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HomeMy WebLinkAboutIGA Railroad Closure - 2009 and 2017 • 4 AMENDMENT NO. 1 17, v 444 TO THE INTERGOVERNMENTAL AGREEMENT 0 8 BETWEEN JACKSON COUNTY AND THE CITY OF CENTRAL POINT °tFor ACKst c�� � RN IMPROVE AND ELIMINATE RAILROAD CROSSINGSp%D This FIRST AMENDMENT to the intergovernmental agreement, originally made and entered into on February 3,2010,by and between Jackson County, Oregon, a political subdivision of the State of Oregon,hereinafter referred to as"County",and the City of Central Point, Oregon, a municipal corporation, hereinafter referred to as"City"is made and entered into effective 2019. County and City are collectively referred to as"Parties". The Parties agree as follows: 1) AGREEMENT section titled, "County Responsibilities" paragraph 1 which reads: A. Elimination of an At-Grade Crossing. County agrees that upon completion of the upgrades by City to the Scenic Avenue rail crossing as described in City Responsibilities paragraph 2A,below, County will initiate the legal process to eliminate the Seven Oaks Road rail crossing identified as ODOT Crossing No. C- 447.70 or some other public at-grade crossing on the Siskiyou mainline in Jackson County, subject to approval by the ODOT Rail Division. Shall be amended and replaced in its entirety as follows: A. Elimination of the Seven Oaks Road Rail Crossing. As the City has passed County agrees that upon receiving a Rresolution 1505 from City requesting a jurisdictional road exchange of Bursell Road from County to City, the County will eliminate the Seven Oaks Road rail crossing identified as ODOT Crossing No. C- 447.70. County will complete this work before the City opens the Twin Creeks rail crossing(ODOT Crossing No. C-446.35) and may do so in any manner of County's choosing. - ' • - 2) AGREEMENT section titled"City Responsibilities" paragraph 2 which reads: A. Improvement of Scenic Avenue Crossing. The existing rail crossing at Scenic Avenue and Highway 99,which is identified as ODOT Crossing No, C-447-10 is in need of upgrading. City agrees to construct the necessary upgrades to that crossing to the satisfaction of County and the ODOT Rail Division, including necessary elevation changes,vehicle traffic signals, and an interconnection with the crossing signals. The City will complete all engineering design, right-of-way purchase, permit acquisition,public notice and coordination, construction,and construction inspection. These upgrades will be constructed at City expense. The City will provide the County engineered plans for our review and approval prior to construction. The City agrees to begin work on such project as soon as practicable and to pursue completion with reasonable diligence. Intergovernmental Agreement Amendment No. 1 - 1 B. Elimination of an At-Grade Crossing. If the Board of Commissioners agrees to remove the Seven Oaks Road crossing identified as ODOT Crossing No. C-447.70, or some other public at-grade crossing on the Siskiyou mainline in Jackson County, City agrees that upon completion of the upgrades to the Scenic Avenue crossing as described in City Responsibilities at paragraph 2A, City will reimburse County for the costs to eliminate said crossing. Shall be amended and replaced in its entirety as follows: A. Improvement of Scenic Avenue Crossing. The existing rail crossing at Scenic Avenue and Highway 99, identified as ODOT Crossing No, C-447-10 is in need of upgrading. The jurisdiction of this intersection is presently under the Oregon Department of Transportation(ODOT)on Highway 99, under County jurisdiction west of Highway 99, and under City jurisdiction east of Highway 99. ODOT has currently funded improvements to the intersection with a current construction schedule of 2020. The City agrees to work with ODOT on the design and safety improvements. The City, or by and through ODOT, will complete all engineering design, right-of-way purchase,permit acquisition, public notice and coordination, construction, and construction inspection for the improvements currently funded for 2020. In the event ODOT's funded project described herein does not fully address reasonable safety concerns of Jackson County,the City agrees to construct such additional reasonable safety improvements as mutually agreed by City and County, including upgraded crossing arms and signal timing equipment, and associated engineering design,right-of-way purchase,permit acquisition,public notice and coordination,construction, and construction inspection. The City,or by and through ODOT,will provide the County engineered plans for review and approval prior to construction. Notwithstanding the foregoing, in the event such additional safety improvements include a requirement that City install in excess of 100 feet of continuous welded rail to allow for interties between the Scenic and Twin Creeks rail crossings, City may seek additional funding from other sources, excluding Jackson County,to offset such additional unanticipated costs. Said additional safety improvements to the Scenic Avenue Crossing as mutually agreed between City and County, shall be completed by December 31,2033. B. Elimination of the Seven Oaks Road Rail Crossing. The City agrees to complete an engineering design, secure needed right-of-way and to pay for all demolition and construction costs to remove the Seven Oaks Road crossing identified as ODOT Crossing No. C-447.70. C. By October 31, 2017,the City shall pass a resolution:cquc road transfer of Bursell Road from the County to the City. 3) APPORTIONMENT FOR FUNDING section which reads: A. City shall pay all construction costs for the elimination of the Seven Oaks Rail crossing identified as ODOT Crossing No. C447-70, or some other public at-grade crossing on the Siskiyou mainline in Jackson County. The County will provide an engineered design for this closure. B. City shall pay for all costs associated with upgrades to the Scenic Avenue crossing Intergovernmental Agreement Amendment No. 1 - 2 discussed in paragraph 2A and as identified as ODOT Crossing No. C-447.10. C. County shall pay for an engineered design for the elimination of the Seven Oaks Rail crossing identified as ODOT Crossing No. C447-70, or some other public at- grade crossing on the Siskiyou mainline in Jackson County. D. In the event insufficient funds are appropriated for the payments under this Agreement and the County has no other lawfully available funds, then the County may terminate this Agreement at the end of its current fiscal year, with no further liability or penalty to City. The County shall deliver written notice to City of such termination no later than thirty(30) days from the determination by the County of the event of non-appropriation Shall be amended and replaced in its entirety as follows: A. City shall pay all design,right-of-way and construction costs for the elimination of the Seven Oaks Road rail crossing identified as ODOT Crossing No. C447-70. B. City shall pay, or secure state or federal grants to pay for, all costs associated with upgrades to the Scenic Avenue crossing discussed in paragraph 2A and as identified as ODOT Crossing No. C-447.10. Read 1C. In the event insufficient funds are appropriated for the payments under this Agreement and the County has no other lawfully available funds,then the County may terminate this Agreement at the end of its current fiscal year,with no further liability or penalty to City. The County shall deliver written notice to City of such termination no later than thirty(30)days from the determination by the County of the event of non-appropriation. 4) Except as expressly amended by this Amendment, all terms and conditions of the Intergovernmental Agreement remain in full force and effect. 5) This Amendment is effective on the date that this Amendment is fully executed by the Parties. JACKSON COUNTY OREGON CITY OF CENTRAL POINT --c-->s%) 4ift 66-3 I 3 Micc.7? yanny Jordan Date By Date County Administrator Title C App e as to rfficlency Sr. Assistant County Counsel Intergovernmental Agreement Amendment No. 1 - 3 AMENDMENT NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF CENTRAL POINT For IMPROVE AND ELIMINATE RAILROAD CROSSINGS This FIRST AMENDMENT to the intergovernmental agreement, made and entered into on February 3, 2010, by and between Jackson County, Oregon, a political subdivision of the State of Oregon, hereinafter referred to as "County", and the City of Central Point, Oregon, a municipal corporation, hereinafter referred to as "City". County and City are collectively referred to as "Parties". The Parties agree as follows: 1) AGREEMENT section titled, "County Responsibilities" paragraph 1 which reads: A. Elimination of an At -Grade Crossing. County agrees that upon completion of the upgrades by City to the Scenic Avenue rail crossing as described in City Responsibilities paragraph 2A, below, County will initiate the legal process to eliminate the Seven Oaks Road rail crossing identified as ODOT Crossing No. C- 447.70 or some other public at -grade crossing on the Siskiyou mainline in Jackson County, subject to approval by the ODOT Rail Division. Shall be amended and replaced in its entirety as follows: A. Elimination of the Seven Oaks Road Rail Crossing. County agrees that upon receiving a resolution from City requesting a jurisdictional road exchange of Bursell Road from County to City, the County will eliminate the Seven Oaks Road rail crossing identified as ODOT Crossing No. C-447.70. County will complete this work before the City opens the Twin Creeks rail crossing (ODOT Crossing No. C-446.35) and may do so in any manner of County's choosing. B. County agrees to complete needed asphalt maintenance patches and apply a chip seal pavement treatment to Bursell Road before October 31, 2017. 2) AGREEMENT section titled "City Responsibilities" paragraph 2 which reads: A. Improvement of Scenic Avenue Crossing. The existing rail crossing at Scenic Avenue and Highway 99, which is identified as ODOT Crossing No, C-447-10 is in need of upgrading. City agrees to construct the necessary upgrades to that crossing to the satisfaction of County and the ODOT Rail Division, including necessary elevation changes, vehicle traffic signals, and an interconnection with the crossing signals. The City will complete all engineering design, right-of-way purchase, permit acquisition, public notice and coordination, construction, and construction inspection. These upgrades will be constructed at City expense. The City will provide the County engineered plans for our review and approval prior to construction. The City agrees to begin work on such project as soon as practicable and to pursue completion with reasonable diligence. Intergovernmental Agreement Amendment No. I - B. Elimination of an At -Grade Crossing. If the Board of Commissioners agrees to remove the Seven Oaks Road crossing identified as ODOT Crossing No. C- 447.70, or some other public at -grade crossing on the Siskiyou mainline in Jackson County, City agrees that upon completion of the upgrades to the Scenic Avenue crossing as described in City Responsibilities at paragraph 2A, City will reimburse County for the costs to eliminate said crossing. Shall be amended and replaced in its entirety as follows: A. Improvement of Scenic Avenue Crossing. The existing rail crossing at Scenic Avenue and Highway 99, identified as ODOT Crossing No, C-447-10 is in need of upgrading. The jurisdiction of this intersection is presently under the Oregon Department of Transportation (ODOT) on Highway 99, under County jurisdiction west of Highway 99, and under City jurisdiction east of Highway 99. ODOT has currently funded improvements to the intersection with a current construction schedule of 2020. The City agrees to work with ODOT on the design and safety improvements. The City, or by and through ODOT, will complete all engineering design, right-of-way purchase, permit acquisition, public notice and coordination, construction, and construction inspection for the improvements currently funded for 2020. In the event ODOT's funded project described herein does not fully address reasonable safety concerns of Jackson County, the City agrees to construct such additional reasonable safety improvements as mutually agreed by City and County, including upgraded crossing arms and signal timing equipment, and associated engineering design, right-of-way purchase, permit acquisition, public notice and coordination, construction, and construction inspection. The City, or by and through ODOT, will provide the County engineered plans for review and approval prior to construction. Notwithstanding the foregoing, in the event such additional safety improvements include a requirement that City install in excess of 100 feet of continuous welded rail to allow for interties between the Scenic and Twin Creeks rail crossings, City may seek additional funding from other sources, excluding Jackson County, to offset such additional unanticipated costs. Said additional safety improvements to the Scenic Avenue Crossing as mutually agreed between City and County, shall be completed by December 31, 2033. B. Elimination of the Seven Oaks Road Rail Crossing. The City agrees to complete an engineering design, secure needed right-of-way and to pay for all demolition and construction costs to remove the Seven Oaks Road crossing identified as ODOT Crossing No. C-447.70. C. By October 31, 2017, the City shall pass a resolution requesting a jurisdictional road transfer of Bursell Road from the County to the City. 3) APPORTIONMENT FOR FUNDING section which reads: A. City shall pay all construction costs for the elimination of the Seven Oaks Rail crossing identified as ODOT Crossing No. C447-70, or some other public at - grade crossing on the Siskiyou mainline in Jackson County. The County will provide an engineered design for this closure. Intergovernmental Agreement Amendment No. I - ................. 2 B. City shall pay for all costs associated with upgrades to the Scenic Avenue crossing discussed in paragraph 2A and as identified as ODOT Crossing No. C-447.10. C. County shall pay for an engineered design for the elimination of the Seven Oaks Rail crossing identified as ODOT Crossing No. C447-70, or some other public at - grade crossing on the Siskiyou mainline in Jackson County. D. In the event insufficient funds are appropriated for the payments under this Agreement and the County has no other lawfully available funds, then the County may terminate this Agreement at the end of its current fiscal year, with no further liability or penalty to City. The County shall deliver written notice to City of such termination no later than thirty (30) days from the determination by the County of the event of non -appropriation. Shall be amended and replaced in its entirety as follows: A. City shall pay all design, right-of-way and construction costs for the elimination of the Seven Oaks Road rail crossing identified as ODOT Crossing No. C447-70. B. City shall pay, or secure state or federal grants to pay for, all costs associated with upgrades to the Scenic Avenue crossing discussed in paragraph 2A and as identified as ODOT Crossing No. C-447.10. C. County shall pay for all costs to complete asphalt patching and chip seal of Bursell Road. D. In the event insufficient funds are appropriated for the payments under this Agreement and the County has no other lawfully available funds, then the County may terminate this Agreement at the end of its current fiscal year, with no further liability or penalty to City. The County shall deliver written notice to City of such termination no later than thirty (30) days from the determination by the County of the event of non -appropriation. 4) Except as expressly amended by this Amendment, all terms and conditions of the Intergovernmental Agreement remain in full force and effect. 5) This Amendment is effective on the date that this Amendment is fully executed by the Parties. JACKSON COUNTY OREGON Danny Jordan Date County Administrator Approved as to Legal Sufficiency Sr. Assistant CountyCounsel Intergovernmental Agreement Amendment No. 1 - CITY OF CENTRAL POINT ByC)Atig OA4M Date Title INTERGOVERNMENTAL AGREEMENT IMPROVE AND ELIMINATE RAILROAD CROSSINGS This agreement is made and entered into by and between Jackson County, Oregon, a political subdivision of the State of Oregon, hereinafter referred to as "County", and the City of Central Point, Oregon, a municipal corporation, hereinafter referred to as "City". County and City are collectively referred to as "Parties". RECITALS A. In accordance with and pursuant to the provisions of ORS Chapter 190, entitled "INTERGOVERNMENTAL COOPERATION", the County is authorized to jointly provide for the performance of a function or activity in cooperation with a "unit of local government" that includes a commission or other governmental authority in Oregon. By acceptance of this Agreement, City certifies that it meets the above criteria for eligibility for such cooperation with the County. B. City has applied to the Oregon Department of Transportation ("ODOT") Rail Division for authority to construct a rail crossing (ODOT Crossing No. C-446.35) from Highway 99 to the Twin Creeks Transportation Oriented Development to the west on Twin Creeks Crossing. C. ODOT Rail Division has prepared a proposed final order authorizing construction of the crossing, with the pre -condition that County and City first enter into an agreement that results in the elimination of an existing public grade rail crossing. Based on the foregoing, the parties agree as follows: AGREEMENT 1. County Responsibilities: A. Elimination of an At -Grade Crossing. County agrees that upon completion of the upgrades by City to the Scenic Avenue rail crossing as described in City Responsibilities paragraph 2A, below, County will initiate the legal process to eliminate the Seven Oaks Road rail crossing identified as ODOT Crossing No. C- 447.70 or some other public at -grade crossing on the Siskiyou mainline in Jackson County, subject to approval by the ODOT Rail Division. 2. City Responsibilities: A. Improvement of Scenic Avenue Crossing. The existing rail crossing at Scenic Avenue and Highway 99, which is identified as ODOT Crossing No, C-447-10 is in need of upgrading. City agrees to construct the necessary upgrades to that crossing to the satisfaction of County and the ODOT Rail Division, including Intergovernmental Agreement - Jackson County / - 1 necessary elevation changes, vehicle traffic signals, and an interconnection with the crossing signals. The City will complete all engineering design, right-of-way purchase, permit acquisition, public notice and coordination, construction, and construction inspection. These upgrades will be constructed at City expense. The City will provide the County engineered plans for our review and approval prior to construction. The City agrees to begin work on such project as soon as practicable and to pursue completion with reasonable diligence. B. Elimination of an At -Grade Crossing. If the Board of Commissioners agrees to remove the Seven Oaks Road crossing identified as ODOT Crossing No. C- 447.70, or some other public at -grade crossing on the Siskiyou mainline in Jackson County, City agrees that upon completion of the upgrades to the Scenic Avenue crossing as described in City Responsibilities at paragraph 2A, City will reimburse County for the costs to eliminate said crossing. 3. APPORTIONMENT FOR FUNDING A. City shall pay all construction costs for the elimination of the Seven Oaks Rail crossing identified as ODOT Crossing No. C447-70, or some other public at - grade crossing on the Siskiyou mainline in Jackson County. The County will provide an engineered design for this closure. B. City shall pay for all costs associated with upgrades to the Scenic Avenue crossing discussed in paragraph 2A and as identified as ODOT Crossing No. C- 447.10. C. County shall pay for an engineered design for the elimination of the Seven Oaks Rail crossing identified as ODOT Crossing No. C447-70, or some other public at - grade crossing on the Siskiyou mainline in Jackson County. D. In the event insufficient funds are appropriated for the payments under this Agreement and the County has no other lawfully available funds, then the County may terminate this Agreement at the end of its current fiscal year, with no further liability or penalty to City. The County shall deliver written notice to City of such termination no later than thirty (30) days from the determination by the County of the event of non -appropriation. Intergovernmental Agreement - Jackson County / - 2 4. LIMITATIONS OF LIABILITY All parties agree that each party shall not be subject to claim, action, or liability arising in any manner whatsoever out of any act or omission, interruption, or cessation of services by the other party under this agreement. Each party shall not be liable or responsible for any direct, indirect special or consequential damages sustained by the other party to this agreement, including, but not limited to, delay, or interruption of business activities that may result in any manner whatsoever from any act or omission, interruption, or cessation of services. 5. INDEMNIFICATION Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 et seq., and Article XI, Section 10 of the Oregon Constitution, each Party to this agreement shall be solely responsible for its own actions and/or failure to act and shalt indemnify and hold the other party harmless from any liability, cost or damage arising therefrom. Provided, however, that neither party shall be required to indemnify the others for any claim, loss or liability arising solely out of the wrongful act of the others officers, employees or agents. The provisions of this paragraph shall survive the expiration or sooner termination of this agreement. 6. CONSTRUCTION, MODIFICATIONS OF THIS AGREEMENT a. This Agreement shall not become effective until all parties hereto have executed this Agreement. b. This Agreement shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the County (and/or any other County or department of the State of Oregon) and the City that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. C. Agreement Managers: i. County has designated as its Agreement Manager: John Vial, Roads and Parks Director, 200 Antelope Rd. White City, OR 97503 (541) 774-6238 viaij_n@j acksoncounty. org Intergovernmental Agreement - Jackson County / - 3 ii. City has designated as its Agreement Manager: Chris Clayton, Deputy Public Works Director, 455 S. 4a' Street Central Point, OR 97502 (541)664-1567 chrisc@ci.central-point.or.us iii. The governing bodies of City and the County may designate successor Agreement Managers in each of their sole discretion. All notices required or convenient to be given under this Agreement shall be given, in writing, or by e-mail, by the Contract Manager, directed to the other Agreement Manager. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO AND SUPERSEDES ANY AND ALL PRIOR EXPRESS AND/OR IMPLIED STATEMENTS, NEGOTIATIONS AND/OR AGREEMENTS BETWEEN THE PARTIES, EITHER ORAL OR WRITTEN, AND MAY NOT BE AMENDED, CHANGED OR MODIFIED IN ANY WAY, EXCEPT BY WRITTEN AGREEMENT SIGNED BY ALL PARTIES HERETO. Intergovernmental Agreement - Jackson County / - 4 IN WITNESS WHEREOF, the parties hereby enter into this agreement. Each party, by signature below of its authorized representative, hereby acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. Each person signing this Agreement represents and warrants to have authority to execute this Agreement. JACKSON COUNTY OREGON Approved as to Legal Sufficiency Sr. istant County Counsel Intergovernmental Agreement - Jackson County / - 5 CITY OF CENTRAL POINT By ?LvI4� r,ltiw Date 1�-ll'�009 Title C .--1 � Ir. " r �-t �' JACKSON COUNTY Roads February 11, 2010 Tom Humphrey City of Central Point 140 S. 3'd Street Central Point, OR 97502 RE: Intergovernmental Agreement Improve and Eliminate Railroad Crossings Dear Mr. Humphrey: Roads Julie Slaughter Administrative Assistant 200 Antelope Rd. White City, OR 97503 Phone: (541)774-6204 Fax: (541)774-6295 slaughja@jacksoncounty.org w jacksoncounly.org Enclosed is a fully executed Intergovernmental Agreement to Improve and Eliminate Railroad Crossings. If you have any questions or need further information, please feel free to contact me. Thank you. Sincerely, qe�t 'A Julie Slaughter Administrative Assistant Enc: I