1997-37458-Resolution No. 97-136 Recorded 10/8/1997REVIEWED
0163 -COWS
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97-37458 LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES CUUN I Y,
A Resolution Authorizing Signature of
Rail -Highway Crossing Project Agreement
with the Oregon Department of Transportation.
RESOLUTION NO. 97-136
IT IS HEREBY RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, as follows:
Section 1. That the Board hereby authorizes signature of that certain Local Agency
Agreement, a copy of which is attached hereto as Exhibit A, by and between the County and the State of
Oregon Department of Transportation regarding a railroad -highway grade crossing at NE Maple Ave.
near Redmond, Oregon.
DATED this 1 st day of October, 1997.
ATTEST:
Recording Secretary
PAGE 1 - RESOLUTION NO. 97-136 (10-1-1997)
OF COUNTY COMMISSIONERS FOR
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CY,PC)PV"SC$LANGEN, Chair
.T L. NIPPER, Comm
L. SWEARING'EN, Commissioner
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OCT 1 � 1997
0163-0639 REVIEWED
U &Wij
LEGAL COUNSEL
June 19, 1.997--
Docket No. RX 816
Misc. Contracts & Agreements No. 15401
LOCAL AGENCY AGREEMENT
RAIL -HIGHWAY CROSSINGS PROGRAM PROJECT
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 DESCHUTES COUNTY, a municipal corporation of the State of
Oregon, acting by and through County Officials, hereinafter referred to as "Agency".
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 NE Maple Avenue, Redmond, Deschutes County,
Crossing No. 28T-133.30, hereinafter referred to as "project". The project
description and scope of work is described in Department Order No. 97-011, marked
Exhibit -A, and by this reference made a part hereof.
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. Engineering, right of way, and
construction costs for the project as depicted by Exhibit A are reimbursable under
this program. Agency shall be responsible for all costs of any additional highway
work it chooses to add to the project which is nbt depicted by Exhibit A.
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.
5. Agency shall adopt an ordinance or resolution authorizing its County officials to enter
into and execute this agreement.
6. Agency shall complete work on the project no later than October 1, 1998.
Exhibit A to Resolution 97-136
Local Agency Agreement 1 �`�����
Page 2 Q 0 3
Docket No. RX 816
Misc. Contracts & Agreements No. 15401
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 as part of the
Statewide Transportation Improvement Program, Highway/Rail Crossing Program.
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
Approval Recommended:
Claudia L. Howells,
Rail Section Manager
Approved: -
Thomas D. Lulay
Interim Deputy Director
Date
This form was approved by Dale K. Hormann, Assistant
Attorney General, on February 10, 1997
DESCHUTES COUNTY, by and through
its Elected Officials
M
Date
Approved as to legal sufficiency
(If required by agency)
By
County Counsel
CAU SR\9010PROJ\816LAA. DOC
0163-0641
ATTACHMENT NO. 1 (Revised 9/18/97)
SPECIAL PROVISIONS
Docket No. RX 816
Misc. Contracts & Agreements No. 15401
1. Construction work on this project is estimated to be less than $50,000. The project
will be constructed by Agency forces.
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.
4. Agency insures that all project right-of-way monumentation will be conducted in
conformance with ORS 209.150.
5. Agency shall construct the project utilizing its own forces. Agency shall furnish all
construction engineering, labor, equipment, materials, supplies, field testing of
materials, technical inspection and project manager services for administration of
the project.
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. Monthly progress and final payments will be made on approved billings submitted
by Agency. Billings shall be submitted according to the provisions of the 1996
Standard Specifications for Highway Construction, Section 00197.90. References
to "Contractor" shall mean "Agency".
8. Upon completion of the project, refer to State Order No. 97-011 for maintenance
responsibilities, and any other issues that are not expressly addressed by this
agreement.
CAUSR19010PROM16LAA 1. DOC
0163-0642
EXHIBIT A
ORDER NO. 97-011
ENTERED January 29, 1997
ODOT CROSSING NO. 28T-133.30
U.S. DOT NO. 66 785 V
BEFORE THE OREGON DEPARTMENT
OF TRANSPORTATION
RX 816
In the Matter of the Alteration of the Railroad -Highway )
Grade Crossing at NE Maple Avenue and THE )
BURLINGTON NORTHERN AND SANTA FE) ORDER
RAILWAY COMPANY, Oregon Trunk Branch, near )
Redmond, Deschutes County, Oregon. )
In the furtherance of its duties in the administration of ORS 824.206, Rail Section
Staff has investigated the adequacy of the safety at the subject grade crossing. The affected
railroad is The Burlington Northern and Santa Fe Railway Company (BNSF). The public authority in
interest is Deschutes County.
A diagnostic team reviewed the crossing site on April 2, 1996. The team
consisted of representatives from BNSF, Deschutes County and the Rail Section. The
diagnostic team reached agreement regarding the •proposed safety improvements at the
crossing. Based upon that agreement, by letter dated November 26, 1996, Rail Section 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 NE Maple at an angle of approximately
90 degrees. The crossing is equipped with vehicle STOP signs. The average daily traffic volume is
1,309 vehicles at the crossing. The average speed of vehicles is 40 miles per hour (mph).
Motorists' sight distance of approaching trains is unrestricted. There is a daily average of ten freight
train movements over the crossing at a maximum authorized speed of 50 mph. There has been
one reported train -vehicle collision at the crossing in the last ten years. The collision resulted in one
casualty.
0163-0643'
ORDER NO. 97-011
It is proposed that flashing light and automatic gate signals be installed at the
crossing. The automatic signals will be installed to accommodate a roadway 8.534 m (28 feet) wide
at the crossing, consisting of two 3.658 m (12 -foot) wide paved travel lanes and two 610 mm
(2 -foot) wide gravel shoulders.
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:
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. Deschutes County shall:
a. Subject to reimbursement as set forth below:
(1) Widen that portion of the crossing lying outside lines drawn
610 mm (2 feet) outside each rail at the crossing to
accommodate an 8.534 m (28 -foot) wide roadway, as
depicted on Appendix A. The roadway approaches to the
crossing shall comply with OAR 860-42-215(1).
(2) Furnish and install guardrail adjacent to each set of
automatic signals at the crossing. The devices shall be
installed according to ODOT Drawing No. RD435, Rural
Installation, and located according to OAR 860-42-070(13).
(3) Furnish and install stop clearance lines at the crossing,
located according to OAR 860-42-070(10).
(4) Remove the existing vehicle STOP signs when the automatic
signals are placed in service.
b. Maintain the ordered guardrail, stop clearance lines, existing
advance warning signs and advance warning pavement markings,
and that portion of the crossing lying outside lines drawn 610 mm
(2 feet) outside each rail, and bear all the costs.
3. The Burlington Northern and Santa Fe Railway Company shall:
a. Subject to reimbursement as set forth below:
2
0163--0644
ORDER NO. 97-011
(1) Widen that portion of the crossing lying between lines drawn
610 mm (2 feet) outside each rail to accommodate a
roadway 8.534 m (28 feet) wide, as depicted on Appendix A.
(2) Furnish and install two Standard No. 2 flashing light signals
and two Standard No.4 automatic gate signals at the
crossing. The signals shall be located as depicted on
Appendix A and activated according to OAR 860-42-090.
b. Maintain the ordered automatic signals and circuitry, and that portion
of the crossing lying between lines drawn 610 mm (2 feet ) outside
each rail, and bear all the costs.
C. Notify the Rail Section 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 Rail Section in writing upon completion of its
portion of the project.
6. Using Section 130 federal funding, the Department shall bear 90 percent of
the cost of work items listed in paragraphs 2.a. and 3.a. above.
7. Pursuant to ORS 824.250, the Grade Crossing Protection Account shall
bear the 10 percent match of the items listed in paragraph 6 above.
8. Upon completion of the ordered reimbursable work, BNSF or Deschutes
County, 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 Il2R(q-1
Ut' Q2��� -
John Grassman
State Traffic Engineer
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