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Portland & Western Railroad - 72nd RR Crossing (Kable/Boones Ferry) LETTER OF AGREEMENT Between CITY OF TIGARD A municipality of the State of Oregon and PORTLAND & WESTERN RAILROAD, INC. A State of New York corporation for Improvement of Railroad Grade Crossing and Roadway Approach at 72nd Avenue (between Kable Lane and Boones Ferry Road) in Tigard, Oregon Crossing milepost no. FD 749.20 This agreement is entered into by and between City of Tigard, a municipality of the State of Oregon, hereinafter called "City" and Portland &Western Railroad, Inc., a New York corporation, hereinafter called "Company". In consideration of the mutual obligations and benefits set forth herein, the parties agree as follows regarding the replacement of the Company's railroad crossing of 72nd Avenue in Tigard, Oregon. 1. City Obligations 1.1 Pay documented construction costs, not to exceed $21,100.00 for reconstructing, by the Company, the adjustment of railroad tracks and reconstruction of roadway approaches at Portland &Western Railroad. 1.2 Pay the amount due under 1.1 above within 30 days of receipt of invoice, per the current City of Tigard fiscal policies and procedures, provided that the work has been inspected and approved by the City prior to the date of receipt of the invoice. 1.3 Maintain, pursuant to applicable provisions of ORS 30.260 to 30.300, a self- insurance program, which provides property damage and personal injury coverage. 1.4 Provide roadway elevations at the approaches. 1.5 Provide traffic detour plan. 2. Company Obligations 2.1 Remove the existing crossing surface to a distance as shown on the attached plans to install a new crossing asphalt surface, including surfacing and lining of track structure to meet the planned elevation of the roadway. 2.2 Install a new asphalt crossing including all necessary labor, equipment and materials, including but not limited to the following items: (a) Mobilization (b) Traffic control (c) Remove and dispose of existing AC pavement. Letter of Agreement—Portland and Western Railroad Inc. Page 1 •�. (d) Furnish:arid place asphalt pavement at full depth.uf rail section (e) Construct AC roadway approaches as shown on the attached plans. 2.3 Comply with traffic detour plan provided by City. 2,4 Provide temporary protection and direction of traffic, including all signs, barricades, flashing lights and flaggers. Minimum requirements for traffic control plan shall be as shown on."Traffic Control Typical Retail" of the City of Tigard, Public Improvements Design Standards. 2.5 Close the crossing and detour for a single period no longer than 61 hours beginning at 7:00 p.m. on Friday and ending at 8:00 p.m. on Sunday. At least 20 working days prior to closing the street,.prepare and submit for City review and approval a traffic control plan. 2.6 Begin no work prior to July 19, 2002 and complete all work no later than July 21, 2002. 2.7 The Company agrees to comply with the Civil Rights Act of 1964 and 1991, Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973, and Title VI as implemented by 45 CFR 80 and 84 which states in part, "no qualified person shall on the basis of disability, race, color, or national origin be excluded fromparticipationin, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which received or benefits from federal financial assistance. 2.8 Company shall not employ any person performing work under this contract for more then eight hours,in any one day, or 40 hours in any one week, except in cases of necessity,:emergency, or where the public policy absolutely requires it. Company shall pay all individuals performing work under this contract at least time-and-a-half pay for all overtime in excess of eight hours a day and for work performed on Saturday or any legal holiday specified in ORS 279.334. If this contract is for personal services as defined in ORS 279.051, the company shall pay all individuals performing personal services under this.contract at least time-and-a-half for.all overtime worked in excess of 40hours in any one week, except for individuals who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201-209, from receiving overtime. If this is fora public work subject to ORS 279.348 to 379.363 or the Davis-Bacon Act (40 USC 2761), the Company agrees to abide by the provisions of ORS 279.350 or 40 USC 2761, if applicable. 2.9 All contracts between the company and its contractor for the construction work will require the contractor to obtain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the.interests of City and that any other insurance maintained by City"is excess and not contributory insurance with the insurance required hereunder. 2.10 The policy or policies of insurance maintained by the Contractor and its subcontractor shall provide at least the following limits and coverages: (a) Commercial General Liability Insurance: Contractor shall obtain, at contractor's expense, and keep in effect during the term of this contract, Letter of Agreement—Portland and Western Railroad Inc. Page 2 Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an „occurrence„ form (1986 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate 2,000,000 Products-Completed Operations Aggregate 1,,000;000 Personal &Advertising Injury 1,000,000 Each Occurrence 1,000,000' Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 (b) Commercial Automobile Insurance: Contractor shall also obtain, at contractor's expense, and keep in effect during the term of the contract, "Symbol 1” Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. (c) Workers' Compensation/Employers' Insurance: To the extent the Contractor, its subcontractors, if any, and all employers providing work, labor or materials under this Contract are subject employers under the Oregon Workers' Compensation Law, they shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not to obtain such coverage. To the extent that the Contractor, its subcontractors, if any, and all other employers providing work under this Contract are employers under the Federal Employer's Liability Act (45 USC §51 et seq.), they shall maintain insurance for liability imposed by FELA. Employer's Liability Insurance required by this section shall have coverage limits of not less than $100,000 each,accident. (d) Additional Insured Provision: The City of Tigard, Oregon, its. officers, directors, and employees shall be added as additional insured with respect to this contract. All Liability Insurance policies will be endorsed to show this additional coverage. (e) Notice of Cancellation: There shall be no cancellation, material change, and exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the City. Any failure to company with this provision will not affect the insurance coverage provided to the City. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. (f) Insurance Carrier Rating: Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable to the City. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. (g) Certificates of Insurance: As evidence of the insurance coverage required by the contract, the contractor shall furnish a Certificate of Insurance to the Letter of Agreement—Portland and Western Railroad Inc. Page 3 City. No contract shall be effected until the required certificates have been received and approved by the City. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the above address 10 days prior to coverage expiration. (h) Independent Contractor Status: The service or services to be rendered under this contract are those of an independent contractor. Contractor is not an officer, employee or agent of the City as those terms are used in ORS 30:265. (i) Primary Coverage Clarification: All parties to this contract hereby agree that the contractor's coverage will be primary in the event of a loss. (j) Cross-Liability Clause: A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability, pollution and errors and omissions policies required by this contract. Contractor's insurance policy shall contain provisions that such policies shall not be cancelled or their limits of liability reduced without (30) days prior notice to the City. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of City, in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of such insurance shall be forwarded to: Vannie T. Nguyen, P.E. Engineering Manager City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 Such policies or certificates must be delivered prior to commencement of the work. Ten days cancellation notice shall be provided City by certified mail to the name at the address listed above in event of cancellation or non- renewal of the insurance. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. 2.11 The company and its contractor warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of a contractor's work by City shall not operate as a waiver or release. Contractor agrees to indemnify and defend the City,, its officers, agents and employees and hold them harmless from any and all 'liability, causes of action, claims, losses, damages; judgments,or other costs or expenses including attorney's fees and witness costs and (at both trial, and appeal level, whether or not a trial or appeal ever takes place) that may be asserted''by any person or entity which in any way arise from, during or in connection with the performance of the work described in this contract, except liability arising out of the negligence of the City and its employees. If any aspect of this indemnity shall be found to be illegal or invalid for Letter of Agreement—Portland and Western Railroad Inc. Page 4 .• any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. This agreement represents the entire integrated understanding of the parties. This agreement may be amended only in writing, executed by the same parties as the agreement'itself. IN WITNESS WHEREOF the parties have caused the Agreement to!be signed in their respective names by their duly authorized representatives as of the dates,set forth below. City of Tigard Portland &Western Railroad, Inc. 1 William A. Monahan, City Manager Name &LYLU 2 AIL���� Date Title b � 3 /o �-- Date document25/17/02 Letter of Agreement—Portland and Western Railroad Inc. Page 5 b CITY OF TIGARD OREGON FLANK FOR PROPOSED PROACT & std 8 sm�T � .�oarutn f SIAL NOIMfAN im. 'BOWTA' (m 72ND AVENUE AT KABLE LAVE RAILROAD APPROACH RECONSTRUCTION Rrym INDEX OF SHEETS 1. LAYOUT & PRWLE 2VICINITY MAP . DETOUR PLAN TO BE SUPPLEMENTED BY THE CITY OF TWARD DESIGN STANDARDS DATED JULY 15, 1898 REDWOOD F f PROJECT LOCA T!' -'-- KAeLE- -iIT t f - f !v BENCHAWK ----- ---- CITY OF TIGARD VER77CAL NETK)RK INDEX NO. 111 EL.= 156.12 BRASS DISC SET IN MONUMENT BOX AT THE SOU 7HERLY INTERSECTON OF Il SW 72nd AVENUE AND UPPER BOONES FERRY ROAD. ATIETITIQIk A-rrowgqulw fou to/agar ndes adapted byy VANNIE T. N6UYEN, P E Ure U NoURoot/an Center. Those ndss are set for& h OAArr"°�a—om-0010 nee�,�n OAR M-om-0890 You �♦,a +• "'«�"'� CITY OF 11GARD ENGINEERING DEPARTMENT grta oa( o/the ndae '1'rbrp Ms center 13125 S.W. HALL BLVD. Nat« the t ens.nam k/fire aspen UtBRy NotMoat/on ter d(tf03�232-1887 wtE CALL BEFORE 1W W ,t, OP ST 2001-16 TIGARD, OREGON 97223 t-BW-M2-2344 'P�►It Pau=ft VOICE: 503-639-4171 72ND_AVE AT KAKE LANE _ FAX: 503-684-7297 em®e wale wmaT,reef WWW.a.71GARD.OR.US W ( u ;+ �- Z mem— i `��, Z 1'-20 v ryW Beg/n AC Removal 01 LEGEND & ABBREVIATIONS I J Locate exisfin buried survey m monument between 11+50 and -Ex/sting Crook to be - -= C, =-XX (Edge of Pavement E7ev) Q / 12+00. Ad st to flnlshed / raised by approximately P► - �JnLXX(AC Overlay thickness) Y Q35'(By Others) JWCXX(AC Overlay thickness) " J _ - - - -- - ------ /�> f9.60 /.59.85 160.14. WWInd AC removal i 9 ®New AC Area ,a /O.00 017 CLI �/02 - - - - - - - - -- TOR - Top Of ROA _ 00 \\` moi.. K \\\\j►� \-` �� ` \�\�� \ p - O \ ` •fit \ �\\ =.111 �\ \ ``\ \,\ \. .\ •-) W o --- I. �av41 � 72NDAVE \16a82 \.60.42- 159.87 1sar2 I %�_ _ 0.17 0.25 son aoo - ° ° \iea34 1sa56 s ROW"Quda_ro_be own& rrah .near ,� _ au 0.00 r as eqa of roA Wewvawr; t1Q89 i Rod-out 2' Tract C �, AC Overlay- J ,4,,h , , 'K b _ r (BY \ h V AC Oveday t aI - -: - Exletiag AC _-- ? PLAN — 72ND AVENUE - - -_ _ ;iii///,.�//;'iii;�.i Oji•/�i. •.y,ii,i,ai<i. i/ 1 -2 Exist. t4`77;lck AC Exist. 2'7hick s/4" 69.70' W 12600' VC 0 Rock � _ � STREET SECTION AT TRACK �— - - - _ NOTES Exist. s'rnick 1-1/2'-0 Roup ° I. When the overly thickness is less than 2`, the existingpavement TYPICAL STREET SECTION e m is to be removed to achieve an Overall overlay depth f 21minimum. EG 9 Centerline ri y o 2. Contractor to locate buried survey monument box and coordlnote *Centv so nt er)tne Rode e v ° I ad e • '�Q D� ^ its �trstmenf to finished grade with City surve)or. m ti a N + .3 Contractor to coordinate work with Portland & Westem 162 - -- - - Railroad_Compan--- - --- --- r62 160 I i ; c I IfJ Qi . 0 156 J 6. 156 154 - ---- - - - - - I -t f = -- -�--- - - - ---- {-- - DRAW/NG -P-LO EOAT- - -154 1 ALF THE NOTE SCALE �- Existing - de (T)p) lsh Rade - - ' — - ed r (T)P) t�Fln o �, n p p 1p 152 10+00 10+50 11+00 11+50 11+75 12+00 12+25 12+50 12+75 13+00 13+25 13+50 13+75 14+00 14+50 15+00 PROFILE — 72ND AVENUE N.'17-20' V:r''-4' OAIE REN90N N0. BY f = DE ,W CITY OF TIGARD 72ND AVE AT K A B L E LANE SHEET DRAWN BY- 7 ENGINEERING DEPARTMENT Ll ET 13125 S.W. WALL 9122. AILROAD APPROACH RECONSTRUCTION _�_�BY,•_ � TIGARIGARD, OREGON 97223 DAIS: MAY ta►, 2002 �.*� VOICE: 503-639-4171 — K.T�4' 11 9CMY- AS SFiM FAX: 5IGARD. R.US OF noN:N:� 2ooi-zoos rr ar�iz-Rx�iz=+ne=s D.owo ! - Cr N —ST-2-0-0�=is � - www•CI•TIGARD.OR.US LAYOUT & PROFILE 2 NOT TO SCALE CONSTRUCTION NO THROUGH G,o�\ AREA ROAD CLOSED TRAFFIC LOCAL ACCESS ;- , 72ND ONL YUSEREDWOOD �s\ ROAD CLOSED LOCAL ACCESS r - -P. -- ONLY AV 72ND _� t` --- - - AVE - -- -----.� — — T - ---- - - -- - - - -- -- �z DETOUR VE USE . - ` G v� \ o ;J DETOUR AHEAD SEQUOIA TURN RIGH G�F� 72ND AVE �� I I 72ND AVE USE ON BOONES FERRY 72ND A VE o I SEQUOIA TURN 'ROAD DETOU -; �. DETOUR-- o LEFT ON REDWOOD TURN G1iL TURN RIGHT \\ 6, \ SEQUOIA PARKWAY - QI 'A 72ND A VE 9X DETOUR / I" c' 72ND A VE --�-- `- - �0�' . TURN RIGH T i 72ND AVE �' J l 0 TURN LE T DETOURIFS DETOUR F'A TURN LEFT i 72nd AVE CLOSED -- - UPPER BOONES FERRY TO REDWOOD USE DETOUR DATE REVISION ra BY SHEET --- - -- - -; ---- -- -- , .. CITY OF TIGARD - i -f --- -- 72ND AVE AT 'KABLE LANE L2 - __ - -- MANN CHECKED�er viN •!�'' ENGINEERING S.W. ALL BLV . -- � N 131.25 BLVD. - -- tI• VOICE: 503-639-4171 97223RAILROAD APPROACH 'RECONSTRUCTION DAIS: Wrr 1N, 2002 - ��t� -4171 - - — — -- - K.t SCALE: AS SHOWN FAX: .TIGARDR7 OF US 2 FILE LOCATION.N:\DIo\2002-2003 K gr\72-Rl%n-tR-SffLDwo - PROJECT Na 2001-16 — o•am www.C) o DETOUR PLAN