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HomeMy WebLinkAbout2008-153 Agrmt - Central OR & Pacific Railroad Permit No. CORP OSOS21 A Page 1 of 8 CONTRACTOR OCCUPANCY/ACCESS AGREEMENT This Agreement (hereinafter "Agreement") made this June 18.2008. by and between CENTRAL OREGON & PACIFIC RAILROAD. INC_ its successors, assigns or affiliated companies (hereinafter "RAILROAD"), whose address is 333 S.E. MOSHER. P.O. Box 1083. Rosebu~. OR 97470, and CITY OF ASHLAND (hereinafter "CONTRACTOR"), whose address is 20 E. Main St. Ashland. OR 97520. WITNESSETH: 1. Upon payment ofa ODe time fees of$I.500.00. and compliance with the provisions herein contained, RAILROAD hereby permits CONTRACTOR to enter the property of RAILROAD, at or near Mile Post 428.42. at or near the Town of Ashland. in the County of Ja~kson. State of Or~on, for purpose of installation, maintenance, renewal or removal (hereinafter referred to as "WORK"h of an A~~ess To ImDrove Railroad Crossin~ And Re~onstrud Street Aooroaches To Bicvcle And Pedestrian Crossin~ (hereinafter "Structure"~ Said permit is granted for a period not to extend beyond sixtY (60\ days from the date of exe~ution or this A~reement bv RAILROAD. Provided, however, this permit may be cancele.d by RAILROAD at any time CONTRACTOR is deemed by RAILROAD not to be in compliance with any of the terms herein. 2. The tenn "Contractor" shall be used to identify the party that will perform the WORK as described in Section I, whether or not Contractor is signatory to CORP 080S2tA. If Contractor is other than CITY OF ASHLAND, Contractor warrants to RAILROAD that Contractor (hereinafter. termed "Third Party"h has entered into a "Contract" with CITY OF ASHLAND covering the WORK to be performed in connection with Structure at said 1ocation(s), being Mile Post 428.42. 3. As additional consideration, CONTRACTOR agrees to reimburse RAILROAD for all cost and expense incuqed by RAILROAD in connection with the WORK. Such costs and expenses shall include, but are not limited to, furnishing of inspectors, watchmen and flagmen as RAILROAD deems necessary to protect its property, tracks, engines, trains and cars and the operation thereof: the installation and removal of any necessary falsework beneath the tracks of RAILROAD and the restoration of RAILROAD property. No vehicular crossing over RAILROAD'S tracks shall be installed or used by CONTRACTOR without prior written permission ofR1\ILROAD. . 4. CONTRACTOR shall give RAILROAD at least five (5) days' notice in advance of any work done upon or adjacent to RAILROAD property under this Agreement CONTRACTOR shall notify RAILROAD General Manager at 333 S.E. Mosher, Roseburg, Or 97470, phone (541) 957-2509, in advance of the start of the WORK, give the General Manager notification of the date said WORK is completed, and also the date the Contractor's work is accepted by Third Party. Upon completion of the WORK, CONTRACTOR shall promptly remove from RAILROAD property all tools, equipment and materials placed thereon by CONTRACTOR and CONTRACTOR'S agents. CONTRACTOR shall restore RAILROAD property to the same state and condition as when CONTRACTOR entered thereon and shall leave said property in a clean and presentable condition. CONTRACTOR, after completion of construction or termination of work, at its, sole cost, hereby agrees to restore in a good and workman like manner all property disturbed by CONTRACTOR use or construction or maintelWlCe activities from the date of execution of this document. Said restoration shall include, but not be limited to, any and all harm, damage or injury done to RAILROAD property and/or to any other public or private property by acts or occUrrences subject to Federal, State or local environmental enforcement or regulatory jurisdiction, and shall include necessary and appropriate testing and cleanup. 5. CONTRACTOR'S work shall be performed in accordance with plans and specifications approved by RAILROAD and in such manner and at such times as shall not endanger or interfere with the safe operation of the tracks and other facilities of RAILROAD at said location. No materials, tools or equipment shall be stored within ten (10) feet of the centerline of any track. The regulations of RAILROAD and the instructions of its representatives shall be complied with relating to the proper manner of protecting the tracks, pipelines, wire lines, signals and all other property at said locati~, the traffic moving on such tracks and the removal of tools, equipment and materials. Provided, no bailment shall be created by the . storage of any materials, tools or equipment on RAILROAD property. 6. Before said WORK, CONTRACTOR shall, at its sole cost and expense,obtain all necessary authority from any public authorities having jurisdiction in the premises, and shall thereafter observe and comply with the requirements of such public authority or authorities and all applicable laws and regulations. CONTRAcrOR shall secure written approval by RAILROAD of plans and/or specifications submitted to RAILROAD prior to the commencement of any WORK. Permit No CORP 080521 A Pace 2 or 8 7. The Structure shall be installed at the sole risk, cost and expense of CONTRACTOR, in accordance with American Railway Engineering Association Specifications or other Industry Standard Specifications as may apply or be appropriate for the use intended. Said specifications are incorporated herein and made a part hereof by reference. Approval of plans or completed work by RAILROAD'S designated representative shall not, in itself, be considered acknowledgment that said project is in confonnity with said standards. 8. CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS RAILROAD, RAILAMERICA, INC., ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITIES OF EVER.Y KIND (INCLUDING REASONABLE ATIORNEYS' 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 our OF OR IN CONNECTION WITH ANY WORK DONE, ACTION TAKEN OR PERMITTED BY CONTRACTOR, ITS SUBCONTRACTORS, AGENTS OR EMPLOYEES UNDER THIS CONTRACT. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH CONTRACTOR AND .RAILROAD, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH INDEMNIFIES RAILROAD FOR ITS OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ACTIVE ORPASSIyE, OR IS THE SQLE OR A CONCURRING-CAUSB OF mE INJURY,DEATH OR DAMAGE; PROVIDED THAT SAID INDEMNITY SHALL NOT PROTECT RAILROAD FROM LIABILITY FOR DBA TH, INJURY OR DAMAGE ARISING SOLELY our OF THE CRIMINAL ACTIONS OF RAILROAD, ITS' OFFICERS, AG~ AND EMPLOYEES. IT IS STIPULATED BY THE PARTIES THAT RAILROAD OWES NO Dury TO CONTRACTOR, ITS CLIENT, OR TIlEIR DIRECTORS, OFFICERS, EMPLOYEES AGENTS OR INVITEES, TO PROVIDE A REASONABLY SAFE WORK PLACE AND THAT ALL PARTIES ENTERING ONTO RAILROAD PROPERTY DO SO AT THEIR SOLE RISK. 9. Should RAILROAD bring suit to compel performance of or to recover for breach of any covenant or condition contained herein, CONTRACTOR shall pay to RAILROAD reasonable attorneys' fees in addition to the amount of judgment and costs; 10. Prior to the perfonnance of any work upon or adjacent to RAILROAD'S property under this Agreement: (a) CONTRAcrOR shan furalsla RAILROAD," at CONTRACTOR expease, . certified copy of a public liablUty aad property damage Uability lasaraace policy Issued ia the name of CONTRACTOR. coveriag the contractual liablUty assumed by CONTRACTOR UDder Section 8 laereof. ne form, substaDce and limits or said iDsuraDce policy shaU be subject to the approval or RAILROAD aDd shaU be iD compliaace with the provisloDS CODtalaed iD the iDsert marked Exhibit "A", hereto attached aad made a part hereor. (b) CONTRACTOR shan furalsh RAILROAD, at CONTRAcrOR expease, a certificate or Worken Compeasatioa coverage, ladudiag Federal Employee Uability Act coverage if appticable, for Its worken aad subcoatracton la accordaDce with the requirements of the State or States ia whICh said workls to be performed. (c) CONTRACTOR shan furals" a policy of Railroad Protective coverage fa the amouat or Two millioa and no/lOO dollan ($2,000,000.00) per occurreace, Six mUtioD aad ao/lOO donan (S6,OOO,OOO.OO) aggregate with named iasured as .outliaed la CONTRACTOR OCCUPANCY/ACCESS AGREEMENT, Exhibit "A". WARNING: ONLY A POLICY QF MILRO~D PRO~VE INSURANCE WJ{ICH SPq;IFI~LLY NAMES CENTRAL OREGON &: PACIFIC RAILROAD. INC. AND RAILAMERICA. INC.. ALJ THE INSURED PARTIES IS ACCEPTABLE AND A COpy OF SAID POLICY MUST BE RECEIVED PRIOR TO THIS PERMIT BEING APPROVED ON BEHALF OF RAILROAD. CONTRACfOR shall keep said insurance in full force and effect until all work to be performed upon or adjacent to RAILROAD property under said contract is completed to the satisfaction of and accepted by Third Party and thereafter until CONTRACfOR has fulfilled the provisions of this agreement with respect to the removal of tools, equipment and materials from RAILR.OAD property. Said policy shall name RAILROAD as additional insured. 11. The pennission herein given shall not be assigned by CONTRACfOR without the prior written consent of RAILROAD, except in the case of subcontractors who shall be deemed agents of CONTRACTOR, subject to the terms of this Agreement. RAILROAD Requirements for CONTRACTOR working on RAILROAD Right-of-Way are attached as Permit No CORP O8OS21 A P.Ce3 of 8 CONTRACfOR OCCUPANCY/ACCESS AGREEMENT, Exhibit "8" and made a part hereof. Failure to comply with all of said requirements shall be grounds for cancellation of this Agreement at the sole option of RAILROAD. 12. CONSTRUCTION PROVISIONS: ID relatiOD to RAILROAD'S track aDd RAILROAD operatioas: a. CONTRACTOR warraDts It wiD place DO bore pit closer thaa 2S feet from the ead or the ties or the Dearest track, as measured at right aagles from said track; that an or tbe lines to be iDstalled UDder RAILROAD'S track shan be a miaimum or five feet six iaches below tbe base or tbe rail; that carrier pipe(s) aad/or wire liaes shall be encased ia Steel CasiDI Pipe ia accordaDce with the attached CONTRACTOR OCCUPANCY/ACCESS AGREEMENT, Exbibit "0" casing criteria attached hereto; aad that casing shall exteDd a minimum or 2S reet rrom the center line or the outside track on each side or said crossing, measured at a right angle to said track. b. CONTRACfOR shaU be solely liable for locatioa and protectioa or aay subgnde railroad sigDal wires or otller railroad racUities, whic" may be Impacted by CONTRACfOR WORK. If same shall be damaged by said WORK, Coatractor shaU, at its OWD expeut, imIQediately cause said damage to be corrected. COIltractor shall be solely liable to RAILROAD for aay aad aU costs resultiag for aoy InterruptlOD of trala service resultiag from CONTRACTOR WORK. c. Said provisioas slaaU prevail over a.y lesser provisioa or staadant set out for occupaacy or adjoialag or uaderlyiog laods. THIS AGREEMENT IS hereby declared to be binding upon the parties hereto. IN WITNESS WHEREOF, the undersigned have hereun~ set 1heir hand and seals this 20_. day of WITNESS RAII.ROAD CENTRAL OREGON " PACIFIC RAILROAD, INC. by: Wayne F. Aneel Director Rail Prq>>erties as: Contractor for Railamerica. Inc. &. Affiliate Railroads Signed: CONTRACTOR CITY OF ASHLAND its: JV70 Tr'''OO YJ by: Signed: ., - ----- Permit No. CORP 080521 A Page" or 8 CONTRACTOROCCUPANCY/ACCESSAGREEMENT EXHIBIT" A" 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. INC.. covering work to be perfonned upon or adjacent to its property Mile Post mAl:t, quoted hereinbelow for convenience: CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS RAILROAD, RAILAMERICA, INC., .ITS 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 A lTORNEYS'. 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, AcrION TAKEN OR PERMllTED BY CONTRAcrOR, ITS SUBCONTRAcrORS, AGENTS OR EMPLOYEES UNDER THIS CONTRAcr. . t-IS" THE EXPRESS INTENTION OF THE PARTIES HERETO, BOrn CONTRACTOR AND RAILROAD, THAT nIE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH INDEMNIFIES RAILROAD FOR ITS OWN NEGLIGENCE, WHElHER THAT NEGLIGENCE IS ACTIVE OR PASSIVE, OR IS THE SOLE OR A CONCURRING CAUSE OF nIE INJURY, DEATH OR DAMAGE; PROVIDED nIA T SAID INDEMNITY SHALL NOT PROTEcr RAILROAD FROM LIABILITY FOR DEATH, INJURY OR DAMAGE ARISING SOLELY OUT OF nIE CRIMINAL AcrlONS OF RAILROAD, ITS OFFICERS, AGENTS AND EMPLOYEES. IT IS .sTIPULATED BY THE PARTIES THAT RAILROAD OWES NO DUTY TO CONTRAcrOR, ITS CLIENT, OR THEIR DIREcrORS, OFFICERS~ EMPLOYEES AGENTS OR INVITEES TO PROVIDE A REASONABLY SAFE WORK PLACE AND THAT ALL PARTIES ENTERING ONTO RAILROAD PROPERTY DO SO AT THEIR SOLE RISK. " 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 in jury 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. No canceUatioD of this policy or modificatioD of the coverage afforded UDder this endorsement shall be effective until ten (10) days' notice thereof bas been given to: RailAmerica, Inc., Attn.: Property Management Dept., 5300 Broken Sound Blvd., NW, Boca Raton, FL 33487, Facsimile (561-226-6907) The policy as required in section 100a) of the Agreement shall name RAILROAD as an additional insured. The policy as required in section 1O(b) shall name RAILROAD and affiliates as listed below as additional insured with respect to F.E.L.A. coverage, and/or if applicable under the laws of tile State in which the work is performed. The policy as required in section 100c) shall name Central Or~on -" Pacific Railroad. Inc. and RaUAmerica. Inc_ as insured. RAILROAD requires that each Insurance Carrier providing coverage must be all Admitted CompallY ill tbe State for which this Agreement Is written and have an A.M. Best rating of "A'" or better and a financial class rating of 10 or better. Permit No CORP 080521 A Page 5 or 8 CONTRACTOR OCCUPANCY/ACCESS AGREEMENT EXHIBIT "B" RequiremeDts for Contractors working on RAILROAD Right-or-\Vay: A. In order to protect RAILROAD'S investment in its right-of-way and for the safety of persons coming onto RAILROAD property, RAILROAD has estabJished certain requirements. The following constitute minimum requirements for all persons coming on or near RAILROAD right-of-way. CONTRACI'OR is encouraged to develop their own safety rules that meet or exceed the following rcquilQJlents. CQNTRJ\CTQB. willlloll!ll allQwed lQ occqpy 0{ worfc OIl ~1l..~OAP. deht-of-way Jl(ior to signine and datine this Aereement and retumine it to the RAILROAD contact person n~ted her in B. All pennits and agreements must be in effect, required payments made and insurance certificates received and approved prior to CONTRACI'OR entering RAILROAD right-of-way. Insurance must remain in effect dwing the entire project. C. Any dewatering utilizing drains or ditches on RAILROAD property must be approved by RAILROAD. D. CONTRACI'OR must have approved "Construction Plans" prior to commencing work on a project. No changes will be made to "Construction Plans" without approval by all parties involved. Approved revised plans will be furnished to all parties prior to implementation of changes. . E. CONTRACI'OR will incur all costs for track work, including flagging, etc., made necessary due to the WORK. All fees incurred by CONTRACI'OR must be paid within 30 days of receipt of invoice from RAILROAD. Failure to pay invoice within 30 days of receipt CONTRACTOR will be assessed an additional late fee of 20%. F. Pursuant to Federal Regulation, flagging protection is always required when equipment crosses or is working within 25 feet of center of any live track. When deemed necessary by RAILROAD, a flagm.... may be required 8t all times whlle w()!'lri'!g on RAILROAD right-of-way. G. Crossing of any RAILROAD tracks must be done at approved locations and must be over full depth timbers, rubber, etc. Any equipment with steel wheels, lugs or tracks must not cross steel rails without aid of rubber tires or other approved protection. H. If temporary construction crossings are necessary, they must be covered by a Private Roadway and Crossing Agreement, and must be banicaded when not in use. A Private Roadway and Crossing Agreement is prepared by RAILROAD under the same general terms as this Agreement. I. CONTRACI'OR must furnish details on how CONTRACI'OR will perfonn work that may affect existing drainage and/or possible fouling of track ballast as well as removal of overhead bridges/structUres. (Structures and bridge spans over tracks must be removed intact). J. Absolutely no piling or construction materials or any other material, including dirt, san~ etc., within 15 feet of center on any secondary track (25 feet of Main Line and siding tracks) or on property of RAILROAD not covered by an existing Construction Easement, pennit, lease or agreement. A 10' clear area on both sides of a main track must remain unobstructed at all times to allow for stopped train inspection. K. (a) All bore pits must be a minimum of25 feet from the nearest outside rail of any track, measured at a 90 degree angle to said track and all undertrack bores shall be no less than six feet below the bottom of the ties. . (b) No construction will be allowed within 15 feet of center of any track unless authorized by RAILROAD and as shown on plans approved by RAILROAD. This includes any excavation, slope encroachment and driving of sheet piles. L. No vehicles or machines shall remfin unattended within 15 feet of a secondary track or within 25 feet of a Main Line track. M. Should CONTRACTOR in any way interfere with RAILROAD operations or damage property during construction operations over RAILROAD'S tracks and right-of-way, CONTRACI'OR, upon demand by RAILROAD to CONTRACfOR Permit No. CORP O8OS21 A Page 6 of a and/or Client, shall immediately stop work on RAILROAD'S right-of-way for a period of not less than 48 hours to allow RAILROAD to investigate. Any necessary repairs shall be made by RAILROAD at CONTRAcrOR'S sole cost and expense. No work will proceed until authorized by RAILROAD. N. CONTRACfOR'S safety rules, including rules regarding personal Safety Equipment, must not conflict with RAILROAD safety policies or rules. O. Articles included in any agreement with RAILROAD, which complement this document or exceed its contents, include CONTRAcrOR OCCUPANCY/ACCESS AGREEMENT, Exhibit"C'. CONTRACTOR'S ACKNOWLEDGMENT: WORK SITE- LOCATION )< d ,. ~ Address: OOZD IZ. VIOl"",] =sf Town: .,lJ.5hIOrltd State: /) R. Project No. COA Z (jC';<l- /5"" A RAILROAD CONTACT PERSON: CENTRAL OREGON Ie PACIFIC RAJI.ROAn.l~r. MR.PATRICKKERR NAME ASSISTANT GENERAL MANAGER TITLE P.O. Box 1083 333 S.E. Mosher ADDRESS Roseburg, Or 97470 CITY, ST ATE, ZIP (541) 957-1509 TELEPHONE NUMBER (541) 957-3731 FAX NUMBER Pennit No. CORP 080521 A Pice 7 of I CONTRACTOROCCUPANCY/ACCESSAGREEMENT EXHIBIT "C" Statement of Conditions wben Flagmen, Protective Services and Devices or other appropriate personnel will be furnisbed by RAILROAD at sole expense of CONTRACTOR: A. RAILROAD flagmen will be required for, but not limited to, the following conditions: 1. When, in.the sole opinion of RAILROAD, protection is necessary to safeguard RAILROAD'S trains, engines, facilities and property. 2. When work is performed, in any way, over, under, or in close proximity to tracks or any RAILROAD facilities. 3. When work in any way interferes with the operation of trains at usual speeds or threatens, damages, or endangers track or RAILROAD facilities. 4. When any hazard is presented RAILROAD communications, signal, electrical, or other facilities due to persons, mat~ equipment, or blasting in the vicinity. s. When.and where material is being hauled across tracks. Provided, however, special clearance must be obtained from RAILROAD before moving heavy or cumbersome Objects and equipment which might result in making the track impassable for any period of time. . . B. Protective Services and Devices, Other Specialized Personnel shan be provided when, in the sole opinion of RAILROAD, such are necessary in addition to flagging. COST OF FLAGGING AND OTHER PROTECTIVE SERVICEs AND DEVICES A. Flagging 1. Shall be billed a minimum of actual cost (please verify ntes with the RAILROAD office) per day plus any expenses incurred for each flagman required, for each day, or for any portion thereof: for up to eight hours in one shift Monday through Friday, excepting holidays recognized by RAILROAD in its personnel policy manual. 2. Time worked in excess of eight hours in one shift Monday through Friday, or worked in any amount on Saturday, Sunday and on holidays recognized by RAILROAD in its personnel policy manual, shall be billed at the rate of actual cost (please verify ntes witla tbe RAILROAD offace) per eight-hour day, per flagman required, for each day or portion thereof worked. All flagging fees must be paid within 30 days of receipt of invoice from RAILROAD. Failure to pay invoice within 30 days of receipt CONTRACTOR will incur an additional fee of 200At. B. Communications Linemen, Signalmen, Protective Services and Devices All services required shall be billed at RAILROAD'S contracted rate with service provider plus a 20 percent RAILROAD administrative fee. Permit No. CORP 080S21A Pace8 of 8 CONTRACTOROCCUPANCY/ACCESSAGREEMENT EXHIBIT "D" MINIMUM WALL THICKNESS FOR CASING PIPES UNDER RAILROAD TRACKS 1. STEEL CASING PIPE (A.R.E.A. SPEC. 1964) NOMINAL DIAMETER (Inches) NOMINAL WALL THICKNESS (Inches) PROTECTED 0.188 0.219 0.250 0.281 0.312 0.344 0.375 0406 0.438 0.469 NOT PROTECTED. 0.188 0.281 (9/32) 0.312 0.344 0.375 0.406 0.438 0469 0.500 0531 Under 14 14 and 16 18 20 22 24 26 28 and 30 32 34 and 36 38, 40 and 42 0.500 0.562 Steel Pipe shall have minimum yield strength of 35,000 psi. · When casing is installed without benefit of a protective coating and said casing is not cathodically protected, the wall thickness shall be increased to the nearest standard size which is a minimum of 0.063 inches greater than the thickness shown for protected pipe except for diameters under 12.75 inch. 2. CONCRETE PIPE All diameters of conci'ete pipe under main tracks shall be specified as A.S.T.M. C-76 (Latest Revision) Table V. toncrete pipe under siding and yard tracks may be Table IV (either Wall "8" or"C" is acceptable). 3. CORRUGATED METAL PIPE Table shows permissible minimum and maximum height of cover for both riveted and helical pipe. NOMINAL DIAMETER (Inches) 12 15 18 21 24 30 36 42 16 GAGE 4-53 (ft) 4-42 4-34 4-28 5-23 14 GAGE 4-80 (ft) 4-64 4-53 4-45 4-40 4-31 5-23 4-49 12 GAGE 4-79 (ft) 4-70 4-56 4-46 4-78