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Home My WebLink About2007-186 Agrmt RR Grade Crossing Public Road ImprovemeotI2/041OO Estimated Costs Form Approved-A VP Law , Improvements to Existing Public Road At Grade Crossing For E Main Street, DOT 756416E M.P,428.42 Siskiyou Subdivision Ashland, OR TInS AGREEMENT, executed in duplicate this _ day of . 2007, by and between CENTRAL OREGON AND PACIFIC RAILROAD COMPANY, a Delaware cOlJlOration (hereinafter the "Railroad'~, and CITY OF ASHLAND, a mmricipal COIpOrntion of the Slate of Oregon (hereinafter the "Political Body'~, WITNESSETII: RECITALS: The Political Body bas requested the Railroad to improve the existing E. Main Street crossing, at grade, alorig, over and across the Railroad's track and right of way at Mile Post 428.42, Siskiyou Subdivision. DOT No. 756416E, in City of Ashland, Jackson County, Oregon to which the Railroad is agreeable, but solely upon terms and conditions hereinafter set forth. . AGREEMENT: NOW THEREFORE, in consideration of the premises and of the promises and conditions h=inafter set forth, the parties hereto agree as follows: I. The Railroad sball furnish all labor, material, equipment and supervision for, and sball (a) remove the existing asphalt crossing, (b) install a 80 ft. +- precast concrete crossing, (c) field weld rail. (d) relay track at crossing with 136## rail, (e) renew the crossties, and (f) surface the track with new ballast, all at the intersection of the Railroad's mam liDe Siskiyou Subdivision with E. Main Street at Mile Post 428,42 in Ashland, Jackson County, Oregon, as shown generally on Political Body's print sheet No.3, marlced Exhibit A,'hereto attached and hereby made a part hereof. 2. The Political Body agrees to reimburSe the Railroad for one hundred perceut (100%) of Railroad's actua1labor and m~al costs associated with the work and materials described in Section I above. The Railroad estimates such cost to be One Hundred Fourteen Thousand One Hundred and Twenty-five Dollars ($114,125.00), as set forth in Estimate dated June 20, 2007 JIIlIrkcd Exhibit B, hereto attached and hereby made a part hereof. During the pCrformancc of such work the Railroad will provide progressive billing to Political Body based on Railroad's actual costs. Actual costs to the Railroad shall include customary additives to materials, services and labor provided by the Rai1road. Within 120 Days after Railroad bas completed its work, the Railroad will submit a final billing to Political Body for any ba\ance owed. Political Body shall pay the Railroad within thirty (30) days of its receipt of all bills submitted by the Railroad. ) 3. The Railroad, at its cost, shall maintain the crossing between the track tie ends. If, in the future, the Political Body elects to have the surfacing material between the track tie ends replaced with paving or some surfacing material other than timber planking, the Railroad. at the Political Body's expense, shall install such replacement swfacing. 4. The Political Body, at its sole cost and expense, sbaIi provide any/all traffic control including full road closure, barricades, and aU detour signing for the crossing work, provide all labor, material and equipment to instaU concrete or asphalt street approaches, sawcut roadway, and if required, will install advanced warning signs, and pavement marlcings in compliance and conformance with the Manual on Uniform Traffic Control Devices. c.~_~- e.......d~1IPfII,dgt I Public Road Improvement 12104/00 Estimated Costa Form Approved-A VP Law 5. If Political Body's contractor(s) is/are pcrfmming any WcnK described in Section 4 above, then the Political Body shall require its contractor(s) to execute the Railroad's standard and current form of Contraclor's Right of Entry Agreement. Political Body acknowledges receipt of a copy of the Contractor's Right of Entry Agr=ent and understanding of its tetms, provisions, and requirements, and will inform its contractor(s) of the need to cxecute the Agreement. Under no circumstances will the Political Body's, contractor(s) be allowed onto the Railroad's premises without first executing the Contractor's Right of Entry Agreement 6. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importancc since any break could disrupt service to users resulting in business intcmJption and loss of revenue and profits. Political Body or its contractor( s) sba11 telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central Tune, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour number, 7 day number for emergency calls) to determine if fiber optic cable is 'buried anywhere on the RaiIroad's premises to be used by the Political Body or its contractor(s). If it is, Political Body or its contactm{s) will telephone the telecommunications company(ics) involved, aIrange for a cable locator, and. make amingements for relocation or other protection of the fiber optic cable prior to b€lginning any WOIk on the Railroad's premises, 7. The Political Body, for itself and for its successors and assigns, hereby waives any right of llSl'~ against the Railroad, as an adjacent property owner, for any and all improvements made under this agT""""- 8. Covenants herein shall inmc to or bind each party's SUCCesSOIS and assigns; provided, no right of the Political Body shall be 1ranSfer:red or assigned, either voluntarily or involuntmi1y, excqrt by '"'iJ'...,$ written agreement acceptable to the Railroad. 9. The Political Body shall, when returning this agrecme.nt to the Railroad (signed), cause same to be accompanied by such Order, Resolution, or Qrmnonr'il of the governing body of the Political Body, passed and approved as by law prescribed, and duly certified, evitlP.t'lC':ing the authority of the person executing this agreement on behalf of the Political Body with the power so to do, and which a1so will certify that funds have been appropriated and are available for the payment of any sums herein agreed to be paid by Political Body. . IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date and year first hereinabove written.. . CENIRAL OREGON AND PACIFIC RAILROAD By Title: ATTEST: CITY OF ASHLAND City Clerk By Title: Pursuant to Resolution/Order dated hereto attached. ~.-I~r...,o.-adE.","",.~~ 2 <:: .. ... "f <.>." " . "'s ..... .!!< ci =..: Z e= CI: ....u.= r:.l Nf-oU) 53 ~O.e o ~@i " i ~ ~ . 1 - i ; ~: i ~i~ ~ i a~} !~ i ! , . !' 8 ~14 8ij a~ "'51 a. I . ~! . t i~Ji ~a~ ~e la IE i:1 J; . ~i "t 5 _.~4 rd H a4 a. ~.~ -- t .'4 ~ ~ ~i ~~.! alJ :$ !g ~t J!' ~! 1 ~~ j J j !~ Jl:~ ~~J l~ l~ l~ i~~ j~ ! !~ 0e80 e e 0 e e @ @ @@ M '" ... o '" <> ) ~ i ~ ~ . ., a~ 'II . II ! l.j . II, . ,- ~lh ~lll ~... ~~ I 1.1 Hili L. ~. ~p iiii! !, ~: ~ ~ 1 J 11 .. . ,'0 i- 1"\ * d _d d* u- .- -- dd -- Sd d u: ~d d- -~ -:: :- - ~ .~ Ii ~ ~ 9 ! "'U" 3+ : ~ ; ;~ it 1/' s tj . / ;,0/ T , .' .. . . . , . . . I . 1/ i. I. , ~ ~ I .. . : 1...--!:---L-_ - l~. I . ~ w' zl .:; , ~ ! . t- ~. .9UO ~~I'WII;~ ... ... ~ ,f~ {, ~. " STA.""" lffiO.DO BEG/IIIt}1IS OF PRtJJE.CT' ! , ?' --..." --...,. ~ =r , I :l ! ~ ~ ~ ;; ~ o o <t -r )- -D , 3- ~ - ~ ~ g ~ N " l . ~ <:; . ~ .. ,. - . g ,; .~ . CENTRAL OREGON & PACIFIC RAILROAD, INC. it Palrick A. Kerr Ass!. Ocncml Mm1ager-Engiaeering 333 S.B. Mosher AvCllDC' Roseburg, OR' 97470' Pbonc: 541.9572509' Fax: 541.9573m June 20, 2007 Paula Brown, PE . Public Works Director City Engineer City of A.hl.nil 20 E. Main Street Ashland, OR 97520 RE: proposed new concn:te crossing surface improvements to E. Main Street, 'MP428.42, DOT 7564l6E, Siskiyou Subdivision, City of Ashland Oregon Mrs. Brown,. Per your request the estimated cost for the proposed crossing improvements to E. Main Street, MP-428.42, DOT 7564l6E, Siskiyou Subdivision, City of .,A.hhmil Oregon . is below. The proposed improvements include but are not limited to; u:pgnide the existing main line crossing surface from asphalt to new concrete surfiwe including sidewalk requirements. . . If the City approves of this estim:rt.... cost for this project, please send me a fetter of concurrence so we can continue to process this project for a fina1 agreement This . estimate does not include any permits, paving and traffic control by others including full road closure by others or any real estate requirements. CfOSIling Surface work $114,125 If you have any questions, please contact me directly at 541-957-2509. Sine Patrick Ketr~ Asst General Manager-Engineering ~"" = ~tll A RailAmerica Company ZXk~b~-+ E_ _~ Dregon . :.' , .Tl1e"j"w R. 1(1IIun~"s~L G.w.m." March 20, 2006 Department of Transportation Rail Division 555 13th Street NE, Suite 3 Salem. OR 97301-4179 Telephone (503) 986-4321 FAX (503) 986.3183 1TY (503) 986-3416 TO ALL PARTIES File Code: RX 1223: In the Matter of the Alteration of Two Railroad-Highway Grade Crossings at East Main Street and Tolman Creek Road and CENTRAL OREGON & PACIFIC RAILROAD (CORP), Siskiyou Subdivision, in Ashland, Jackson County, Oregon. Enclosed is your copy of final Order No. 50367, granting the legal authority to construct, alter or close a public crossing in the above-cited matter. This Order is a compliance document, the terms of which are binding upon the affected road authority(s) and railroad(s) and enforceable, if necessary, in a court of law. All parties are requested to distribute copies of the Order to all persons in their agency or company who are involved in the project as supervisors, contractors and quality assurance inspectors. If the project supervisor should change, please assure that a copy of Order No. 50367, and the importance of its provisions, is provided to the new project manager and inspectors. Please monitor the construction to ensure ongoing compliance with the Order. Order No. 50367 requires that all parties provide written notice of completion of the project to the Rail Division. Upon receipt of this notice, Rail Division Staff will carefully inspect the project for compliance with the Order. A"y deficiency or non-compliance item(s) found by Staff will be sent to the party responsible for installation/maintenance of that item. Rail Division does not consider a project complete until it passes final inspection for full compliance with the Order. For most projects, the applicant has the major burden of quality control as they are bearing the costs of construction, installation of traffic control devices, etc. Parties are welcome to invite me to the pre-construction meeting (advance notice preferred), or call me with questions. I wish you a successful project completion, in hopes that it will promote the safety of our citizens at railroad-highway crossings. '.~mes Senior Crossing Specialist (503) 986-4095; Fax (503) 986-3183 E-mail myron.l.ameson@odOl.state.or.us Enclosure: Copy of Order No. 50367 G:\WG_RAIL\Mt.A\RXSl TRS\RXt223slllt 031006 doc Form 735-9203 (03-04) ~ ORDER NO. 50367 ENTERED March 17. 2006 ODOT CROSSING NO. C-426.90 U.S. DOT NO. 756412C (Tolman Crk Road) ODOT CROSSING NO. C-428.42 U.S. DOT NO. 756416E (Main Street) BEFORE THE OREGON DEPARTMENT OF TRANSPORTATION RX 1223 In the Matter of the Alteration of Two ) Railroad-Highway Grade Crossings at East Main ) Street and Tolman Creek Road and CENTRAL ) OREGON & PACIFIC RAILROAD (CORP). ) Siskiyou Subdivision, in Ashland, Jackson County, ) Oregon. ) ORDER On November 18, 2004, City of Ashland made application under ORS 824.206 seeking authority to alter the subject grade crossings. On February 22, 2005, applicant amended ns application. The affected railroad is CORP. The public authority in interest is applicant. Rail Division staff has investigated the amended application. By letter dated August 1, 2005, staff served the application and Proposed Final Order (PFO) for all parties to review and acknowledge their agreement. On August 23, 2005, CORP objected to the PFO. On November 14, 2005, Rail Division received a second amended application from City of Ashland. By letter dated December 28, 2005 staff served the amended application and RPFO for parties to review and acknowledge their agreement with ns terms. All parties in this matter have agreed that the proposed crossing alterations are required by the public safety, necessity, convenience and general welfare. Therefore, under ORS 824.214, the Department may enter this Order without hearing. Applicant proposes to alter the grade crossings at East Main Street (C-428.42) and Tolman Creek Road (C-426.90). The propo$al includes the construction of sidewalks and bike lanes at East Main and replacement of the guardrail in the southeast quadrant with 50 feet of standard curb at Tolman Creek Road. The Appendix to this Order, pages 1 & 2, depict the scope of the proposed alterations to the crossings. There is a daily average of two freight trains and two swnching movements over the crossings at a maximum authorized speed of 20 miles per hour. There have been no reported train-vehicle collisions at the crossings within the past 10 years. ORDER NO. 50367 / From the foregoing, the Department finds that the requested crossing alterations are required by the public safety, necessity, convenience and general welfare.. The application should be granted upon the foilowing terms. IT IS THEREFORE ORDERED that: 1. The authority to alter the crossing is granted. No authority to establish a Quiet Zone is granted by this Order. 2. Applicant shail: a. At the East Main Street crossing, as set forth below, reconstruct and maintain the sidewalks and that portion of the crossing lying outside lines drawn perpendicular to the end of ties to accommodate the roadway configuration and sidewalks depicted in the Appendix to this Order, page 2, and bear ail the costs. The roadway approaches shail comply with OAR 741-120-0020. \ b. At the Tolman Creek Road crossing, as set forth below: (1) Remove previously ordered guardrail in the southeast quadrant of the crossing. (2) Fumish, instail and maintain standard curb adjacent to the existing automatic signals in the southeast quadrant at the crossing, and bear ail the costs. The curb shall be constructed according to OAR 741-110-0030(7) and shall commence not less than 10 feet from centerline of nearest track and extend at fuil height not less than 50 feet in advance of the automatic signals. c. Bear all the cost of work items listed in paragraphs 3.a., below. 3. Central Oregon & Pacific Railroad shall: a. At the East Main Street crossing subject to reimbursement by applicant, construct that portion of the crossing lying between lines drawn two feet outside each rail to accommodate the roadway configuration and sidewalks, as depicted in the App.endix to this Order page 1. b. Notify the Rail Division of the Department in writing or by facsimile transmission not less than fIVe working days prior to the date that the ordered automatic signals wiil be activated and placed in service. 4. Each party shall notify the Rail Division of the Department in writing upon completion of its portion of the project. 2 ORDER NO. 50367 All previous Orders of the Public Utility Commission or the Department relating to the subject grade crossing, not in conflict with this Order, remain in full effect Made, entered, and effective (53/; JI t!o ~-- K~~ Ral Division Administrator G:\WG_RAIL\XORDERS\RX 1223APFOAshlandCorridor120105.doc 3 ~ M 0 ~ It) ClO g q U ~ I 0 = = ~Z 0 MllII U .... a = t. 0 ..cI ~ t ~ <:I rn e .. " ... ....Ub';, ,~ -g M....rn-g ~o,~~ .. =- ~@:g< ~ . -+- Lf) c 0- o 2: -+- (f) o w , , , , , , , . .. , /~"/ .' ''/ ice \ , i I i I . , ~ .I .' , \. 'f:-. ~: "'" ~/ ~ 'Or , .: . x ~ , , ~I ~! I f , if I f ,/ / I Ii r / f / j / , I I / , I I'l I /; / I , ~ Ii I ' ff, I .' /; 'I--. . I ~I'/ 0 /, / . ~ / () / c // 1'/1 ' / (I' t..C' , '-1-..0 , , . g ~ ~ ~ . <> gE x . . ~ 0 , - u '. , i , i ., ,. ~! , i , , i , i ., , / ,. /"7t .11 /'1 '/ . 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