HomeMy WebLinkAboutCouncil Resolutions 1498 RESOLUTION NO. 14 R2
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN THE
CONSTRUCTION AND MAINTENANCE AGREEMENT OF NEW GRADE CROSSING
WITH THE CENTRAL OREGON AND PACIFIC RAILROAD FOR THE TWINCREEKS
CROSSING PROJECT
Recitals:
A. The City of Central Point is in the process of finalizing construction plans for the new
Twin Creeks Rail Crossing which will add a new signal to the highway at Twin Creeks Crossing.
The other part of the project was the construction of 1000 feet of continuous welded rail track
with the Central Oregon and Pacific Railroad (CORP).
B. CORP is requiring a Construction and Maintenance Agreement to cover the costs to
do the construction and a onetime payment for standard maintenance.
C. Approval of this agreement gives authorization for CORP to proceed forward with
final design of continuous welded rail and obligates the City to pay for the cost of the
construction and to make a one-time maintenance payment.
The City of Central Point resolves as follows:
Section 1.Allows the City Manager or his designee to sign the Construction and Maintenance
Agreement of New Grade Crossing with the Central Oregon and Pacific Railroad.
Pass d by the Council and signed by me in authentication of its passage this 00 ay
of /,2017. // /
;iC%
Mayor Hank Williams
A11E1
City Recorder d
RE Contract:
RR Project 09CORPO2R
XORPJ t VEM13-34320
CONSTRUCTION AND MAINTENANCE AGREEMENT
CONSTRUCTION OF NEW GRADE CROSSING
MILEPOST 446.35
CITY OF CENTRAL POINT,COUNTY OF JACKSON,STATE OF OREGON
THIS AGREEMENT made this_day of , 2017,by and between the CITY OF CENTRAL
POINT,hereinafter called"Roadway Authority",and the CENTRAL OREGON &PACIFIC RAILROAD,
INC.,a Delaware corporation, hereinafter called"Railway":
WITNESSETH:
WHEREAS, the Railway currently holds interest in real estate situated at or near Central Point, County of
Jackson, State of Oregon, at Mile Post 446.35, Roseburg Subdivision, and RAILWAY has the right to
possess and operate over the Premises,as such term is defined below,and
WHEREAS, in the interest of public safety and aiding motor vehicle and pedestrian traffic, Roadway
Authority wishes to construct a new public crossing approximately 130 feet wide and extending Twin Creeks
Crossing east of Twin Creeks Park, resulting in an at-grade crossing over Railway's land and tracks,
specifically located at Railways Milepost 446.35, Roseburg Subdivision (heretofore and hereinafter
called "Premises"), with DOT# 927297W, Railroad Project # 09CORP02R, hereinafter called "Project";
located in the City of Central Point, County of Jackson, State of Oregon attached hereto and hereby made a
part hereof as Exhibit"A" is a Project Print showing the type, size and location of the new at-grade crossing
structure;and
WHEREAS,The Oregon Department of Transportation issued rail crossing Order Number 50837 authorizing
the construction of the new crossings, and subsequently issued Errata Order Number 50851 specifying the
installation of approximately 3,268 track feet of continuously welded rail on the crossings approaches and
amended order Number---(to be inserted before siarSi and after issuance of oendina orderl modifying
the crossing design,which includes the Project and will result in improvements on the Premises as described
herein(hereinafter called"Structure");and
WHEREAS, the Roadway Authority is willing to undertake the entire cost and expense of construction of
the Structure with City funds available for this purpose and the Railway is willing to consent to and assist with
the work related to the implementation of the Project upon the terms and conditions herein stated and not
otherwise;and
WHEREAS, the Roadway Authority has acquired an easement from Railway for the proposed Structure
through agreement#CORP080625,and
WHEREAS, said Structure shall be constructed in accordance with plans and designs, which shall be
subject to the mutual approval of Railway and Roadway Authority,and
WHEREAS,the Railway and Roadway Authority hereto desire to contract with reference to the work to be
done by each of those in connection therewith,the manner of the work to be performed, and the payment of
costs and expense therein involved.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is mutually agreed as
follows:
Upon receipt of payment from Roadway Authority described in the subsequent sentence and provided
Roadway Authority is in compliance with the terms and conditions of this Agreement, Railway agrees to
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RE Contract:
RR Project#: 09CORPO2R
XORAIL#VEM13-34320
grant to Roadway Authority, its successors and assigns, an easement(hereinafter called,the
"Easement")to enter upon and use that portion of Railway's right-of-way as is necessary to use and
maintain the Structure, substantially in the form of Exhibit"A"attached to this Agreement. Roadway
Authority has paid Railway the sum of One Hundred and Twenty-Five Thousand and No/100 Dollars
($125,000)as compensation for the Easement.
I. Performance of Work
The Roadway Authority and Railway will each perform various items of work as described below:
A. WORK TO BE PERFORMED AND MATERIALS FURNISHED BY EITHER ROADWAY
AUTHORITY OR ITS CONTRACTOR AT ROADWAY AUTHORITY EXPENSE
1. Proiect Plans&Soecifications and Construction
Except as otherwise herein provided, furnish all plans, engineering, supervision, labor,
material, supplies and equipment necessary for construction of the Structure. Roadway
Authority shall obtain written approval of Project Plans&Specifications prior to construction
of the Structure.
2. Roadway Construction
As directed in Order Number 50837, Section 3 c, bear responsibility for the construction
of the new highway roadbed outside of the Railway ties and the new roadway up to the
edge of the railroad crossing surface to include but not limited to all pavement structure,
pavement surface, shoulders, drainage, sidewalks, pavement striping, advance
pavement markings,erosion control,tree cutting, mowing, and advance warning signs.
3. Subarade Utility Construction
Bear responsibility for (i) ensuring that each utility line is installed In accordance with a
written agreement with Railway and (ii)the construction of the new utility lines under the
track for Roadway Authority use to be installed as part of this Project. All Subgrade
Utility Crossings under tracks will be installed in accordance with Railway requirements
and specifications.
4. Maintenance of Traffic
Bear responsibility for all traffic detours, maintenance of traffic, and all other roadway
modifications,permanent or temporary, necessary for Railway to complete crossing surface
and warning device installations as needed.
5. Schedule&Notification
Provide project construction schedule and notify Railway sixty (60) days prior to date
Railway is to perform work and/or provide flagging services.
B. WORK TO BE PERFORMED AND MATERIALS FURNISHED BY THE RAILWAY AT ROADWAY
AUTHORITY EXPENSE
1. Enaineerina and Bill Preparation
The Railway, at the Roadway Authority's expense shall perform preliminary and special
engineering, review,and inspection, including field and office work and preparation of bills.
2. Construction
SIGNAL WORK
The Railway, at the Roadway Authority's expense per Errata Order Number 50851,
Section 4(b), will install 4 new gates with LED flashers per the Roadway Authority's
construction plans previously provided to the Railway and in accordance the attached
drawings No R-07, dated January 2017 (or the latest revision) attached as Exhibft "A",
and approximately 3,268 track feet of continuous welded rail on the track approaches,
with projected cost estimates for construction described in Exhibit"B".
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RE Contract
RR Project*. 09CORPO2R
XORAIL#:VEM13-34320
CROSSING SURFACE/RESURFACE WORK
The Railway, at the Roadway Authority's expense, will install 138.125 feet of new
concrete crossing surface at the crossing site in accordance with ODOT Order No.
50837, Section 4(a) and the attached drawing No. R-07, dated January 2017 (or the
latest revision) attached as Exhibit "A" with projected costs estimates for construction
described in Exhibit"B".
The estimate provided in Exhibit "B" is not intended to be a guarantee of construction
costs and actual construction cost may differ based upon variables encountered at and
during construction.
For the Project, the work will commence following the release of a Notice to Proceed
from the Roadway Authority.
3. Flagging
Perform flagging and furnish requested services and devices during construction operations
of the Roadway Authority or its contractor, as deemed necessary by the Railway. My
flagging cost or protective services performed by the Railway or its contractor shall
be at the Roadway Authority's expense.
II.Construction Plans and Specifications
The Roadway Authority or its contractors shall perform its work in accordance with detailed plans and
specifications which shall be prepared by the Roadway Authority or its contractors and submitted to
Railway Manager of Public Projects for approval of those sections that are within or adjacent to Railway's
right-of-way, affecting facility or operations of the Railway. No work pursuant to said plans and specifications
shall be performed on the right-of-way of the Railway prior to receipt of notices to proceed given by the
Railway Manager of Public Projects and authorized representative to the Roadway Authority engineer or
their respective authorized representatives. Nothing provided in this Agreement with respect to said plans
and specifications shall be construed or deemed to be ratification or an adoption by the Railway of either or
both said plans as its own.
Ill.Traffic Protection and Safety
All work herein provided for,to be done by the Roadway Authority or its contractors on the Railway's right-
of-way, shall be performed by the Roadway Authority or its contractors in a manner satisfactory to the
Railway and shall be performed at such time and in such manner as not to interfere unnecessarily with the
movement of trains or traffic upon the tracks of the Railway. The Roadway Authority or its contractors
shall enter into a "Right-of-Entry Agreement"with the Railway prior to the first entry onto Railway's right-of-
way. The Roadway Authority shall reimburse the Railway for all actual costs thereof, including, without
limitation, both direct and indirect labor additives. The Railway will submit bills for flagging and other
protective services and devices currently during the progress of the work contemplated by this Agreement.
The Railway shall have one hundred twenty (120) days to submit complete billing for flagging and other
protective services and devices, and the Roadway Authority shall pay such bills within thirty(30)days of it
receipt of billing. Wherever the safeguarding of trains or traffic of the Railway is mentioned in this
Agreement, it is intended to cover and include all users of the Railway's tracks having permission for such
use. The Roadway Authority's foregoing obligations in this Provision to require its contractors on the
Railway's right-of-way to first sign a "Right-of-Entry Agreement" shall survive the term of this Agreement
to apply to any entry, including but not limited for purposes of inspection, repair, replacement or removal.
IV.Compensation
For and in consideration of the sum of Five Thousand and No/100ths Dollars ($5,000.00) such sum to
be paid by the Roadway Authority to the Railway upon the execution and delivery of this Agreement,
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RR Project 09CORPO2R
XORPJI#:VEM13-34320
the terms and conditions of this Agreement, which are and subject to the terms and conditions of the
Lease.
V.Conditions, Restrictions,and Limitations
All the aforementioned rights are granted subject to the terms, provisions, conditions, restrictions, limitations,
covenants, reservations and exceptions contained in this agreement, including, without limitation, those set
forth in Exhibit"C" attached hereto and by this reference incorporated herein; and Roadway Authority, in
the exercise of the rights and in the conduct of the Project,shall and will do, keep,observe and perform each
and all of the terms, provisions,conditions,restrictions,limitations,covenants,reservations and exceptions.
The Roadway Authority shall ensure that its contractor(s)obtain and provide to Railway evidence that such
contractor(s)have procured the insurance coverage described in Exhibit"C", hereto attached,covering their
work on Railways property covering this Project.
If the Roadway Authority contracts any work on or adjacent to Railways tracks or property,the Roadway
Authority will require such contractor(s), to the extent allowed by law, to agree in writing to the extent not
limited by the Oregon Tort Claims Act (ORS 30.269): "DEFEND, INDEMNIFY AND HOLD HARMLESS
RAILWAY, ITS AFFILIATED AND PARENT COMPANIES, AND THEIR RESPECTIVE OFFICERS,
AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITIES OF EVERY KIND (INCLUDING
REASONABLE ATTORNEYS' FEES, COURT COSTS, AND OTHER EXPENSES RELATED THERETO)
FOR INJURY TO OR DEATH OF A PERSON OR FOR LOSS OF OR DAMAGE TO ANY PROPERTY,
ARISING OUT OF OR IN CONNECTION WITH ANY WORK DONE,ACTION TAKEN OR PERMITTED BY
THE CONTRACTOR.
IN NO EVENT UNDER THIS AGREEMENT WILL RAILWAY HAVE ANY LIABILITY FOR INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE TERM "RAILWAY"AS USED
IN THIS ARTICLE V SHALL INCLUDE THE SUCCESSORS, ASSIGNS, AND AFFILIATED COMPANIES
OF RAILWAY,AND ANY OTHER RAILROAD COMPANY THAT MAY BE LAWFULLY OPERATING UPON
AND OVER THE TRACKS, OR THE TRACKS CROSSING OR ADJACENT TO THE TRACKS, AND THE
OFFICERS,AGENTS, INVITEES AND EMPLOYEES THEREOF.
The Roadway Authority's foregoing obligations in this Provision to require its contractors, to the extent
allowed by law and to the extent limited by Oregon tort claims act, to indemnify Railway shall survive the
term of this Agreement.
VI.Compliance with Federal Regulations
The current provisions of 23 CFR(Code of Federal Regulations)parts 646, subpart B and 23 CFR parts 140,
subpart I, shall apply to the work to be done under this agreement, and said memorandum is hereby
incorporated in and made a part of this Agreement by reference.
If the Railway enters into a contract or agreement with a contractor to perform any of the work, which the
Railway is required to perform under the terms of this Agreement, the Railway, for itself, its assigns and
successors in interest,agrees that it will not unlawfully discriminate in Its choice of contractors.
VII.Signatory Warranty
Each signatory to this agreement certifies that he has the authority to enter into this agreement on behalf of
his respective organization.
VIII.Term,Ownership,and Maintenance Responsibilities
The term of this Agreement commences on the date on the top of page one hereof and shall continue for
a period not to exceed the earlier of the 12 months from the date construction commences within the
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RE Contract:
RR Project/P. 09CORPO2R
XORPJttk VEM13-34320
Railway's Right-of-Way or completion of the construction of the Project as determined by the Railway.
The Roadway Authority's obligations in the following paragraphs of this Provision and the indemnities in
Exhibit"C"shall survive the term of this Agreement.
Upon completion of the crossing, the Roadway Authority, at the Roadway Authority's expense, will be
responsible for the maintenance of the highway roadbed outside of the railway ties and the roadway up to
the edge of the railroad crossing surface to include but not limited to all pavement structure, pavement
surface,shoulders,drainage,sidewalks, pavement striping, advance pavement markings, erosion control,
tree cutting, mowing, and advance warning signs.
Upon completion of the crossing,the Railway, at the Roadway Authority's expense,will be responsible
for the maintenance of the railroad signal system, crossing surface,trackbed and rail components, plus
the highway roadbed,for the width of the rail ties within the crossing area. This maintenance expense will
be accomplished by a one-time lump sum payment of$10,000 as part of this Agreement.
In addition, the Roadway Authority, at the Roadway Authority's expense, will be responsible for the
complete future repair or replacement of said crossing surface and warning devices. This includes all
crossing surface repair and replacement costs required due to Acts of God, normal wear and tear, and
damage from accidents where third party accountability cannot be determined, and any other cause not
attributable to the Railway.
IX.Assignment
Neither party has the right to assign this Agreement without the consent of the other. Notwithstanding the
foregoing,this Agreement shall inure to the benefit of and be binding on the parties hereto,their successors,
and assigns.
X.Termination
In the event that the Railway abandons the tracks at this crossing through a formal process before the
agency or court having jurisdiction for such abandonment proceedings and receives approval from such
agency or court, all Maintenance Fees as contained in "Section VIII Term, Ownership and Maintenance
Responsibilities",will terminate at the next Agreement anniversary date. No compensation or refunds will be
provided to the Roadway Authority by the Railway for mid-year Agreement terminations.
XI.Construction
The Roadway Authority shall complete all construction within one (1) year of the execution date of this
agreement If construction has not commenced within one(1)year,this agreement becomes null and void. If
construction has commenced and is not complete,the Roadway Authority shall provide the Railway a time
line for the completion of the construction. The Railway will review the time line and determine if
amendments to the terms of this agreement or supplemental agreements are required prior to the completion
of construction.
XII. Buy America
Railway acknowledges that this Agreement is for a federal-aid project and Railway shall comply with the Buy
America provisions set forth in U.S.C. Section 313 and 23 CFR 635.410, in the procurement and use of steel
and iron produced in the United States,subject to the conditions therein set forth.
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RE Contract:
RR Project# 09CORPO2R
XORAJL#.VEM13-34320
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and
year hereinafter written.
WITNESS: CITY OF CENTRAL POINT
ROADWAY AUTHORITY
By:
City Administrator
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By:
Public Works Director
APPROVED AS TO FORM:
By:
City Clerk
Insurance:
COUNTERSIGNED:
By:
Finance Director
WITNESS: CENTRAL OREGON & PACIFIC RAILROAD,
INC.,a Delaware corporation
Authorized Representative Signature
Authorized Representative Name(print)/Title
Page 6 of 10
RE Contract:
Exhibit"A"
RR PROJECT#09CORP02R RR Project* 09CORP02R
XORAIL#:VEM13-34320
At-Grade Crossing Construction
MP 445.56
CENTRAL POINT, OREGON
Print date: 01/22/17
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Page 7 of 10
RE Contract:
RR Projed8: 09CORPO2R
XORAILit:VEM13-34320
Exhibit"B"
RR PROJECT#09CORPO2R
Preliminary Cost Estimate for Total
Railroad costs of Construction of
PROJECT to Roadway Authority
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RE Contract:
RR Projedit 09CORPO2R
XORPA#VEM13-34320
Exhibit C
Insurance Requirements
The coverage afforded hereunder shall include the liability assumed by the named insured under the
following indemnification provisions contained in an agreement in writing between the named insured
and CENTRAL OREGON & PACIFIC RAILROAD, covering work to be performed upon or adjacent
to its property Mile Post 445.56, quoted herein below for convenience:
TO THE EXTENT NOT LIMITED BY THE OREGON TORT CLAIMS ACT (ORS 30.269), , ROADWAY
AUTHORITY OR, IN THE EVENT ITS CONTRACTOR IS THE ENTITY PERFORMING SERVICES
ON THE PREMISES, ITS CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD
HARMLESS RAILWAY, ITS AFFILIATED AND PARENT COMPANIES, AND THEIR RESPECTIVE
OFFICERS,AGENTS,AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS,
LOSSES, DAMAGES,CAUSES OF ACTION,SUITS,AND LIABILITIES OF EVERY KIND (INCLUDING
REASONABLE ATTORNEYS' FEES, COURT COSTS, AND OTHER EXPENSES RELATED
THERETO) FOR INJURY TO OR DEATH OF A PERSON OR FOR LOSS OF OR DAMAGE TO ANY
PROPERTY,ARISING OUT OF OR IN CONNECTION WITH ANY WORK DONE,ACTION TAKEN OR
PERMITTED BY ROADWAY AUTHORITY OR ITS CONTRACTOR,AS THE CASE MAY BE.
IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, ROADWAY AUTHORITY AND
RAILWAY, THAT THE INDEMNITY PROVIDED FOR IN THE FOREGOIN PARAGRAPH, TO THE
FULLEST EXTENT PERMITTED BY LAW, INDEMNIFIES RAILWAY FOR ITS OWN NEGLIGENCE,
WHETHER THAT NEGLIGENCE IS ACTIVE OR PASSIVE, OR IS THE SOLE OR A CONCURRING
CAUSE OF THE INJURY, DEATH OR DAMAGE; PROVIDED THAT SAID INDEMNITY SHALL NOT
PROTECT RAILWAY FROM LIABILITY FOR DEATH, INJURY OR DAMAGE ARISING SOLELY
OUT OF THE CRIMINAL ACTIONS OF RAILWAY, ITS OFFICERS,AGENTS AND EMPLOYEES. IT
IS STIPULATED BY THE PARTIES THAT RAILWAY OWES NO DUTY TO ROADWAY
AUTHORITY, ITS CLIENT, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES AGENTS OR
INVITEES TO PROVIDE A REASONABLY SAFE WORK PLACE AND THAT ALL PARTIES
ENTERING ONTO RAILWAY PROPERTY DO SO AT THEIR SOLE RISK. IT IS ACKNOWLEDGED
BY RAILWAY,THAT THE ROADWAY AUTHORITY IS SELF INSURED.
The policy or policies shall provide coverage in amount of not less than Two Million Dollars
($2,000,000) combined single limit for all damages arising out of bodily injury to or death of persons
and for loss of or damage to property.
The policy or policies, where applicable and available, shall contain Insurance Services Office
Standard Endorsement CG 2417. The policy must contain a waiver of subrogation in favor of the
Railway and the Roadway Authority's insurance coverage is primary.
No cancellation of this policy or modification of the coverage afforded under this endorsement
shall be effective until ten (10) days' notice thereof has been given to: CENTRAL OREGON &
PACIFIC RAILROAQ (PSAP); Attn.: Property Management Dept., 333 SE Mosher, PO Box
1083, Roseburg, OR 97470 AND Genesee &Wyoming, Attn: Larry Romaine, 13901 Sutton Park
Drive South, Suite 345C,Jacksonville, FL 32224
The policy as outlined herein shall name Railway and as an additional insured.
The policy as outlined herein shall name Railway and affiliates as listed below as additional insured
with respect to F.E.L.A. coverage, and/or if applicable under the laws of the State in which the work is
performed.
The policy as required herein shall name Genesee &Wyoming, Inc. and all their affiliated properties,
including CENTRAL OREGON& PACIFIC RAILROAD.as insured's.
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RE Contract:
RR Project# 09CORPO2R
XORAIL#:VEM13-34320
Railway requires that each insurance Carrier providing coverage must be an Admitted
Company in the State for which this Agreement Is written and has an A.M. Best rating of"A"
or better and a financial class rating of 10 or better.
Prior to the performance of any work upon or adjacent to Railway's property under this Agreement:
(a) ROADWAY AUTHORITY shall furnish Railway, at ROADWAY AUTHORITY expense, a
certified copy of a public liability and property damage liability insurance policy issued in
the name of ROADWAY AUTHORITY covering the contractual liability assumed by
ROADWAY AUTHORITY. The form, substance, and limits of said insurance policy shall be
subject to the approval of Railway and shall be In compliance with the provisions
contained herein. It Is acknowledged by Railway that the ROADWAY AUTHORITY is self
insured.
(b) ROADWAY AUTHORITY shall furnish Railway, at ROADWAY AUTHORITY expense, a
certificate of Workers Compensation coverage, including Federal Employee Liability Act coverage
if applicable, for its workers and subcontractors in accordance with the requirements of the State
or States in which said work is to be performed. It is acknowledged by Railway that the
ROADWAY AUTHORITY Is self Insured.
(c) ROADWAY AUTHORITY shall furnish a policy of Railway Protective coverage in the
amount of Two million and no/100 dollars ($2,000,000.00) per occurrence, Six million and
no/100 dollars ($6,000,000.00) aggregate with named Insured as outlined herein.
WARNING: ONLY A POLICY OF RAILROAD PROTECTIVE INSURANCE WHICH
SPECIFICALLY NAMES GENESSE & WYOMING INC. AND ALL THEIR AFFILIATED
PROPERTIES. INCLUDING CENTRAL OREGON & PACIFIC RAILROa AS THE INSURED
PARTIES IS ACCEPTABAND A COPY OF SAID POLICY MUST BE RECEIVED PRIOR TO
THIS PERMIT BEING APPROVE ON BEHALF OF RAILWAY. It Is acknowledged by
Railway that the ROADWAY AUTHORITY is self Insured.
ROADWAY AUTHORITY shall keep said insurance in full force and effect until all work to be
performed upon or adjacent to the Premises under said contract is completed to the satisfaction
of and accepted by Railway and thereafter until ROADWAY AUTHORITY has fulfilled the
provisions of this Agreement with respect to the removal of tools, equipment and materials from
the Premises. It Is acknowledged by Railway that the ROADWAY AUTHORITY Is self
insured.
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