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HomeMy WebLinkAbout2011-309 Agrmt - Central OR Railroad - Laurel St Public Road Improvement 11/01/11 Fstunated Costs Form Approved-AVP law Improvements to Existing Public Road At Grade Crossing For Laurel Street,DOT 756221S M.P. 429.69 Siskiyou Subdivision Ashland,OR THIS AGREEMENT, executed in duplicate this day of 2011 by and between CENTRAL OREGON AND PACIFIC RAILROAD COMPANY, a Delaware corporation(hereinafter the "Railroad"), and CITY OF ASHLAND, a municipal corporation of the State of Oregon(hereinafter the"Political Body"),WITNESSETH: RECITALS: The Political Body has requested the Railroad to improve the existing Laurel Street crossing, at grade, along, over and across the Railroad's track and right of way at Mile Post 429.69, Siskiyou Subdivision, DOT No. 756221 S, 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 hereinafter set forth,the parties hereto agree as follows: 1. The Railroad shall furnish all labor, material, equipment and supervision for, and shall (a) remove the existing asphalt crossing, (b) install a [ 162.5 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 main line Siskiyou Subdivision with E. Laurel Street at Mile Post 429.69 in Ash land, Jackson County, Oregon, as shown generally on Political Body's print sheet No._3_1 marked Exhibit A,hereto attached and hereby made a part hereof, 2. The Political Body agrees to reimburse the Railroad for one hundred percent(100%)of Railroad's actual labor and material costs associated with the work and materials described in Section.I above. The Railroad estimates such cost to be Two Hundred Fifteen Thousand Four Hundred Eighteen & 74/100 Dollars ($ 215.418.74 ), as set forth in Estimate dated 02/08/2011_ marked Exhibit B, hereto attached and hereby made a part hereof. During the performance 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 Railroad. Within 120 Days after Railroad has completed its work,. the Railroad will submit a final billing to Political Body for any balance 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 sonic surfacing material other'than timber planking,the Railroad, at the 1 Public Road Improvement 11/01/11 Estmated Costs Form Approved-AVP Law Political Body's expense,shall install such replacement surfacing. 4. The Political Body, at its sole cost and expense, shall provide any/all traffic control including full road closure, barricades, and all detour signing for the crossing work, provide all labor, material and equipment to install concrete or asphalt street approaches, sawcut roadway. and if required, will install advanced warning signs, and pavement markings in compliance and conformance with the Manual on Uniform Traffic Control Devices. 5. If Political Body's contractor(s) is/are performing any work described in Section 4 above, then the Political Body shall require its contractor(s) to execute the Railroad's standard and current form of Contractor's Right of Entry Agreement Political Body acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms,provisions, and requirements, and will inform its contractor(s) of the need to execute 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 importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body . or its contractor(s)shall telephone the Railroad during. normal business hours (7:00 a.m, to 9:00 p.m, Central Time, 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 Railroad's premises to be used by the Political Body or its contractor(s). If it is, Political Body or its contactor(s) will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. 7. This Agreement shall commence upon execution of this Agreement by both parties and shall continue for 200 calendar days,subject to prior termination by either party for default by the other. 8. The Political Body,for itself and for its successors and assigns,hereby waives any right of assessment against the Railroad, as an adjacent property owner, for any and all improvements made under this agreement. 9. Covenants herein shall inure to or bind each party's successors and assigns; provided, no right of the Political Body shall be transferred or assigned, either voluntarily or involuntarily,except by express written agreement acceptable to the Railroad. 10. The Political Body shall, when retuning this agreement to the Railroad (signed), cause same to be accompanied by such Order, Resolution, or Ordinance of the governing body of the Political Body, passed and approved as by law prescribed, and duly certified, evidencing the authority of the person executing this agreement on behalf of the Political Body with the power so to do,'and which also will certify that funds have been appropriated and are available for the payment of any sums herein agreed to be paid by Political Body. 2 Public Road Improvernmt 11/01/11 Fsti nated Costs From Approved-AVP law IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement as of the date and year fast heremabove written. CENT O CIFIC RAILROAD By: l Title: 1 CITY OFAS AND By: City Clerk Title: MA N or Pursuant to Resolution/Order Dated 12011 hereto attached. 3 Public Road Improvement 11/01/11 Estunafed Casts Fono Approved-AVP Lam Exhibit A CORPGC10015 , Grade Crossing Surfacing Reconstruction MP.C-429.69 Ashland,OR • s A '!�>> s Print Date:04/12/2011 11511 U Iffl, IM III VIA It FA It 14 1 1 it 0000 0 C O C N C O 0 800 ® 0© . 1 ffkw mrs +3.1 niq gg a ff oil = � 4 � yl$ i!' � •' �. / _ � 1.1 f+e�l - g a r . Cr f133tl1513tlM1 ----�bo-o_: _ b.�jt• 11.00 � � �~ V � I9 a mw�fw 4