350 ]I\/-30 feet, 35Whu50OKV 25 feet, 500to750KV-35 feet,750tul00OKV-45 feet and if capacity of the line is not known,minimum clearance of45 feet must be maintained. /\ person x6xN be designated to observe clearance of the o4mipnmon1 and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 1.07 Excavation 1.07.01 Before excavating, itmust bc ascertained by the Contractor ifthere are any underground pipelines,electric wires, or cables, including fiber optic cable systems,that either cross mr run parallel with the track which are located within the project's work areu. Excavating on Railway's Property could result in damage 10 bo,iui uahlom roou|zio8 in delay to Railway traffic, including disruption of service to users resulting in business interruptions involving loss of revenue and yrvGcu. Before any excavation commences, the Contractor must contact the Ilalhpuy's Signal Supervisor and Doudmuotxr. 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 u^mpuoimu that have underground utilities in the area and moaugo for the location of all underground utilities before excavating, ' 1.07.02 The Contractor must oeuum all work and the Railway must be notified immediately before continuing excavation iothe area if obstructions are encountered that do not appear ondrawings. If the obstruction iemutility, and the owner ofthe utility can be identified, then the owner mbom|J also be notified immediately. If there is any doubt about the location of underground oahIou on linen of any kiod, no work will he performed until the exact location has been determined. There will b000 exceptions to these instructions. 1^87'03 All excavations shall be conducted in compliance with applicable OSHA regulations, and regardless of depth, shall hc shored where there im any danger to tracks,structures orpersonnel. 1.07.04 Any excavations,holes wr trenches ou Railway's 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 Railway employees and other personnel who may bo working orpassing through the area are protected from all hazards.All excavations must haback filled us soon oupossible. 1,08 Hazardous Waste,Substances and Material Reporting 1.08.01 If Contractor discovers any hazardous waste,hazardous substance, petroleum or other deleterious material, including but not limited to any non-containerized commodity ormatorioL onnradjacent to Railway's Property, in or uoaz any ccoiaco water, swamp, wetlands or vvu1urnuys' while performing any vvnck under this A8mmnem¢. Contractor obmJl immediately, (a) notify the Railway's Qcxouzcm 0narudono Center at 1(800) 832'5452, of such discovery: (b)take safeguards necessary to protect its employees,subcontractors, agents and/or third parties: and(c) exercise due care with respect tothe release, including the taking of any appropriate measure to minimize the impact of such release. 1.OA Personal Injury Reporting 1'09.01 The Railway in required to report certain injuries as m part of compliance with Federal Ru66nud Administration (F}iA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's 6n'i1mx while on the Quilvvuy`u Property must be reported loumedim4,1y (by phone mail if unable no contact io person)Lothe Railway's representative in charge uf the project. The Non-Employee 9erznool Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at(406) 523-1529 and tothe Railway's representative no later than the close of shift on the date of the injury. -6- 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 (if non-MRL location) 5. Social Security# 6. Name(last, first,mi) 7. Address: Street: city: Sc— Zip:— 8. Date of Birth: and/or Age Gender: (if available) 9. (a) Injury (b)Body Part: [i.e.(a)Laceration(b)14and] 11. Description of Accident(to include location,action,result,etc.): 12. Treatment: El First Aid Only D Required Medical Treatment ❑ 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 RAILWAY AT(406)523-1529 AND COPY TO RAILWAY REPRESENTATIVE -7- LIMITED SEEPAGE, POLLUTION AND CONTAMINATION COVERAGE ENDORSEMENT In consideration of the premium charged it is understood and agreed that this Policy shall apply to the liability of the Insured resulting from seepage and/or pollution and/or contamination caused solely by: a) unintended fire,lightning or explosion: or b) a collision or overturning of a road vehicle: or c) a collision or overturning or derailment of a train. It is agreed that the coverage provided by this Endorsement shall not apply to and excludes: 1. loss of, damage to or loss of use of property directly or indirectly resulting from sub-surface operations of the Insured, and/or removal of, loss of or damage to sub-surface oil, gas or any other substance; [This exclusion does not apply to tunnels for this item.] 2. any site or location used in whole or in part for the handling, processing, treatment, storage, disposal or dumping of any waste materials or substances; 3. the cost of evaluating and/or monitoring and/or controlling seeping and/or polluting and/or contaminating substances; 4. the cost of removing and/or nullifying and/or cleaning up seeping and/or polluting and /or contaminating substances on property at any time owned and/or leased and/or rented by the insured and/or under the control of the Insured. OTHER TERMS All other terms of your policy remain the same. Name of Insured Policy Number: Effective Date: Processing Date: Expiration Date: Counter Signature EXHIBIT "Y Page 1 of 3 NOTICE OF CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: RAILROAD PROTECTIVE LIABILITY COVERAGE PART A. The Change Condition is replaced by the following: 4. Changes This policy contains all the agreements between you and us concerning the insurance afforded, You are authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy, and by mailing or delivering to you, the "Contractor" and any involved governmental authority or other contracting party designated in the Declarations, at the respective mailing addresses last known to us, written notice of change at least 60 days before the effective date of change. OTHER TERMS All other terms of your policy remain the same. Name of Insured Policy Number: Effective Date: Processing Date: Expiration Date: Counter Signature EXHIBIT "139y Page 2 of 3 COMMERCIAL GENERAL LIABILITY CG 28 31 10 93 THIS ENDORSEMENT CHANGES THE POLICY,PLEASE READ IT CAREFULLY POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: RAILROAD PROTECTIVE.LIABILITY CO'V'ERAGE PART Paragraph(a)of exclusion f.(3)of COVERAGE A---BODILY INJURY AND PROPERTY DAMAGE LIABILITY(Section 1 — Coverages)is replaced by the follows: This insurance does not apply to: f `.`Bodily injury"or"property damage' arising out of the actual„alleged or threatened discharge,dispersal, seepage, migration,release or escape of pollutants at or from the"job location": (3)On which you or"contractors"working directly or indirectly on any insured's behalf are performing operations: (a) If the pollutants,other than fuels or lubricants for equipment used at the "job location"are brought on or to the "job location" in connection with such operations by such insured,contractor or subcontractor;or OTHER TERMS All other terms of your policy remain the same. Name of Insured Policy Number: Effective Date: Processing Date: Expiration Date: Counter Signature EXHIBIT "13" Page 3 of 3 112# OR HEAVIER RAIL NOTE:FIELD SIDE OF CROSSING SURFACE SHOULD"NOT OVERHANG TIES USE HEADER IF HEADER IS REGUIRED EXISTING PAYEWNT . MOTE: I2' BALLAST FIELD SIDE OF CROSSING LDT BE SURFACE SHOULD NOT M (,TBE OVERHANG TIES BOX ANCHOR c r CARE SHOULD ALL TIES. v ° ma c-2.OZ OPE BE TAKEN TO, AVOID PUNCTURING FABRIC GEOTEXTILE FABRIC ` 2 _6 4" 6' PERFORATED PIPE FROM GAGE (SIZE OPTIONAL) OF RAIL ROADBED NOTE: PIPS PLACUENT IS AT AR`s OPTION GEOTEXTILE FABRIC u a MEASUREMENT FOR CROSSING LENGTH Leo cif' a CROSSING LENGTH IS ALKAYS k1y LENGTH OF 6" DIA. hETAL OR TO BE 2 FOOT WIDER THAN ��Ly q{r PLASTIC PERFORATED PIPE TO ASPHALT ON 'EITHER SIDE. 7i I if BE MIN. 10" BEYOND CROSSING ii I ( SURFACE OR DETERMINED FROM I FIELD SURVEY. PIPE TO SLOPE AWAY FROM THE ROAD. PIPE TO BE CONNECTED AT EACH w It END OF CROSSING SURFACE. u tr ! It n rt tI I .... "It. tI ._.._.� ROAD ° I FIRST CLEAR TI �• . � BEYOND ASPHALT ! rt tI ! II - tr tI � lr tI It ii ! ii i Ir I rI r I I f 4k. y RECOMMENDED INSTALLATION PRACTICE FOR "IMPROVED" SURFACE RAIL= TO CONTINUOUS CRAVE CROSSING (WITHOUT JOINTS) THROUGH CROSSING TO A DISTANCE OF 25' FROM EDGE OF CROSSING SURFACE. EXfII rr"Vt EXHIBIT E-1 rvxx -III e.er A- SECTION A-A (REVERSE FOR OPPOS ITE SIDE OF RR X-ING SURFACE COORDINATE TABLE ............... IT �7a!& 'n �gttm RM 7, .............. —1-1 11 IT 1-61111 Ll I'll IT_ 5D,21-1 SECTION fl- TYPIQAL TOP QF -�AJJHHL TAPEIRD 4 -QWN IT 1 11 .. .. ....... -Wr A I ---------- le �Ao--r 11—IT —1— —11TI, 11 —.T 21.1 * 11—�T "I— Ilk -—----------- .--L.JL�—T 11.1�T 11 T .. .... ... IT'. 11—T 11 TI —T FLAT SURFACE LAID DOWN CURB .... ...... . ...... 'Z Ima -!Ano- P 1 'T I' St ow —1-1 1IF —11I RAILROAD CROSSING SIGENALK LOCATION 11n.-All S1LIEWAIK IFTAII PI AN VIPW 11.1-IT T�L F�%��'O 1,.F I'I'I�N' SIDEWALK.DEX All P1 AN VEW �_L 11121 IL—'IT 11 —11 All.