Res 1435 - Alter Rail/Hwy BF Rd
COUNCIL BILL NO. 1822
RESOLUTION NO. 1435
A RESOLUTION ENTERING INTO A LOCAL AGENCY AGREEMENT WITH THE STATE OF
OREGON TO ALTER THE RAILROAD-HIGHWAY CROSSING AT THE SOUTHERN PACIFIC
LINES AND SOONES FERRY ROAD AND AUTHORIZING THE MAYOR AND CITY
RECORDER TO SIGN SAID AGREEMENT.
WHEREAS, the rail-highway crossing of the Southern Pacific Lines at Soones Ferry
Road has been identified as a high accident location, and
WHEREAS, there are federal and state rail crossing funds available for safety
improvements, and
WHEREAS, the state has approved this project as part of the Statewide
Transportation Improvement Program, and
WHEREAS, the city has completed preliminary engineering which indicates that this
project is feasible and would improve operation of this rail and roadway crossing; NOW
THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into a Local Agency Agreement with
the State of Oregon to alter the railroad-highway crossing at the Southern Pacific Lines and
Soones Ferry Road which is attached hereto as Exhibit /I A" and by this reference
incorporated herein.
Section 2. That the Mayor and City Recorder are authorized to sign said agreement
on behalf of the city.
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COUNCIL BILL NO. 1822 RESOLUTION NO. 1435
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Approved as to fOrm':YJ.f"'J^fj- ~
City Attorney
APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
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ATTEST: ~ ~
Ma r Tebhant, Recorder
City of Woodburn, Oregon
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COUNCIL BILL NO. 1822 RESOLUTION NO. 1435
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Date
August 25, 1997
August 26, 1997
August 26, 1997
August 26, 1997
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February 20, 1997
Docket No. 785
Misc. Contracts & Agreements No. 15214
LOCAL AGENCY AGREEMENT
RAIL-HIGHWAY CROSSINGS PROGRAM PROJECT
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THIS AGREEMENT is made and entered into by and between THE STATE OF
OREGON, acting by and through its Department of Transportation, hereinafter referred
to as "State", and CITY OF WOODBURN, a municipal corporation of the State of
Oregon, acting by and through City Officials, hereinafter referred to as "Agency".
1. By the authority granted in ORS 366.770 and 366.775, State may -enter into
cooperative agreements with counties and cities for the performance of work on
certain types of improvement projects with the allocation of costs on terms and
conditions mutually agreeable to the contracting parties.
2. Under such authority, State and Agency plan and propose to alter the existing
railroad-highway crossing at Southern Pacific Lines (Union Pacific Railroad), and
Boones Ferry Road, Woodburn, Marion County, Crossing No. C-734.50, hereinafter
referred to as "project". The project description and scope of work is described in
Department Order No. 96-047, marked Exhibit A, and by this reference made a part
hereof. '
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3. The project shall be conducted as a part .of the Rail-Highway Crossings Program
under Title 23, United States Code, and the' Oregon Action Plan. The State shall be
responsible for the match for federal funds. Agency shall be responsible for costs of
any highway portion of the project which is not covered by state or federal funding.
4. The Special and Standard Provisions attached hereto, marked Attachments 1 and 2,
respectively, are by reference made a part hereof. The Standard Provisions apply to
all federal aid projects and can be modified only by the Special Provisions. The
parties hereto mutually agree to the terms and conditions set forth in Attachments 1
and 2. In the event of a conflict, this agreement shall control over the attachments,
and Attachment 1 shall control over Attachment 2.
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5. Agency shall adopt an ordinance authorizing its City officials to enter into and
execute this agreement.
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Local Agency Agreement
Page 2
Docket No. 785
Misc. Contracts & Agreements No. 15214
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals
as of the day and year hereinafter written.
This project was approved by the Oregon Transportation Commission on July 20, 1994,
as part of the Six-Year Transportation Improvement Program. (Page 221)
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The Oregon Transportation Commission, by a duly adopted delegation order, authorized
the Deputy Director to sign this agreement for and on behalf of the Commission.
STATE OF OREGON, by and through
its Department Of Transportation
CITY OF WOODBURN. by and through
its Elected Officials
Claudia L. Howells,
Rail Section Manager
By
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Approval Recommended:
Approved:
Date
August 26, 1997
Approved as to legal sufficiency
.(lf~yagenCY) _^ /7 ~
By .~~
City Counsel
Kenneth E. Husby
Deputy Director
Date
This form was approved by Dale K. Hormann, Assistant
Attorney General, on February 10, 1997
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ATTACHMENT NO.1
SPECIAL PROVISIONS
Docket No. 785
Misc. Contracts & Agreements No. 15214
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1. Construction work on this project is estimated to be more than $50,000. The project
will be constructed by contract, let by the State.
2. Agency shall, as a federal-aid participating preliminary engineering function, conduct
the necessary field surveys, environmental studies, traffic investigations, foundation
explorations, and hydraulic studies, identify and obtain all required permits, and
perform all preliminary engineering and design work required to produce final plans,
preliminary/final specifications and cost estimates.
3. Agency shall acquire right-of-way in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Act of 1980, as amended.
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4. Agency insures that all project right-of-way monumentation will be conducted in
conformance with ORS 209.150.
5. Agency shall, upon State's award of the construction contract, furnish all
construction engineering, field testing of materials, technical inspection and project
manager services for administration, of the 'contract. The State shall obtain "Record
Samples" at specified intervals for testing in. the State Materials Laboratory in Salem.
6. Agency shall conform with requirements of the Oregon Action Plan, and if necessary
shall appoint and direct the activities of a Citizen's Advisory Committee and
Technical Advisory Committee, conduct any required public hearings and
recommend the preferred alternative.
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7. Upon completion of the project, refer to State Order No. 96-047 for maintenance
responsibilities, and any other issues that are not expressly addressed by this
agreement.
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A IT ACHMENT NO. 2
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STANDARD PROVISIONS"
TOINT OBLIGATIONS
PROTECT ADMINISTRATION
1. State is acting to fulfill its responsibility to the Fed,eral Highway
Admini~Jration (FHW A) by the administration of this project, and, Agency hereby
agrees that State shall have full authority to. carry out this administration. If
requested by Ag'ency, State will further act for the Agency in other matters
pertaining to the project. State and Agency shall actively cooperate in fulfilling the
requirements of the ()regon Action Plan. State ~nd Agency shall each assign a
liaison person to coordinate' activities and assure thatthe interests of both parties are
considered during all phases for all projects. .' . .;' .
Any project that uses federal funds, in project development, is subject to
PS&E review and approval by FHW A prior to advertisement for bid proposals,
regardfess of the source of funding f?r construction.. '. " , :,:;. ....' .' '
....P.E.& CONSTRUCTION ENGINEERING,"'".' (:
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2. Preliminary and construction engineering may be 'performed" by State,
Agency, or others. If Agency, or others, perform the engineering, .$~~te ,w}P monitor
the work for conformance with FHW A rules and regulations;" In' th~ ;event that
Agency elects to engage the service~ of a. cons.ultant to perform any of the work
covered by this agreement, Agency arid Consultant shall enter into an agreement
describing the work to be perfOrmed ard the method qf payment. State, shall concur
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in th~ agr~errient 'pdor to the' begiI1ning bf any' work: ".Nc(reiitlburseIflent shall be
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.' ma~((,using f~~~r~l~,aid,Ju.!\qs for')lhy c9sts' irictirreal1;>y'silCh Corisultarif'prior to
; rec~i~i'ng authorization"from~StatE~' t(i'p'ro'c~ed.! >:'"!'-jF no O:;i.r:.J<.n,:y', bf,,: ~~WH' ,;, ',~:"
~ ": - ~ ( }J. i~~~l~'::r{ ::?,~_rc'~ '_ .~.~.<-,~_, ~') _~._~.L__~~}',_ ..;:~:.._,..;' ..~::~~:~._~_~~L~;' '.~, _}~I:~~~._:-_~;:~{y~~~~~jl_.~~~:.!~l~~~!l'r-::~~l'.-- ...(t....~/~-.__:/L'-
, On:?lrco~.striicH6~ pr~j~ds \~hg~k'St~fJ' is~ ih'~ sigh~f~f~J p~r&fig "the' c'6ni~act,
an~ w?,ete'.Agency is doingtne' cori~tructio'i{erigiIleeI-iRg('and: proje'Etmanag~.ment,
Agency"agr-~es' .to' ace'ept'; ~~l resp<?nsibllity'fof-and,t def~rid iaiYsu~ts:i~~~hTing . tort
c1aiins,"c6ritT~fd' clilirris,~r '~ny otnef"la:*sult irls(rig~ufof'~t~e 'co~.tr~t't'()r:s'~~rk or
Agenc}r's'-supervision of th~'prored. .,,:". r:" ...1'1~"': h." 2:..<.. .' -;,." _.~~. .-.- .
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Revised: 04/20/93
LJW026c.th #3
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REQUIRED STATEMENT FOR US DOT FINANCIAL
ASSISTANCE AGREEMENT:
3. If as a condition of assistance the Agency has submitted and the u.s.
Department of Transportatiol1' has. approved a. Minority Business Enterprise
Affirmative Action Program which the Agency agrees to carry out, this affirmative
action program is incorporated into this financial assistance agreement by reference. I
That program shall be treated as a legal obligation and failure to carry out its terms
shall be treated as a violation of this financial assistance agreement. Upon
notification to the Agency of its faihlre'to carry out tl1e approved program, the U.s.
Department of Transportation shall impose such sanctions as noted in Title 49, Code
of Federal Regulations, Part 23, Subpart E, which sanctions may include, termination
of the agreement or other measures that may affect the ability of the Agency to
obtain future U.s. Department of Transportation financial assistance.
Th~ Agency further agrees to comply with all applicable Civil Rights I.,aws,
Rules and Regulations, including Section 5040f the Rehabilita~ion Act of 1973,and
the Vietnam Era Veterans' Readjustment Act. .
4. The parties hereto agree and underst~nd that they will comply with all
applicable statutes and regulations, in,cluding but notlirnited toTitle 49 CFR,Parts
23 and 90, Audits of State and .Loc.al'C:overnmen"t.. s; Title 41, usc, Anti-Kic..kb.a.: ,.Ck-Act;
Title 23, USC, Federal-Aid Highway Act; 42 USC, Uniform Relocation Assisfance
and Real Property Acquisition Policies Act of 1987; proyisions of Federal-Aid Policy
Guide (FAPG), Title 23 Code of Federal Regulations (23 CFR) 1.11, 710, and 140; and
the Oregon Action Plan.
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STATE OBLIGATIONS
. PROGRAM REOUEST
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5. State" ~h~ll ~u?mifaprogp}~; to, th~)~I-IJY 1Jlwi!~~.F~ql!,~~~ J9!~'~PPJ.<;>y~,I~ of
federal-aid.7:pa~ticiBati(:mi i,n ,fiH ,~ng~n~~~i~g" rig~!:oh~ay f:~qu,.!~.,~tig~, .~f}g~pl~LHJgity
relocations and construction - work' f~r,Jh~: p~oj~c~,::I,~,N().WO~I<-~I:IA.1;-L-~:R()~EED
ON ANY ACTIVITY IN WHICH FEDERAL-AID PARTICIPATION IS' DESIRED
UNTIL SUCH APPROVAL HAS BEEN OBTAINED.r, Tl}.e,r p'rograIl1i;~hi!1,1 i!1c1ude
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services to be" provided,bySta'te>Ag~ncy; o~coth~rs.., State; shall'Ilotify;"Agen,cy;, in
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writing . ~~en authoriz!l~<?!)}<? P!os~ed, ~~~;,l?~~I1J~c~i.y~q _f~9!it~h~~\ ~ ~Jni.~a!Or
responslblhtyfor ,t~e v.~nqus P~~~~.~ of. the P~?J~c~ vv~p g_ea.~L<?}:~t~1~~~,m,.,~h.~..?B~9al
Provisions. All work and records of such work; shall. be. in conformance,~with
FHW A rules and regulations, and the Oregon A.ctiort Pl~n':' , " " . -,.' .,~,
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Revised: 04/20/93
LJW026c.th #3
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A IT ACh"'MENT NO.2
STANDARD PROVISIONS
TOINT OBLIGATIONS
FROTECf ADMINISTRA i10N
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1. State is acting to fulfill its responsibility to the Federal Highway
Admini~Jration (FHW A) by the administration of this project, and Agency hereby
agrees that State shall have full authority to carry out this administration. If
requested by Agency, State will further act for the Agency in other matters
pertaining to the project. State and Agency shall actively cooperate in fulfilling the
requirements of the Oregon Action Plan. State<:1nd Agency shall each assign a
liaison person to coordinate' activities and assure that.the inter~sts of both parties are
considered during all phases for all projects. . , , " ,;' '
Any project that uses federal funds, in project development, is subject to I'
PS&E review and approval by FHw A prior to advertisement for bid proposals,
regardless of the source of funding for construction. ' " , .
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.' . F.E. &. CONSTRUCTI<?~ E~GIN.E~iUNG,
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2. Preliminary and construction engineering may be perf-irmed by State,
Agency, or others. If Agency, or others, perform the engineering, Sc:cte~.i1~ monitor
the work for conformance with FHW A rules and regulations; In the event that
Agency elects to engage the service~ of a consultant to perform any of the work
covered by this agreement, Agency and Consultant shall enter into an agreement
describing the work to be performed ard the method ,?f payment. S!ate, shall concur
, in ,!h~,~~f~e~~n~;'pri().r to ~t~e:Yeg~!1~i~gr?C~~Y.:~~9f}<~:;~?~;~~~~t><~t.~~i?~~l,:s~~~l~,be I
: . rn,a~~<};l~l~g f~?~r~~~,~l,~ fl}~d.-s fo~: ~~r~C9,S!SI1~,<:,t.t~.~ed:,bx; ;~!-f;~~., S?-:~,~~;~~~;\~ ,p~~pr to
r~c~1. ~?nK"a ~ !l,l~.r!~~tl(;m .fro?):; St~ t~ t9 PX8ceE!~;" " ' '"r;;~ l; ~.( ;':.;~:~~." ~.: :::,~: ,~;.~'" .,' "
~~,:~,~"" .>.~.. ~.~:r A~L~ ".~__' I ~,.:'_/"~ .___. ~:.....';:_.";>-.:.1_".:" :.J::f.,.:"-....\:.L",. ~:~:~!I~_....f~~.L;..,_~:..J.};,..'~..ll.:,::~tt}~~...}~~'
, '.' "On' .alrcot;l.strudio~ prbj~ds"~~~;k:s~~fJ' is~ ~I-M, s{ih1~fdfy?p~rt){'i{'~h~: ~6'~i~act,
a~g w~ete'.Age~cy is,' doing Hie' cori~tru~fion~'erigineei-ingCand;' project ma~age.~Emt,
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Agency'agrees to accept~~l resp~msibi1itt for' and"def~hd lawsuitS'lI1~olvmg tort
claims," cont*ad'claims,~i- '~ny otnerlaws~Ht iils[rlgotHof)~e' con.tra:cifbY's(;~~rk or
Agency's"'supervisiori6f the'pr,ofed.':"'" <,. ~\yr").,: h'f;. .~:..cc..:.......:._~~_.:..u.:.':::"_.~__.:.. .~--.
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Revised: 04/20/93
LJW026c.th #3
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AUTHORITY FOR SURVEY
6. State shall prepare' an Auth~rity. for Survey which will itemize the
estimate of cost for preliminary engineering services to be provided by State, Agency
or others, and shall furnish Agency with a copy of such cost esti,m~te.
FINANCE
7. State shall, in the first instance, pay all reimbursable costs of the project,
submit ~lJ claims for federal-aid participation to the FHW A in the normal manner
and compile accurate cost accounting records. Agency may request a statement of
costs to date/ at anytime/ by submitting a written request. When the actual total cost
of the project has been computed, State shall furnish Agency with an itemized
statement of such final costs.
PROJECT ACTIVITIES
8. State shalt" if the work is performed by Agency or others, review and
process or approve all environmental statements, preliminary and finql plans,
specifications and cost estimates. , State shalt if they prepare. these documents/ offer
Agency the opportunity to review arid approve the do~ul!)~f.lts prior to' advertising
for bids. Stat~ sha~l prepare.c()n~ra~t ~~~. ?id<:Iingd,?~,~mentsl aq.y~r.tise for' bid
proposals, award all contracts' and,: upon award of a constdiction contract, perform
all necessary laboratory testing of materials/ process and pay. all contractor progress
estimates/ check final quantities andcOs-ts~' and oversee and proyfde)ntermittent
inspection services during the constructioI1' phase ?f the project. 'fh~ aC~':lal cost of
la~orat~ry, testing services pr()vip~d, by, ~~~te . will . be .sharged . to ! t~~, project
construction engineering expenditu're' account and will be included iIi the tqtal cost
of the project. .
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. 9. State shall, ~s provi~~~ J~.q~,~~6?-,1?5~h)~ ~r~p~r~ p~a~s: a~?~~BedfiCa.tions
for the struct~re port~o.n only ~f bf.lF~~~Lag~;~~,~~~~~s, (l,~:go.;e~gen~e ~o)~~ C?Y,I}~}es.
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.10. State is resp.q~.s,i~I~.:f.<j,~;~~cq~i~~i,tio~,,8f ,~~~ .I!;ec,ess~ry Fig~t~o,f-':vla,r '~nd
easements for constructIon and'mamtenance of the proJect. Agency may request to
perform the acquisition functions, subject to execution of a written agJ~ement. ,.,State
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Revised: 04/20/93
lJW026c.th #3
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shall review all right-of-way activities engaged in by Agency to assure compliance
with applicable laws' ~nd regulations.
If any real property purchased with federal-aid participation is no longer
needed for the originally authorized purpos~, the ,disposition of such property shall
be subject to applicable rules and regulation's 'which' are' iri 'effecfat the time of
disposition. Reimbursement to State of the required proportionate share of the fair
market value may be required. ,.., .
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AGENCY OBLIGATIONS
FIN ANCE
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11. Agency shall, prior to the commencement of. the preliminary engineering
and right-of-way acquisition 'phases, deposit with'State its' est~mated, share of each
phase. ' ""
Agency's share of construction willb~ q.eposited in two parts. The initial
deposit will represent 65 percent of the'AgencY's share, based on the engineer's
estimate, and will be, requested three weeks prior to openingbiqs, on the project.
Upon award of the contract, the balan<;e of the applicant's share will be requested.
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Collecqon :of,:adyance deposits amountirig Jci~i~ss':tharr$2,5;Obfor, tfi~: PJ~. and
R/W phase 'of t~e' p~oject will be postponed until;,coll~ctiv~ly, .the'awouIl(ex~eeds
$2,500 or untP. th~:'c~Hef~,i:~~ .?f the "ag~~x;w{qeI?_(i~it/q(F9.~s#~'t~tt9!i';~(r)g~it,ed:'
'.~. ',": . "__,"--~f- - ": .-,>. ':-....:'..~~1.r:~.lT :~~)':.-~r::i;:::~.:..\ .~~.>:..~.L5:'CvJ~~~f ;t':[~<}.f~;~>.1;"! -.
Pursuant to O~S 366.425, the advance qeposit .!!l,ay.be in.th~ fgrm ()f l),money
deposited in' the S~ate Treasury (an optionor~l:llct(may b~'.i:~,<(:f~i)o~it in:ifle;,Local
Goyerrime~t ,Iny,~~t~ent Poo~ ac~w.npani~<:i}j~;~P'''~~t~y?<~~bl~;J~x:nite~f,}?9ii~r of
,A ttorney), or 2) 'an ,Ir,reY9cable Letter of Creqit is?~~<;l, py ..5l, ,lo~a~, qank. iri'; th,e n.ame of
State:' .. ,,__','.f.' ,/", . '..' ",. .J.' ",'_,..J ...' {.... c;,"'" .....-.(y."'" "'-'.J~....,,j. ,.'
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12. Agency shall pres,~;r:~ prpperly se.ng~~~,bills for 100 percent of actual costs
incurred by Agency on behalf'of thetprojecCdirJctly toStat~'s,~~,~i.s~:mperson for
review, and ape proval. . Such bills shalL, be' in a form:: accentable, to' State and
'.i;. -':~.:;,:jr>:y,_.: .:t trrL _;'l!:.'(_~ ':'1 ;~)(j~:J-;:".; .~_:. :"'. '__; "~-'-,.;,< .~.,_r;..J [tl l)~:J~.~!\t~/ t;d -f'~~,.i.;,_li,\.G ;~~-~~,-.,;j, -\-- .
~?s.~.:~e~t~Pi lIl~~;?;)"}n~nr:e( :~s.to ."~.. i~fs!~)j X~lr~fi~d; !' mlHrg~:~,-\1'}N{J:?)J,,~~~e,~t~q, for
penods of not less thanorie month duration; based on actUal expenses to date, All
billings received from AgencY',II\l~st b,e,.app:o.~~d by State's Liaison Person prior to
presentation to Highway Division'Accountiiig- for payment. Agency's actual costs
eligibl~. for. f~geJ;i3:k~~~ p~t~~~p~~onJ.l}~)}0~)el;~?Sr ~J,~R~y~p.~~~t;nf!e~lt<hEC p~gyisions of
FAPG, 23 CFj1J.ll; 71Q,;~~~ ,1;40, Final})imIlgs ~hal,l, bEi,~1fbm,itt~d_ tq,~t~te for
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Revised: 04/20/93
LJW026c.th #3
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AUTHORITY FOR SURVEY
6. State shall prepare' an Authority. for Survey which will itemize the
estimate of cost for preliminary engineering services to be provided by State, Agency
or others, and shall furnish Agency with a copy of such cost esti,m~te.
FINANCE
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7. State shall, in the first instance, pay all reimbursable costs of the project,
submit EU claims for federal-aid participation to the FHW A in the normal manner
and compile accurate cost accounting records. Agency may request a statement of
costs to date, at anytime, by submitting a written request. When the actual total cost
of the project has been computed, State shall furnish Agency with an itemized
statement of such final costs.
PROTECT ACfIVITIES
8. State shall, if the work is performed by Agency, or others, review and
process or approve all environmental statements, preliminary' and' fin~l plans,
specifications and cost estimates. State shall, if they prepare these documents, offer
Agency the opportunity to review, and approve, the docul!)~n.ts prior to' advertising
for bids. State. sha~l preparecontra<;t Cl~~ lJid<iingd()~tlments, ac:iv~r.tise for bid
proposals, award aU contracts and;' upon award of a cons'truction contra'ct, perform
all necessary laboratory testing of materials, process and pay,all~o~~ractor progress
estimates, check final quantities andcos'ts~' and ,oversee and provipe intermittent
inspection services during the construction phase of the project. Th~ act':ltil cost of
laboratory testing services provided by State will be charged to, tl:1~. project
. .' . . .... ,\--. ._ '.__'.' ,,_, '.' 'Y'1 '-'-'.' .
construction engineering expenditure account and will be included in the t~tal cost
of the project. .
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FREE BRIDGE DESIGN'
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9. Sta.te shall, ~s prpvi~e.d, :i:~. ~~,; ~6~-,1 ?5~h)~ B~~p?:!e pla~~s: a~p ~~P~~~n<:.~tions
for the struct~re port~on only 9f bg~~~~L(l~~ ;:~u'~0~rts,' C1:, ~o_. exg~I1~e to;~~~' ~?)ll)t,les.
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RIGHT-OF-wAY' - r i
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10. State is resP.~Ils,ibl~.f,9r ;~,cq~l<~i~ioi1, "qf ,~~~ .~~c,ess1ry;~igh, t7q_f-':vlax~ '~nd
easements for construction andmamtenance of the proJect. Agency may request to
perform the acquisition functions, subject to execution of a written agr~ement. ,State
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I
Revised: 04/20/93
LJW026c.th #3
3
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processing within six months from date that costs were incurred. Partial billing
(progress payment) shall be submitted to State within three. ~onths fropT date that
costs incurred. -- ,-,": ,'-; ,...' .':',~:
13; The costs records and accounts pertaining to the work covered by this
agreement are to be kept available for inspection by representatives, of State and the
FHW A for a period of, three (3) years following the date of final payment. Copies of
such records and accounts shall be made available upon request. For real property
and equipment, the retention period starts from the date of disposition
(49 CRF 38.42).
This agreement is subject to the provisions of the Single Audit, Act of 1984 (49
CFR, Part 90) as stated in Circular A-128 of the United States Office of Management
and Budget.
PROTECT CANCELLATION
14. Agency agrees that should they caus.e, the project to be canceled or
terminated for any reason prior to its.' completion, Agency shall reimburse State for
any costs that have been incurredby Stateon behalf of the project.,;!'_';,'
... ;-:'-.
, ..:,:
, -DELAYED STARTING DATE
* 15. In the event that right-of-way acquisition for, or actual construction 'of the
fa ci Ii ty for which, this preliminary_ engineering is undertaken' is . not. star,ted by the
close of the TENTH FISCAL YEAR following the fiscal year i~which~~is:agreement
is executed, State II\ay request reimbursement of the sum~~r~ sums 'of Federal;.Aid
funds disbursed to Agency under the terms of this agreement.
.~lj:"f~.;'~\-_") ~jfJ ~~~. ;#.'~ ',-
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lITILmES
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* ,'16.' Agency shall relocate or. cause; to be relocated; aU,utllityI,-cqnduits,r lines,
poles, mains, pipes, and such other 'facilities where such relocation~ is:, necessary in
order to conform said utilities and facilities with the plans and' ultimate
requirements of the; P~..oj~.<:J.:.:_,:__Q!!IY1J_l!.qs.~~!J.!n!tx:___r.~J~~~~~9ns which are eligible for
federal-aid participation under the FAPG, 23 CFR 645A, shall be included in the total
project costs, and, participation; all: other: uLtility reI~ca,tions ~halkbe ,at the sole
expense of AgencYi_ or others.,~ ,State,: "Yill arrange, for utility; adius~ents;jn:;; '}reas
lying within jurisdiction of State and, if State is performing\ tnerpreliri:linary
engineering. Agency may request State to arrange for utility adjustments lying
within Agency jurisdiction, acting on behalf of Agency.
Revised: 04/20/93
LJW026c.th #3
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Agency shalt five weeks prior to the opening of 'construction bid, proposals,
furnish State with an estimate of cost for eligible reimbursable utility relocat!ons,
based on the plans for the project. Agency shall notify State's Liaison Person prior to
proceeding with any utility relocation work in order that the work may be properly
coordinated into the project and receive the proper'authorization.
I
CONSTRUCfION ,,'
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17~ _ Design Standards for all projects shall meet the requirements of the
Intermodal Surface Transportation Efficiency Act of 1991. In addition, all projects on
the Oregon State Highway System shall be in compliance to Standards specified in
the current ODOT Highway Design Manual and related references. Construction
plans shall be in conformance with standard practices of State for plans prepared by
its own staff. All specifications for the project shall be in substantial compliance
with the most current Oregon'Standard SpeCifications for Highway Construction.
GRADE CHANGE LIABILITY"
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.
18. Agency, if a County, acknowledges the 'effecrand scope of ORS 105.755 and
agrees that all acts necessary to complete construction of the project which may alter
or change th,e grade of existing county' roads are'being accomplished at the direct
request of the County.
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Agency, if a City, hereby accepts responsibility for' all claims for damages from
grade changes., Approval of plans by State'shall riot subjeCt State,"fo liability under
ORS 105.760 for change of grade.'" \;';;,'
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CONTRACfOR CLAIMS
19. Agency shall provide legal defense agaiJ;lst all claims brought by the
contractorp-or:: oinerSJ: resulting' from 'Agency'sl fail\iI'e"to cornply,wiJh the" terms of
this agreerrientiL::' ,i.':' '!.~;. ;~".il.T'.::-' 'tsrfh rbu2 LJ!f~ .'~5J~r':J :':;;'r~ ,;::;~
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,: MAINTENANCE RESPONSIBILITIES;!;',:,:', C c-, r:, --::. "
* '20. '. Agency shall;. uponcompletion'ofconstruction;i tl}ereaftermaintainTand
operate' the 'project at its own cost and e'xpense;and inf'amami~r:satisfactory to: State
and the FHWA;:;r::."'-;' " :; ,f-:nr. ~.,!;:k'~.) n,);';:JI;'O;!\L;' :';;:!~>; ,~:J:l'~>
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Revised: 04/20/93
L]W026c.th. #3
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processing within six months from date that costs were incurred. Partial billing
(progress payment) shall be submitted to State within three. I!lonths from date that
costs incurred. '-, ,'" '. " . '
13; The cosbts krecords .alnbdl afcco';lnts p~rtaibning to the w?rk cofvSered byctthhiS ,I
agreement are to e ept aval a e or InSpectIOn. y representatives. 0 tate an t e
FHW A for a period of. three (3) years following the date of final payment. Copies of
such records and accounts shall be made available upon request. For real property
and equipment, the retention period starts from the date of disposition
(49 CRF_18.42).
This agreement is subject to the provisions of the Single Audit. Act of 1984 (49
CFR, Part 90) as stated in Circular A-128 of the United States Office of Management
and Budget.
PROTECT CANCELLATION
14. Agency agrees that should they caus.e. the project to be canceled or
terminated for any reason prior to its.' completion, Agency shall reimburse State for
any costs that have been incurredby State on behalf of the project.,::,.",
I
. DELA YED STARTING DATE
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15. In the event that right-of-way acquisition for, or actual constructiOH of the
facility for which this preliminary engineering is undertaken is not, star,ted by the
close of the TENTH FISCAL YEAR following the fiscal year in which;,Jhis. agreement
is executed, State IT\ay request reimbursement of. the sum9r~ sums 'of Federal-Aid
funds disbursed to Agency under the terms of this agreement.
. .;.-. .
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UTILmES
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* . 16. Agency shall relocate or. cause; to be re~ocatedl a~l utility~,cQnduits,: lines,
poles, mains, pipes, and such other 'facilities where such relocati6n:is:~nec~ssary in
order to conform said utilities and facilities with the plans and' ultimate
requirements of the; p~oj~_l:_t~~OnlyLt_l!.Qs.g:!:l!n!tx:~r~J9~'!~~9nS which are eligible for
federal-aid participation under the FAPG, 23 CFR 645A, shall be included in the total
project costs. and. participation;-aIL other~ uLtility rel~ca,tions ~hal!j,be .at the sole
expense of AgencY;d or otherS"';.S~ate,~ vyill arrange; for utility; adius~mentsdl1": 'lreas
lying within jurisdiction of State and, if State is performing'\ tnerpreli~inary
engineering. Agency may request State to arrange for utility adjustments lying
within Agency jurisdiction, acting on behalf of Agency.
I
Revised: 04/20/93
LJW026c.th #3
5
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WORKERS' COMPENSATION COVERAGE
21. The contractor, its subcontractors, if any, and all employers working under
this (Agreement/Contract) are subject employers unde'r thei Oregon Workers'
Compensation Law and shall comply with ORS 656.017, which requires them to
provide Workers' Compensation coverage for all their subject workers.
LOBBYING RESTRICTIONS
2~ _Agency certifies by signing this agreement that:
A. No Federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any Federal agency,
a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement,
and the extension,. continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
agreemen t.
B. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence
an officer or employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying", in
accordance with its instructions.
c. The undersigned shall require that the language of this certification
be included in the award documents for all subawards at all tiers
(including subgrants, and contracts and subcontracts under grants,
subgrants, loans, and cooperative agreements) which exceed $100,000,
and that all such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352;: U.S.' Code.
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Revised: 04/20/93
LJW026c.th #3
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Any person who fails to file the required certification shall be subject
'to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure. ',--
*
Paragraphs 15, 16, and 20 are not applicable to anylqc.~Lagel1cyon st~te
highway projects,
--;-
Revised: 04/26/93 r
L]W026c.th #3
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WORKERS' COMPENSATION COVERAGE
21. The contractor, its subcontractors, if any, and all employers working under
this (Agreement/Contract) are subject employers under the' Oregon Workers'
Compensation Law and shall comply with ORS 656.017, which requires th'em to
provide Workers' Compensation coverage for all their subject workers. I
LOBBYING RESffiICflONS
2~ _Agency certifies by signing this agreement that:
A. No Federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any Federal agency,
a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, 1
and the extension,. continuation, renewal, amendment, or 1
modification of any Federal contract, grant, loan, or cooperative
agree men 1.
B. If any funds other than Federal appropriated funds have been paid or
will be paid to any pi'~!.' for influencing or attempting to influence
an officer or employeE' I{ i ny Federal agenc J ~ ,.1. :,iember of Congress,
an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying", in
accordance with its instructions. I
C. The undersigned shall require that the language of this certification
be included in the award documents for all subawards at all tiers
(including subgrants, and contracts and subcontracts under grants,
subgrants, loans, and cooperative agreements) which exceed $100,000,
and that all such subredpients shall certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352~~ ~'_~'.; c:<?de.
1'.1' ,.. _ ,..,-' ~~'.' ..i--t t~;;
Revised: 04/20/93
LJW026c.lh #3
7
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11--,\11"''-'11
ORDER NO. 96-047
ENTERED
September 10, 1996
ODOT CROSSING NO. C-734.50
U.S. DOT NO. 759614 K
BEFORE THE OREGON DEPARTMENT
OF TRANSPORTATION
RX 785
In the Matter of the Alteration of the Railroad-Highway )
Grade Crossing at Boones Ferry Road and)
SOUTHERN PACIFIC LINES, Valley Main Line. in )
Woodburn, Marion County, Oregon. )
ORDER
In the furtherance of its duties in the administration of ORS 824.206, the
Department Staff has investigated the adequacy of the safety at the subject grar\ crossing.
affected railroad is Southern Pacific Line fhe public authority in interest is City of WoodLe"~ n.
Willamette Valley Railway Company is also a party in, this matter.
Diagnostic teams reviewed the crossing site on May 26, 1993, August 1, 1994,
and August 2, 1995. The teams consisted of representatives from Southern Pacific Lines,
Willamette Valley Railway C9mpany, City of Woodburn, ODOT, and the Public Utility
Commission. During the time period of the meetings, a City of Woodburn Transportation
System Plan was developed, and an analysis was performed on the relationship of this
crossing to the plan for the transportation system in the vicinity of the crossing. The diagnostic
team reached agreement at the August 2, 1995, meeting regarding the proposed safety
improvements at the crossing.
Based upon that agreement, by letter dated July 3D, 1996, Department staff
served a Proposed Final Order and its Appendix A for all parties to review and acknowledge
their agreement with its 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.
Appendix A to this Order depicts the crossing vicinity, including the alignment of the
roadway and track at the crossing. The track intersects the roadway at an angle of approximately
25 degrees. The crossing is equipped with flashing light and automatic gatE;! signals. The average
daily traffic volume is approximately 2,874 vehicles at the crossing. The average speed of vehicles
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ORDER NO. 96-047
is approximately 25 miles per hour (mph). Motorists' sight distance of approaching trains is
restricted in three quadrants by structures and vegetation. There is a daily average of 14 freight
and 4 passenger train movements over the crossing at a maximum authorized speed of 45 mph.
There have been five reported train-vehicle collisions at the crossing in the last ten years. The
collisions resulted in no casualties.
It is proposed that the existing roadway at the crossing, which is approximately
20 feet wide, be reconstructed. At the crossing, the reconstructed roadway section will be 36 feet
wide, consisting of two 12-foot wide paved travel lanes and two 6-foot wide paved shoulder
bikeways. The shoulders will be flared to allow a 90-degree angle for bicycles at the crossing. The
reconstructed roadway will intersect the track at an angle of approximately 20 degrees. It is further
proposed that the existing flashing light and automatic gate signals and activation circuitry be
replaced. The project includes new flashing light and automatic gate signals installed to
accommodate the reconstructed roadway section, activated by constant warning time circuitry
contained in a new signal house. Appendix A depicts the scope of the proposed project.
From the foregoing, the Department finds that the proposed crossing alterations
are required by the public safety, convenience and general welfare, and that it is appropriate to
authorize expenditure of funds from the Grade Crossing Protection Account, as provided by
ORS 824.250, in the amount agreed upon by the parties.
IT IS ORDERED that:
1. The subject grade crossing shall be altered as set forth below. All alterations
shall be completed within 15 months from the entered date of this Order.
2, City of Woodburn shall:
a. Subject to reimbursement to a maximum of $55,000 as set forth
below:
(1) Reconstruct that portion of the crossing lying outside lines
drawn two feet outside each rail (or at the outer edge of
manufactured surfacing) to accommodate a roadway 36 feet
wide plus the bikeway flare as depicted on Appendix A. The
roadway approaches to the crossing shall comply with
OAR 860-42-215(1).
(2) Furnish and install standard guardrail adjacent to each set of
automatic signals at the crossing. The devices shall be
installed according to ODOT Drawing No. 2115 and located
according to OAR 860-42-070(13). The guardrail at the
southeast quadrant shall be modified to accommodate the
Ogle Street intersection with Soones Ferry Road.
2
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ORDER NO. 96-047
(3) Furnish and install stop clearance lines at the crossing,
located according to OAR 860-42-070(10).
b.
Bear 28 percent of the costs of reconstructing that portion of tl:1e
crossing lying between lines drawn tWo feet outside each rail.
I
c.
Maintain the ordered guardrail and stop clearance lines. existing
advance warning signs and advance warning pavement markings,
and that portion of the crossing lying outside lines drawn two feet
outside each rail (or at the outer edge of manufactured surfacing),
. and bear all the costs.
3. South em Pacific Lines shall:
a. Subject to reimbursement as set forth below:
(1)
Reconstruct that portion of the crossing lying between lines
drawn two feet outside each rail (or at the outer edge of
manufactured surfacing) to accommodate a roadway 36 feet
wide plus,the bikeway flare.
I
(2) Furnish and install two Standard NO.2 flashing light signals
and two Standard NO.4 automatic gate signals at the
crossing. An additional set of flashing lights shall be installed
. on the ~ignal at the southeast quadrant, directed at vehicles
on Ogle Street. The signals shall be activated according to
OAR 860-42-090. The signals shall be located as depicted
on Appendix A.
b.
Maintain the ordered automatic signals and circuitry, and that portion
of the crossing lying between lines drawn two feet outside each rail
(or at the outer edge of manufactured surfacing), and bear all the
costs.
I
c. Notify the Department in writing or by facsimile transmission not less
than five working days prior to the date that the ordered automatic
signals will be activated and placed in service.
4. Each party shall comply with the provisions of ORS 757.541 to 757.571,
Excavation Regulations.
5. Each party shall notify the Department in writing upon completion of its
portion of the project.
I
6.
Using Section 130 federal funding, the Department shall bear 90 percent, or
$49,500, whichever is less, of the cost of work listed in paragraph 2.a.,
3
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,,~,---......
ORDER NO. 96-047
is approximately 25 miles per hour (mph). Motorists' sight distance of approaching trains is
restricted in three quadrants by structures and vegetation. There is a daily average of 14 freight
and 4 passenger train movements over the crossing at a maximum authorized speed of 45 mph.
There have been five reported train-vehicle collisions at the crossing in the last ten years. The
collisions resulted in no casualties.
I
It is proposed that the existing roadway at the crossing, which is approximately
20 feet wide, be reconstructed. At the crossing, the reconstructed roadway section will be 36 feet
wide, consisting of two 12-foot wide paved travel lanes and two 6-foot wide paved shoulder
bikeways. The shoulders will be flared to allow a 9O-degree angle for bicycles at the crossing. The
reconstructed roadway will intersect the track at an angle of approximately 20 degrees. It is further
proposed that the existing flashing light and automatic gate signals and activation circuitry be
replaced. The project includes new flashing light and automatic gate signals installed to
accommodate the reconstructed roadway section, activated by constant warning time circuitry
contained in a new signal house. Appendix A depicts the scope of the proposed project.
From the foregoing, the Department finds that the proposed crossing alterations
are required by the public safety, convenience and general welfare, and that it is appropriate to
authorize expenditure of funds from the Grade Crossing Protection Account, as provided by
ORS 824.250, in the amount agreed upon by the parties.
1
IT IS ORDERED that:
1. The subject grade crossing shall be altered as set forth below. All alterations
shall be completed within 15 months from the entered date of this Order.
2. City of Woodburn shall:
a.
Subject to reimbursement to a maximum of $55,000 as set forth
below:
I
(1) Reconstruct that portion of the crossing lying outside lines
drawn two feet outside each rail (or at the outer edge of
manufactured surfacing) to accommodate a roadway 36 feet
wide plus the bikeway flare as depicted on Appendix A. The
roadway approaches to the crossing shall comply with
OAR 860-42-215(1).
(2)
Furnish and install standard guardrail adjacent to each set of
automatic signals at the crossing. The devices shall be
installed according to ODOT Drawing No. 2115 and located
according to OAR 860-42-070(13). The guardrail at the
southeast quadrant shall be modified to accommodate the
Ogle Street intersection with Boones Ferry Road.
I
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ORDER NO. 96-047
above, 90 percent of the cost of work listed in paragraph 3.a.(2), above, and
64.8 percent of the cost of work listed in paragraph 3.a (1), above.
7. Pursuant to ORS 824.250, the Grade Crossing Protection Account shall
bear 10 percent, or $5,500, whichever is less, of the cost of the work listed in
paragraph 2.a., - above, 10 percent of the cost of the work listed in
paragraph 3.a.(2), above, and 7.2 percent of the cost of work listed in
paragraph 3.a.(1), above.
8. Upon completion of the reimbursable work ordered herein, Southern Pacific
Lines or City of Woodburn, whichever advances the share of the cost
apportioned to the Grade Crossing Protection Account, shall present its
daim for reimbursement for Department approval.
Made, entered, and effective
-q(lb/cr(..
Jo n Grassman
State Traffic Engineer
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ORDER NO.
96-047
APPENDIX A
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ORDER NO. 96-047
above, 90 percent of the cost of work listed in paragraph 3.a.(2), above, and
64.8 percent of the cost of work listed in paragraph 3.a (1), above.
7.
Pursuant to ORS 824.250, the Grade Crossing Protection Account snail
bear 10 percent, or $5,500, whichever is less, of the cost of the work listed in
paragraph 2.a., above, 10 percent of the cost' of the work listed in
paragraph 3.a.(2), above, and 7.2 percent of the cost of work listed in
paragraph 3.a.(1), above.
8. Upon completion of the reimbursable work ordered herein, Southern Pacific
Lines or City of Woodburn, whichever advances the share of the cost
apportioned to the Grade Crossing Protection Account, shall present its
claim for reimbursement for Department approval.
Made, entered, and effective
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Jo n Grassman
State Traffic Engineer
F:\HOME\WG_RAIL \XORDERS\7850RD1.DOC/mh'cdl
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ATTACHMENT NO.1
SPECIAL PROVISIONS
Docket No. 785
Misc. Contracts & Agreements No. 15214
1. Construction work on this project is estimated to be more than $50,000. The project
will be constructed by contract, let by the State.
2. Agency shall, as a federal-aid participating preliminary engineering function, conduct
the necessary field surveys, environmental studies, traffic investigations, foundation
explorations, and hydraulic studies, identify and obtain all required permits, and
perform all preliminary engineering and design work required to produce fi'nal plans,
preliminary/final specifications and cost estimates.
3. Agency shall acquire right-of-way in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Act of 1980, as amended.
4. Agency insures that all project right-of-way monumentation will be conducted in
conformance with ORS 209.150.
5. Agency shall, upon State's award of the construction contract, furnish all
construction engineering, field testing of materials, technical inspection and project
manager services .for administration of the contract. The State 'shall obtain "Record
Samples. at specified intervals for testing in. the State Materials Laboratory in Salem.
6. Agency shall conform with requirements of the Oregon Action Plan, and if necessary
shall appoint and direct the activities of a Citizen's Advisory Committee and
Technical Advisory Committee, conduct any required public hearings and
recommend the preferred alternative.
7. Upon completion of the project, refer to State Order No. 96-047 for maintenance
responsibilities, and any other issues that are not expressly addressed by this
agreement.
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MEMO
TO:
FROM:
City Council through City Administrator
Public Works Program Manager ,4 ft---
Local Agency Agreement with the State of Oregon for Railroad-Highway
Crossing Improvement
SUBJECT:
DATE:
August 19, 1997
RECOMMENDATION: Approve the attached resolution which enters into a local
agency agreement with the State of Oregon to alter the Railroad-Highway crossing at
the Southern Pacific Lines and Soones Ferry Road (south Settlemier Avenue).
BACKGROUND: The Southern Pacific Lines railroad-highway crossing at Settlemier
Avenue/Soones Ferry Road has been identified for some time as a high accident grade
crossing. The city has been coordinating with the state through the Oregon
Department of Transportation (ODOT) and Southern Pacific Railways to improve this
crossing.
An agreement has been reached to improve this section through a joint state, city and
railroad project. ODOT will utilize federal and state rail safety funds for this project.
Southern Pacific will fund improvements required along the tracks and for crossing
guard upgrades. The city will cost share improvements to make the road wider and
provide sidewalk and bikeway improvements.
This project will be prepared and bid as a state contract. Design and further
coordination will be done by DeHaas & Associates Inc. as part of their existing
contract with the city. Due to the rather extensive review process and bidding
requirements for a state contract, design work will be planned for the contract to be
bid next spring for construction during the summer 1998 construction season.
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