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HomeMy WebLinkAboutResolution No. R22-78RESOLUTION NO. A RESOLUTION OF THE CITY OF LAUREL THE MAYOR TO EXECUTE THE CONSTR AGREEMENT FOR SOUTH 4th STREET PUB) LAUREL, YELLOWSTONE CO 78 ITY COUNCIL AUTHORIZING CTION AND MAINTENANCE C ROADWAY IN THE CITY OF MONTANA. WHEREAS, a public roadway easement was gr' nted by the Northern Pacific Railway Company, n/k/a Montana Rail Link, Inc. (hereinafter "i he Railroad") on July 26, 1961, to the State of Montana across the Railroad's right-of-way r the public roadway now known as South 4th Street, and said easement is found in the Re ords of Yellowstone County at Book 780 Deeds, Page 209; WHEREAS, the City of Laurel, the Railroad, and the Montana Department of Transportation (hereinafter "MDT") have entered into certain agreements dated April 26; 1999, and November 4, 2002, for construction, operation, and maintenance of grade crossing signals at the grade crossing DOT# 104001W at South 4th Stre t; WHEREAS, the City desires additional public Improvements to South 4th Street, and the Railroad is amenable to these improvements; WHEREAS, the parties desire that all fu ure South 4th Street construction, reconstruction, and maintenance projects on the Railroa 's right-of-way be built in accordance with plans and specifications to be prepared by the Cityl and approved by the Railroad; WHEREAS, the City will own and maintain t le roadway and related appurtenances, including trails, sidewalks, drainage features, crossing signals, and traffic signals; WHEREAS, the parties agree that the Railroad ill continue operating and maintaining its tracks and appurtenance, along with maintaining grade crossing warning devices by agreement(s), Montana state statutes, and by the Admi 'strative Rules of Montana; and WHEREAS, the parties wish to memorialize t eir respective rights and obligations, pursuant to the Construction and Maintenance Agreeme t for South 4th Street Public Roadway in the City of Laurel, Yellowstone County, Montana. NOW THEREFORE BE IT RESOLVED, by Montana: Section 1: Approval. The Construction and Street Public Roadway in the City of Laurel, Yellows the City of Laurel and Montana Rail Link, Inc., a copy is hereby approved. City Council of the City of Laurel, ntenance Agreement for South 4th County, Montana, by and between hed hereto and incorporated herein, R22-78 Approve Construction and Maintenance Agreement for South 411 Street Section 2: Execution. The Mayor is hereby gi and Maintenance Agreement on behalf of the City. Introduced at a regular meeting of the City by Council Member Sparks. PASSED and APPROVED by the City 27th day of December 2022. APPROVED by the Mayor on the 27th day of ATTEST: Fngleffiz/*M�wz APPROVED AS TO FORM: mi&L L& -- Michele L. Braukmann, Civil City Attorney authority to execute the Construction on the 27th day of December 2022 of the City of Laurel, Montana on the ber 2022. OF LAUREL Waggoner, R22-78 Approve Construction and Maintenance Agreement for Soiuth 4th Street DocuSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 CONSTRUCTION AND MAINTENANCE AGREEM ROADWAY IN THE CITY OF LAUREL, YELI RAILROAD IST SUBDIVISION FOR SOUTH 4TH STREET PUBLIC ;TONE COUNTY, MONTANA RAILROAD MILEPOST 0.50 CASPER BRANCH AGREEMENT, made this day of 2022, between THE CITY OF LAUREL, a Municipal Corporation of the State o Montana, hereinafter referred to as "CITY", and MONTANA RAIL LINK, INC., hereinafter referred to as "RAILROAD". WHEREAS, a public roadway easement was granted by the Northern Pacific Railway Company on July 26, 1961, to the State of Montana across the Railroads right of way for the public roadway now known as South 4th Street, and said easement is found in the Records of Yellowstone County at Book 780 Deeds, Page 209; WHEREAS, CITY, RAILROAD and the Mont na Department of Transportation ("MDT) have entered into those certain agreements dated April 26, 1999, and November 4, 2002, for construction, operation and maintenance of grade crossing signals at the grade crossing DOT# 104001W at South 4th Street; WHEREAS, CITY desires additional public i provements to South 4th Street, and the RAILROAD is amenable to these improvements a shown on the drawing attached and marked as Exhibit "A". WHEREAS, the parties desire that all fut re South 4th Street construction, reconstruction and maintenance projects on RAI ROAD's right of way be built in accordance with the plans and specifications to be prepared by CITY and approved by RAILROAD; WHEREAS, the parties agree that the RAIL�OAD will receive no ascertainable benefit from the contemplated roadway improveme ts; WHEREAS, the CITY will own and mz appurtenances, including trails, sidewalks, drainage signals; WHEREAS, the parties agree the RAIL maintaining its tracks and appurtenances along wi devices by agreement(s), state statutes, and by the Page 1 of 12 1 the roadway and related res, crossing signals, and traffic will continue operating and ntaining grade crossing warning nistrative Rules of Montana; DocuSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 NOW, THEREFORE, in consideration of the agree: CITY or its Contractor will construct, or cause South 4th Street in compliance with plans develo approved by the RAILROAD and approved as necessa MDT (within its urban route). Nothing herein sha ratification or an adoption by the RAILROAD of any c as it own. CITY will gain RAILROAD's agreement for i affecting the RAILROAD right of way occurring after The CITY will present the attached Exhibit "C' on the Right of Way of the RAILROAD, to its cc reconstruction of work on the roadway or appurten, will comply with all aspects of this attachment. There work on the right of way of the RAILROAD prior t COUNTY's contractor(s) will telephone the RAIL Control Center at (800) 338-4750 (a 24-hour n Location Center (800) 424-5555, to determ communication facilities are buried anywhere in agreement will be construed or deemed to be a RAILROAD of either or both said plans and specificat es herein contained, the parties be constructed, improvements to d by CITY or its engineers and under CITY's said agreement with be construed or deemed to be a .struction plans and specifications terial changes to the project plans s agreement is signed. Contractor Requirements for Work ntractors for any maintenance or laces thereto. The CITY's contractor will be no equipment, manpower or i approval by the RAILROAD. The 10AD's Communication Network imber), and Utilities Underground ne if underground utilities or he area. Nothing provided in this -atification or an adoption by the ons 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 CITY and the RAILROAD will mutually agree, in writing, as to the area of need and the RAI ROAD's selection of a consultant or contractor. The CITY and the RAILROAD will perform various itoms of work as follows: PART A WORK TO BE PERFORMED BY THE CITY ORI S CONTRACTOR AT CITY EXPENSE: Page 2 of 12 DocdSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 1. 2 0 Except as herein provided, furnish all p material, supplies, and equipment nec( complete in all details. Perform all work not specifically m RAILROAD necessary to complete the specifications. Any work or modification which, and the contractor will nevertheless be RAILROAD will be entitled to look to 4. CITY will provide the attached Exhibi Public Employees, and Private Indivi Contractor) When working on the Raili The CITY's Contractor will comply wit] 5. Submit all temporary traffic control p crossing to RAILROAD's Director jbieber@mtrail.com for approval. Al RAILROAD's approval of submitted t traffic control plans affecting the grad active grade crossing warning syste. flagger to control vehicle traffic. is, engineering, supervision, labor, ary for construction of the project, �tioned as work performed by the roject in accordance with plans and this contract, may be performed by e obligation of the CITY, and the CITY for full performance thereof. "C" Requirements for Contractors, luals (Hereinafter Referred tot as )ad's Right of Way to its Contractor. all aspects of these attachments. ns affecting the RAILROAD's grade of Engineering Jim Bieber at w a minimum of five (5) days for ffic control plans. Any temporary crossing must not plan to alter the and must not utilize a Railroads 6. CITY must construct a driveway ap roach across the sidewalk to the RAILROAD's signal bungalow. 7 n. 0 Will pay for the purchase and delivery (and end deflectors) and other costs a marked as Exhibit "B" for the two cro: be a total of 88 track feet of concrete as depicted in Exhibit "A". Provide construction stakes, incl RAILROAD, to mark the of the ou facilitate installation of the concrete Provide asphalt saw cuts in the asp the tracks at the grade crossing at accommodate removal of existing 1 new track structures and concrete si Page 3 of 12 reight for the new concrete surfaces shown in the detailed cost estimate ings at DOT#104001W. There will irface for both crossings purchased ing offset stakes, as needed by edges of the sidewalk surface, to ade crossing surfaces. roadway surface on both sides of (5) feet from the nearest rail to structure and replacement with DocuSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 10. Dispose of asphalt removed to acco surfaces and maintain any tempor between the edges of asphalt saw c surfaces at the grade crossing. Place odate the new concrete crossing gravel surface in the roadway and the newly installed concrete salt patches in that area. 11. All temporary traffic controls, detours, otifications, 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 installati n. 12. CITY's contractor will cooperate v RAILROAD's contractors to the maxim PART Al WORK TO BE PERFORMED BY THE RAILRO 1. Railroad Flagging. Provide railro construction as deemed necessary by PART B WORK TO BE PERFORMED BY THE RAIL 1. RAILROAD will provide not less than RAILROAD's forces and with extent possible. AT THE CITY'S EXPENSE: flagging protection during the RAILROAD. AT RAILROAD'S EXPENSE: (5) days' notice of staking needs. 2. Provide engineering, supervision, labor, materials (except concrete surfaces and freight), and equipment aecessary for the installation of the new concrete surface including up rades to the track structure to accommodate the new surface. 3. Install concrete crossing surface m terials, including upgraded track structure, to accommodate the two (2) concrete crossing surfaces in accordance with RAILROAD's current installation polices. 4. Dispose of track structure materials removed and not reused during construction of the new concrete surfa es at RAILROAD's cost. PART C SEQUENCE OF OPERATION: Page 4 of 12 DocuSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 1 2. 3. The CITY, the RAILROAD, and the CIT agreeable date and time. Meeting will prior to any construction on RAILROY The CITY, the RAILROAD, and the CITY agreeable date and time at the project substantially completed within the M the Contractor's demobilization of neo An announcement has been made that its operating lease with BNSF and that by the Surface Transportation Boa RAILROAD during the term of construc that following the consummation of R may require different and additior inspections, submittal reviews, flagger track window procedures. CITY will c processes and procedures are in place i working on the project. All reconstruction, improvements, or mainten its contractor on the RAILROAD's right of way, will the RAILROAD and will be performed so as not t movement of trains or traffic upon the track. The CI' precautions to avoid damage to or interfere with the notify the RAILROAD, as per Exhibit "C," whenever work on, or adjacent to its track to enable the RAIL necessary protective services and devices to ensure 1 RAILROAD can furnish such flagging and protecti` judgment, are necessary to ensure the safety of raj reimburse the RAILROAD for the cost thereof. WhE traffic of the RAILROAD is mentioned in this agree permitted users of the RAILROAD's track. The CITY, its contractors and subcontr and conduct all work so as to not cause any d IV Page 5 of 12 Contractor will meet at a mutually e held at or near the grade crossing 's right of way. Contractor will meet at a mutually )cation to inspect the project when LROAD's right of way but prior to le and equipment. the RAILROAD intends to terminate such termination may be approved -d ("STB") and consummated by ion for this project. It is understood ULROAD's lease termination, BNSF al processes for consultant use, iotifications, payments for services, operate with BNSF to ensure new )r the CITY's Contractor to continue ince work to be done by the CITY or Ie done in a manner satisfactory to unnecessarily interfere with the Y will require its contractor to take RAILROAD's track or trains and to the contractor is about to perform LOAD to furnish flagging and other le safety of railway operations. The services and devices that, in its way operations, and the CITY will lever safeguarding of the trains or ment, it is intended to include all shall plan, schedule, coordinate to any trains. DocuSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 The RAILROAD will endeavor to submit on flagging and other protective services and device contemplated by this agreement. The progress bi worked per day. The RAILROAD will submit a final other protective services within one hundred twent the completion of the project by the CITY. The attach hereof, is a statement of conditions when flaggers, pr furnished by the RAILROAD. Railroad flagging will b listed in Exhibit "B» The RAILROAD will submit progress bills to work included in this agreement for the actual cost the RAILROAD. The estimated cost of the work, ex( this agreement by the RAILROAD's forces at the e detailed estimate attached as Exhibit "B" and in RAILROAD has inspected the materials in the field salvage value of materials to be retained by the R Exhibit "B". RAILROAD shall utilize its approved pub The CITY will reimburse the RAILROAD for the ai connection with said work. a monthly basis progress bills for during the progress of the work s will contain the date and hours id complete billing for flagging and (12 0) days after being notified of !d Exhibit "C", which is made a part tective services, and devices will be billed separately from the services he CITY during the progress of the F services and expenses incurred by pt flagging, to be performed under )ense of the CITY is shown on the de a part of this agreement. The rior to signing this agreement. The ILROAD is shown on the attached projects billing rates and methods. ual cost and expenses incurred in It is further agreed that the final and complet billing of all incurred costs will be made by the RAILROAD at the earliest practical date nd 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. U All contracts between the CITY and its contra) for on the roadway fa�� cility within the RAILROAD's ri; that specifies the contractor is responsible to RAILR( RAILROAD companies, and its tenants for all damage and all freight or passenger trains that is caused by tl comply with its requirements under this agreement, work with the RAILROAD or any cause not attributal from the contractor's activities that affect RAILROAD equipment and to meet customer service obligations further provided below, for the economic losses arisi and train service employees, contractual loss of incei contractual penalties resulting from train delays, cau subcontractors performing work under the project is Page 6 of 12 tor, for the construction provided ;ht -of -way, shall include language 'AD, including any of its affiliate s for any unscheduled delay to any te contractor's negligence, failure to -ailure to properly coordinate its le to the RAILROAD, but arising s ability to fully utilize its Contractor will be billed, as ag from loss of use of equipment tive pay and bonuses, and Sed by the Contractor, or its entified herein. DocuSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 It is understood and agreed that this section it for delays arising from RAILROAD work necessitated the contractor or subcontractors. For loss of use, coni freight train hour rate per train as determined from F to train traffic may cause delays to multiple trains at In addition to the above damages, passenger, U.S. mai intermodal, coal, special and freight trains operate ur between RAILROAD and its customers. Under these < not meet its contract service commitment, RAILROAD incentive pay or be subject to a penalty payment. Co train performance and incentive penalties or other c incurred by RAILROAD which are attributable to a tr this project. cludes any RAILROAD expenses by acts, omissions or negligence of ractor will be billed the current AILROAD's record. Any disruption he same time for the same period. I trains, and certain other grain, der incentive/penalty contracts rrangements, if RAILROAD does may suffer loss of performance or tractor shall be responsible for any ntractual economic losses actually in delay caused by or related to The contractual relationship between RAILR AD 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. W All contracts between the CITY and a contr for, or maintenance work on the roadway within the the contractor to indemnify, defend, and hold harr railroad company occupying or using the RAILROAD against all loss, liability and damage including attorn( contractor, its forces or any of its subcontractors or the contractor will carry insurance of the kind and ar broad form contractual liability with a cc $2,000,000 each occurrence and an ag; Coverage must be purchased on a post 19 and include coverage for, but not limited *Bodily Injury and Property Damage *Personal Injury and Advertising Injul *Fire legal liability *Products and completed operations This policy must also contain the following endorse the certificate of insurance: *It is agreed that any workers' compe: railroad payments related to the Federal ] Page 7 of 12 ictor, for the construction provided ZAILROAD right of way, will require less the RAILROAD and any other right of way, or line of RAILROAD, y's fees arising from activities of the gents, and will further provide that I.ount hereinafter specified: ce - This insurance must contain nbined single limit of a minimum of •egate limit of at least $6,000,000. 8 ISO occurrence form or equivalent o the following: ents, which must be indicated on ition exclusion does not apply to ployers Liability Act or a railroad DocuSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 Wage Continuation Program or similar pr deemed not to be either payments made Workers Compensation, disability benefit law or similar law. *The definition of insured contract exclusion or other limitation for any RAILROAD's property. No other endorsements limiting coverage as may be included on the policy. )gram and any payments made are or obligations assumed under any s, or unemployment compensation ist be amended to remove any k being done within 50 feet of obligations under the Agreement B. Business Automobile Insurance - This nsurance must contain a combined single limit of at least $1,000,000 per oc urrence, and include coverage for, but not limited to the following: *Bodily injury and property damage *Any and all vehicles owned, used, or h red C. coverage for but not limited to: *Contractor's statutory liability under the state(s) in which the work is to be law, the insurance must cover all empl *Employers' Liability (Part B) with limi $500,000 by disease policy limit, $500, A Certificate of Insurance must be provided to the work. D. Railroad Protective Liability insurancE Insured with coverage of at least $2,000, in the aggregate. The policy must be issu 10 93 and include the following: *Endorsed to include the Pollution Exc 31 10 93) *Endorsed to include the Limited Seep *Endorsed to remove any exclusion for *No other endorsements restricting co' *The original policy must be prov performing any work or services under The RAILROAD is to be provided with a separate Policy. Page 8 of 12 insurance including he worker's compensation laws of performed. If optional under State lees anyway. of at least $500,000 each accident, 00 by disease each employee. ROAD prior to commencement of naming only the RAILROAD as the 00 per occurrence and $6,000,000 !d on a standard ISO form CG 00 35 usion Amendment (ISO form CG 28 ge and Pollution Endorsement punitive damages 'erage may be added ded to the RAILROAD prior to this Agreement. individual Railroad Protective DocuSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 Other Requirements: Where allowable by law, all policies (applying to cc exclusion for punitive damages and certificates exclusion exists. Contractor agrees to waive its right of recovery against RAILROAD. In addition, its insurers, t endorsement, waive their right of subrogation ige listed above) shall contain no insurance shall reflect that no t RAILROAD for all claims and suits i the terms of the policy or policy RAILROAD for all claims and suits. The certificate of insurance must reflect the wai er 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 Worker Compensation and if applicable, Railroad Protective) shall include a severability of in erest endorsement and RAILROAD shall be named as an additional insured with resp ct to work performed under this Agreement. Severability of interest and naming RAIL ZOAD as additional insured shall be indicated on the certificate of insurance. Prior to commencing the Work, Contractor shall fu certificate(s) of insurance including an origin, representative evidencing the required coverage, en referencing the contract audit/folder number if avail provision that obligates the insurance company(ies RAILROAD in writing at least 30 days prior t substitution, or material alteration. This cancellation certificate of insurance. In the event of a claim or k out of this Agreement, Contractor will make claim or lawsuit. -nish to RAILROAD an acceptable 1 signature of the authorized lorsements, and amendments and ble. The policy(ies) shall contain a issuing such policy(ies) to notify any cancellation, non -renewal, provision shall be indicated on the Avsuit involving RAILROAD arising any required policy covering such 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. Contractor represents that this Agreement has been toroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instr cted by Contractor to procure the insurance coverage required by this Agreement. �Ilocated Loss Expense shall be in addition to all policy limits for coverages reference a ove. Page 9of12 DocuSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 Not more frequently than every five years, RAILROA may ask to reasonably modify the required insurance coverage to reflect then-currentI risk management practices in the railroad industry and underwriting practices in the i surance industry. Acceptance of a certificate that does not comply with this section shall not operate as a er waiver of Contractor's obligations hereund. The fact that insurance (including, without limitz tion, self-insurance) obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indei anity provisions of this Agreement. Damages recoverable by RAILROAD shall not be lim ted by the amount of the required insurance coverage. ALL certificates of insurance required for c ntractor performed construction, reconstruction, improvements, and/or maintenanc work will be forwarded to the RAILROAD at the following address: MONTANA RAIL LINK INC. Attention: Contracts A mi P.O. Box 16390 Missoula, MT 59808-6390 contracts@mtrail.com (406) 523-1440 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 r store the same. VII Upon completion of any maintenance, impro CITY will require its Contractor to leave the RAI satisfactory to the RAILROAD. This determination Engineer or his designee. VIII Page 10 of 12 rots, or reconstruction work, the kD right of way in a condition 1 be made by RAILROAD's Chief DocuSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 The CITY agrees that in removing snow fro: perform such snow removal in a manner as not to roadbed or tracks of the RAILROAD. Any snow or track sections by actions of the CITYY will be remov( of removal billed against the CITYY. The RAILROA ongoing problem in this area. IX In the event said roadway shall, at any time otherwise become vacated or abandoned, the rights agreement shall immediately cease, and the CITY sh cost and expense. To facilitate the CITY's removal of tl to the CITY, at no cost or expense, a permit to reasonable time the CITY has not removed the faciliti CITY a minimum of 60 days prior notification, may r, the CITY. said roadway, that the CITY will eposit the snow or debris on the bris deposited on the roadbed or by the RAILROAD with such costs agrees to notify the CITY of any cease to be used by the public or .nd benefits of the CITY under this ll remove said roadway at its own roadway, the RAILROAD will issue complish said removal. If after a the RAILROAD, after providing the nove said facility at the expense of 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 pro'ect necessitates a rearrangement, relocation, or alteration of the signals at this cross ng, the party whose improvement causes such change will pay the cost thereof. X All notices, billings, payments, and other required ommunications ("Notices") to the Parties shall be in writing, and shall be addressed res ectively as follows: If to CITY: If to RAILROAD: CITY OF LAUREL Attention Directo 115 West 1St Strep Laurel, MT 5090, Telephone (40 MONTANA RAIL 1 Chief Engineer P.O. Box 16390 Missoula, MT 598 Telephone (40 FAX (40 Page 11 of 12 of Public Works ) 628-7431 NK INC. -6390 523-1440 523-1529 DocuSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 All notices shall be given (i) by personal delivery 1 communication, with a confirmation sent by mail, c effective and shall be deemed delivered (i) if by persc if delivered during normal business hours, and, if no hours, on the next business day following delivery, (ii the next business day following receipt of the electrc by mail on the next business day after actual receipt.) notice to the other Parties. XI the Parties, or (ii) by electronic (iii) by mail. All notices shall be nal delivery on the date of delivery delivered during normal business if by electronic communication on iic communication, or (iii) if solely ny Party may change its address by This agreement will be binding on the parties Hereto, their successors and assigns. MONTANA RAIL LINK, INC. DoeuSigned By: 11/ovd: Vice President of Finance and Accounting CITY OF LAUREL By; ~� Name: Title: IN wi�✓S Page 12 of 12 DocuSlgD Envelope ID: 68175569-9881473F-9333-CD427D467888 STA 28.19.63 52.6-LFOW / MATCH E% STA 28.19.93 PT 3296.05 j$ u¢F STA28-16.58 3 322 L TBC 3296.13 F STA 28-13.3[ r 27.TLTBC N 3295.65 N DROP WALK AND CURB FOR ADA 1C 85 $ 28 50 STA28-U"Bo CL 3295.85 STA2M.93 20.6'RTBC PC 3296.07 NOTE: SEE INTERSECTION DETAIL SHEETS FOR SPECIFICS OF INTERSECTION GRADING. ADA RAMP DETAIL Oa 18,2022-225pm-1W}meeimWMDalalPmje C,"XnL me82104_00862_2022_Pav nl ba ei ICAOlConztDwg.%c-R nP.Re"(C14) 0 n(mI DocuSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 EXHIBIT "B" MONTANA RAIL LINK, INC. 10/24/2022 Purchase and Deliver Concrete Crossing Surface for use of at (DOT # 104001W) South 4th Street in Laurel, Montana Railroad Milepost 0.50 1st (Casper Branch) Subdivision DETAILED ESTIMATE OF COST UNIT ITEM Q Y UNITS COST ($) TOTAL CONC. CROSSING SURFACE, 10' WIDE 88.0 *TF $ 211.00 $ 18,568.00 STEEL END DEFLECTORS 2 SETS $ 450.00 $ 900.00 FREIGHT (DELIVERY OF CROSSING) 2 LS $ 3,100.00 $ 6,200.00 ACCOUNTING FEE 1 EA $ 243.00 $ 243.00 TOTAL COST TO CITY $ 25,911.00 *TF = Track Feet C:\Users\jspencer\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\COH�TTIZ\[Exhibit B_Concrete_Crossing.xlsx]Laurel 4th Street Page 1 of 1 DocuSign Envelope ID: 68175569-9i 81-473F-9333-CD427D467888 EXHIBIT "C" Requirements for Contractors, Public Empl (Hereinafter Referred to as Contractor) WI Right of Way (Note - these requirements do not apply to railroad v working for the Railroad. Any railroad worker, contra Railroad shall comply with the terms and conditions o 1.01 General es, and Private Individuals Working on the Railroad's )rkers and/or contractors or firms tor, or firm doing work for the their contract) 1.01.01 The Contractor shall plan, schedule, �nd 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 F of Railroad to cause the Contractor's work on Railroad Railroad, Contractor's activities create a hazard to Rail operations. Railroad has the right to stop construction, following events take place: (i) Contractor (or any of i work in a manner contrary to the plans and specificatic Contractor (or any of its subcontractors), in Railroad's a manner which is hazardous to Railroad property, faci movement of railroad traffic; (iii) any of the insurance; during the course of the Project. The work stoppage co taken by Contractor or its subcontractor to rectify the s Chief Engineer or his designee, or until additional insu accepted by Railroad. Any such work stoppage under t liability on the part of Railroad. Railroad's right to sto rights Railroad may have including, but not limited to, profits. In the event that Railroad desires to stop constr agrees to notify the following individual as soon as po, Kurt Markegard, P City of Laurel 115 West 1St St Laurel, MT 5904, Phone: (406) 628-4' Email: kmarkeizardalauri It is understood that written notification by Railr( Railway's employees, Property, and equipment in the 1.01.03 The Contractor is responsible for Federal, State and Local Governmental laws and n environmental, health and safety. The Contractor and save the Railroad harmless from all fines or pe Page 1 of 10 roperty is subject to the absolute right s Property to cease if, in the opinion of •oad's Property, employees, and/or vork on the Project if any of the :s subcontractors) performs the Project ns approved by Railroad; (ii) apinion, prosecutes the Project work in .ities or the safe and expeditious required by Railroad are canceled itinues until all necessary actions are tuation to the satisfaction of Railroad's •ance has been delivered to and its provision does not give rise to any the work is in addition to any other fictions or suits for damages or lost action work on the Project, Railroad Bible in writing: .mt.gov d may be secondary to safeguarding vent of a hazardous or unsafe situation. �termining and complying with all lations, including, but not limited to, ill be responsible for and indemnify ties imposed or assessed by Federal, DocuSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 State and Local Governmental Agencies Contractor's work. the Railroad which arise out of 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 11/2 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 el ctronic 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 u "BNSF-UPRR Guidelines for Temporary Shoring" (htt www.bnsf.com in- e-communi df bnsf-u-shorin - guide.pdf) must be used for determining design loa ling conditions to be used in shoring design, and all calculations and submittals must be hi 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" (htt www.bnsf.com in- he-communi df bnsf-demolition- guideline.pdf) Sections I, I1, I11, IV and Appendixes rnust be followed. Ensure all submittal drawings and calculations are sealed by a currently registered Professional Engineer licensed in the State of Montana. Ensure all calculal ions 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 sandard. The Railroad will notify the City and Contractor of Railroad's comments, an 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 Contract r 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 ailroad's trains, the Railroad will cooperate with the Contractor such that the work ay be handled and performed in an efficient manner. The Contractor shall have no clai I whatsoever for any type of damages in the event his work is delayed by the Railroad. 1.01.06 The Contractor shall take protective i Railroad's facilities, including track ballast, free of and materials resulting from his operations. Any c from Contractor's operations will be repaired or re such repairs or replacement shall be paid for by th Works Engineer as listed in this Section at least Page 2 of 10 neasures as are necessary to keep the and, debris, and other foreign objects amage to Railroad facilities resulting placed by the Railroad and the cost of e Contractor. Notify Railroad's Public two weeks prior to the anticipated DocuSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 substantial completion of the Project to arrange agreeable date and time for Railroad and Contractor Notify the Railroad's Director of Engineering a site inspection at a mutually Missoula. MT 59808 and provide blasting plans to he Railroad for review and approval at least seven (7) calendar days prior to conducting ny blasting operations adjacent to or on Railroad's Property. 1.01.07 The Contractor shall abide by the fo maintenance or improvements. Abide by the following temporary clearances 15'-0" Horizontally from center line of clearances during construction, construction: track. 22'-6" Vertically above top of rail (temporary falsework clearance may be reduced to 21'-6" Subject to specific Railroad 6proval) 27'-0" Vertically above top of rail for ele 28'-0" Vertically above top of rail for volts 30'-0" Vertically above top of rail for electric volts 34'-0" Vertically above top of rail for volts Upon completion of the project, ensure the fo 25' Horizontally from centerline of n 23'-4" Vertically above top of rail wires carrying less than 750 volts wires carrying 750 volts to 15,000 s carrying 15,000 volts to 20,000 wires carrying more than 20,000 clearances have been maintained: track 1.01.08 The Contractor shall not move any equipment or materials across the Railroad's track unless at a public road crossing o at an approved temporary crossing and permission has been obtained from the Railroad. 1.01.09 Discharge, release or spill on R� substances in excess of a reportable quantity or ar Contractor shall immediately notify the Railroad's of any discharge, release or spills. Contractor shall r a treatment or storage facility as those terms are and Recovery Act or any state analogue. Page 3 of 10 -oad Property of any hazardous hazardous waste is prohibited, and lief Dispatcher at 1(800) 338-4750, allow Railroad Property to become fined in the Resource Conservation DocuSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 1.01.10 The Contractor, upon completion of 1 promptly remove from the Railroad's Property implements and other materials, whether brought or any subcontractor, employee or agent of Contrz cause the Railroad's Property to be left in a a representative. 1.02 Protection of Railroad Facilities and 1.02.01 To initially commence flagging and/or b period of non-use of flagging, give a minimum of Railroad's Director of Engineering Jim Bieber, a when flagging services are required in order to bulle labor agreement requirements. If flagging service Contractor, and it is subsequently determined by tI are no longer necessary, provide a minimum of five the Public Works Engineer and Roadmaster per SE per Railroad's labor agreements. work covered by this contract, shall of Contractor's tools, equipment, on said property by said Contractor ir or of any subcontractor, and shall lition acceptable to the Railroad's Flagger Services: resume flagging after an extended thirty (30) calendar days notice to L jbieber@mtrail.com in advance of :in the Flagger position per Railroad's s are scheduled in advance by the parties hereto that Flagger services (5) business days notice in writing to ction 1.01.06 to abolish the position 1.02.02 Once the Project has commenced, submit schedules of required flagging needs to Railway's local Roadmaster, local Assistant Roadmaster, and Director of Engineering and any persons designated by the CITY on a weekly basis. Submit schedules for the subsequent week's flagging needs. Submit schedules lectronically by email to the addresses provided by the Railroad not later than 1.400 hours 2 m 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 he 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 schedul is as follows: Date Day Flagger Yes/No Jan 14 Mon Flagger Yes 1.02.03 Railroad Flagger and protective services when Contractor's work activities are located ov feet measured horizontally from center line of t and when cranes or similar equipment position track center line that could foul the track in the occurrence, but not limited thereto for the follow 1.02.03a When in the opinion of the Raili Works Engineer, it is necessary to safegu trains; engines; and facilities, or when other Page 4 of 10 actor Hours Work Description 1730 Setting forms id devices are required and furnished or under and within twenty-five (25) nearest track or railroad structures outside of 25 -foot horizontally from rent of tip over or other catastrophic g conditions: ad's Flagger, Roadmaster, or Public -d Railroad's Property; employees; Dnditions warrant. DocuSign Envelope ID; 68175569-9881-473F-9333-CD427D467888 1.02.03b When any excavation is performel below the bottom of tie elevation, if, in the opinion of Railroad's Flagger, Roadma ter, or Public Works Engineer, track or other Railroad facilities may be subject to Imovement or settlement. 1.02.03c When work in any way interfere with the safe operation of trains at timetable speeds. 1.02.03d When any hazard is presented Ito Railroad track, communications, signal, electrical, or other facilities either du to persons, material, equipment, or blasting in the vicinity. 1.02.03e Special permission must be obtai ed from the Railroad before moving heavy or cumbersome objects or equipmet 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 wok commencement, (3) providing the Contractor with advance notice of approach of railr ad owned and/or operated trains or other "on -track" equipment, and (4) removing req fired protective devices and making necessary communications with Railroad's operati ig groups after Contractor work has ceased. Upon notice of approach, Contractor empl yees 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 d 3 not have the authority to modify or change the contract plan or specifications. Obey any Flagger safety instructions immediately and without question. Failure to omply may result in Project shut down until the situation can be resolved toRailroad'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. Page 5 of 10 DocuSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 1.02.05 The cost of Flagger services provided by th The current base cost per hour for one (1) Flagge allowance, paid holidays, Railroad and Unemployn Property Damage Insurance, health and welfare bei and supervision for an eight (8) -hour basic day with non-standard start work times, overtime, rest days rates may be charged if paid to Flagger by Railroad': will be an estimated current $30.00 per hour charg headquarters to set protective devices, while at Pr( then return to headquarters. This rate is for the cla: shown solely for the Contractor's information, and t: labor will actually be used or that the rates of pay sh at the time the work is undertaken. These rates are result from Railroad Employees -Railroad Manager authorized by Federal authorities. The flagging rate: by the Contractor hereinunder are used to calculate to this Section 1.02. 1.02.05a A Flagger generally consists of one personnel may need to be assigned as a Flaggi. Additional personnel including, but not limit and/or Signalmen, used to protect communis required to protect Railroad Property and of Railroad Supervisor. 1.02.05b Each time a Flagger is called, the minis hour basic day, provided the Contractor has been However, two exceptions may raise the minim provided for in Railroad's labor agreement, wa billing period includes the overtime plus the mini work schedule for the Contractor has been 10-h is the 10 -hour day, plus any overtime performed 1.03 Contractor Safety Requirements Railroad will be borne by the CITY. is $50.50 which includes vacation tent: Insurance, Public Liability and refits, transportation, meals, lodging time and one-half or double time for .nd holidays. Per diem at the current labor agreements. In addition, there for vehicle rental, or mileage, from ject site, remove protective devices, sification of Laborer 5+ Years and is sere is no guarantee that this class of awn in column will be those in effect subject to any increases which may lent negotiations or which may be in effect at the time of performance the actual costs of flagging pursuant ) employee. However, additional Crew at Railroad's sole discretion. to, Communications Technicians ons and signal facilities, may be ations, if deemed necessary by a xm period for billing is the eight (8)- ,orking 8 -hour days during the week. n billing period: (1) if overtime, as performed on a day, the minimum ium 8 -hour day, and (2) if the typical zr days, the minimum billing period iat day. 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 subconi under suspicion of being under the influence of dru same, will be removed from the Railroad's Proper custody of a representative of the Contractor. Futur( that employee will be denied. Page 6 of 10 ractor's employee, agents or invites ;s or alcohol, or in the possession of y and subsequently released to the access to the Railroad's Property by DocuSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 1.03.03 All persons are prohibited from havii of three (3) inches, firearms or other deadly weap( on Railroad Property. 1.03.04 All personnel protective equipment applicable OSHA and ANSI specifications. Contra requirements are; a) safety glasses with side sl - hardened toe, above -the -ankle lace -up with a retro -reflective orange vests. Hearing protection, worn as required by State and Federal regulations. 1.03.05 The Contractor shall not pile or equipment closer than 25'-0" to the centerline highway/rail at -grade crossings, materials, machin or left temporarily which interferes with the sight d crossing. Prior to beginning work, the Contractor rr area with concurrence of the Railroad's represental pocketknives with blades in excess is in their possession while working sed on Railroad Property shall meet or personnel protective equipment ;lds, b) hard hats, c) safety shoes: efined heel and d) high visibility 11 protection and respirators will be ;tore any materials, machinery or of the nearest Railroad track At pry or equipment shall not be stored stances of motorists approaching the ay establish a staging and/or storage 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 1 ft 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 hazard that is noticed on passing trains, to t. project site or to Railroad's Emergency Hotline at 1 machine which has or may have come in contac structure and could result in a train derailment b Railroad Flagger if present at the job site or to the R 498-4838. 1.04 Excavation 1.04.01 Before excavating, it must be ascerta underground pipe lines, electric wires, or cables, in either cross or run parallel with the track which area. Excavating on Railroad Property could result in delay to Railroad traffic, including disruption of interruptions involving loss of revenue and profits days before any excavation commences, the Con Page 7 of 10 ly damage to Railroad's Property, or Railroad Flagger if present at the 00-498-4838. Report any vehicle or with a track, signal equipment, or the quickest means possible to the [road's Emergency Hotline at 1 -800 - zed by the Contractor if there are any luding fiber optic cable systems, that re located within the project's work in damage to buried cables resulting service to users resulting in business A minimum of three (3) business ractor must contact the Railroad's DocuSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 Signal Supervisor Nathan Kluck at (406) 570-5� (406) 698-8882 and advise them of the upcon arrange for any signal and communications personnel. If neither the Signal Supervisor nor ti Railroad's main office at (406) 523-1440 and ac the situation. Railroad is not a party to One overhead wires must be considered HIGH VOLTAGE company having ownership of the line. It is also th any other companies that have underground utili location of all underground utilities before excavati 1.04.02 The Contractor must cease all wore immediately before continuing excavation in the encountered. If the obstruction is a utility, and the then the owner should also be notified immediat location of underground cables or lines of any kine exact location has been determined. There will be I 93 and Roadmaster Russ Young at ing excavation and allow them to ines to be located by Railroad's e Roadmaster are reached, contact vise the Director of Engineering of :all Locates. All underground and and dangerous until verified with the Contractor's responsibility to notify les in the area and arrange for the and the Railroad must be notified area if unexpected obstructions are owner of the utility can be identified, ly. If there is any doubt about the no work will be performed until the i 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 ind 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 ipust be back filled as soon as possible. 1.05 Hazardous Waste, Substances and Material 4eporting 1.05.01 If Contractor discovers any ha petroleum or other deleterious material, non -containerized commodity or material, on or near any surface water, swamp, wetlands or v under this Agreement, Contractor shall imme, Dispatcher at 1-800-338-4750, of such discov protect its employees, subcontractors, agents ar care with respect to the release, including the minimize the impact of such release. 1.06 Insurance Requirements :a dous waste, hazardous substance, in luding but not limited to any rd acent to the railroad's Property, in or at rways, while performing any work lia ely: (a) notify the Railroad's Chief :ry: : (b) take safeguards necessary to I/ )r third parties: and (c) exercise due to Cing of any appropriate measure to 1.06.01 For projects involving constructiu Property or Right of Way, the Contractor will provii to the current requirements of the Railroad. The c Railroad can be obtained from the Public Works Page 8 of 10 or demolition on the Railroad's proof of insurance which conforms -rent insurance requirements of the ngineer at (406) 523-1440. Unless DocuSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 specifically notified that Railroad Protective Inst should assume Railroad Protective Insurance is a Property or Right of Way. 1.07 Personal Injury Reporting 1.07.01 The Railroad is required to report cei Federal Railroad Administration (FRA) reportii sustained by an employee of the Contractor, subco ce is not required, the Contractor uirement of any work on Railroad n injuries as a part of compliance with requirements. Any personal injury actor 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 Fax to the Railroad at 1(406) 523-1529 and a copy later than the close of shift on the date of the injury. Page 9 of 10 to the Railroad's Flagger, if present, no DocuSign Envelope ID: 68175569-9881-473F-9333-CD427D467888 NON-EMPLOYEE PERSONAL INJURY ATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT FO 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. Dat : Time: County: 5. Social Security # 6. Name (last, first, mi) 7. Address: Street: 8. Date of Birth: 3. Tenl6erature: City: and/or Age (if available 9. (a) Injury: (b) Body Part: [i.e. (a) Laceration (b) Hand] 11. Description of Accident (to include location, action, 12. Treatment: G First Aid Only G Required Medical Treatment G Other Medical Treatment 13. Dr. Name 14. Dr. Address: Street: City: _ 15. Hospital Name: 16. Hospital Address: Street: City: _ 17. Diagnosis: t, etc.): 30. Date: FAX TO RAILROAD AT (406) 52 -1529 AND COPY TO RAILROAD FLAGGER (IF PRESEN7. Page 10 of 10 4. Weather _ St. Zip: Gender: St: Zip: St Zip: