HomeMy WebLinkAboutR-2005-030 Washington State Department of Transportation / Washington Utilities & Transportation Commission / Burlington Northern SRESOLUTION NO. R-2005- 30
A RESOLUTION authorizing and directing the City Manager to execute documents
with the WSDOT, WUTC and BNSF pursuant to a Federal Aid
Safety Project Grant for Highway -Railway Grade Crossing for
reconstruction of the railroad mainline crossing of Washington
Avenue.
WHEREAS, the City of Yakima desires to have reconstructed, the railroad mainline
crossing of Washington Avenue, and
WHEREAS, BNSF has the expertise to and can meet the timeline required to design
and construct the required safety and roadway features; and
WHEREAS, the City of Yakima, BNSF, the WSDOT and the WUTC are determined
to produce a necessary safety project for the citizens of Yakima in accordance with the
terms and conditions of the attached documents; and
WHEREAS, the City Council deems it to be in the best interest of the City to enter
into the attached agreements with the WUTC, WSDOT, and BNSF, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated Petition to the WUTC for Order to Construct and the Local
Agency/Railroad Agreements with the WSDOT.
ADOPTED BY THE CITY COUNCIL this 1St day of February, 2005.
ATTEST:
City Clerk
January 26, 2005
Paul P. George, ayor
��` Washington State
Va. Department of Transportation
Local Agency Yakima, Washington
Local Agency Railway Agreement
Federal Aid Safety Projects
Highway -Railway Grade Crossing
Warning Devices
Project Number STPXP - 4558 (005)
Railway Burlington Northern and Santa Fe Railway Co.
Agreement Number
The above parties having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code, Highways,
(2) the regulations issued pursuant thereto, and (3) the Policies and Procedures promulgated by the Washington State Department of
Transportation, relating to grade crossing warning devices, hereby agree to proceed with the accomplishment and completion of the
project hereinafter described.
Project Description
Local Agency Road Name Washington Avenue
Location Yakima, Washington
Railway Line Name The Burlington Northern and Santa Fe Railway Company
Location DOT 099-169B, 1C 87.60, RR MP 87.68, Yakima Subdivision
Description of Work
Remove existing antiquated cantilevered signals and install new automatic flashing light traffic control devices, cantilevered
type, with gates and constant warning devices. Replace existing crossing surface, on mainline track only, with concrete.
The site plan attached hereto as Exhibit C further describes the work.
Construction is estimated to be completed in 365 days, following execution of this agreement and authorization to proceed.
Estimate of Cost
Type of Work
Labor
Non -Labor
Total
1. Install Waming Devices (Type)
24,093.00
89,710.00
113,803.00
a. Freight Material Handling
1,092.00
1,092.00
b. Equipment Rental
6,047.00
6,047.00
c. Expenses
19,434.00
19,434.00
d. Salvage
e. Other
23,743.00
23,743.00
2. Engineering and Accounting
6,978.00
6,978.00
3. Liability Insurance
3,797.00
3,797.00
4. Labor Surcharge
21,677.00
21,677.00
5. Other ork by Railroad*
27,094.00
42,982.00
70,076.00
Ag,Yes ■ No Exhibit A attached hereto
6. Total Project Costs
79,842.00
186,805.00
266,647.00
I/ detail is required, attached Exhibit A. Insert Exhibit A totals in this line.
The above parties further stipulate that they agree to and will comply with the provisions set forth in the reverse hereof and made a part of this
agreement. Where a franchise or permit exists, the parties shall determine to what extent the franchise or permit is superseded by this
agreement. Such determination should be in writing and attached as part of the agreement.
Repair or replacement of damaged or obsolete signals. The cost of repair or replacement of the signals shall be bome onthe ratio of 75
percent Local Agency and
25 percent railway.
This agreement shall inure to the benefit of and be binding on the parties hereto, their successors and assigns.
Adopted by Resolution/ ame No. R_aOO5_30
Local Agency Official
Date
Railroad Offical
T
r .4.29/; 1A. Crry MRNRErBR
DOT Form 140-044 EF
Revised 12/2000
GOn77J C-7 o7045-Ro
Date
ED sTpFpf l/0/)
Bwirfoton
N inn Saida a lam
I. Scope of Work
The Railway will provide all the work, labor, materials, and
services to install the waming devices hereinafter called "signals"
as described and set forth in the "Project Description" and "Estimate
of Cost"
The Local Agency shall perform those services necessary to
facilitate the processing of all necessary documents required for the
orderly progress of the project In accordance with the policies and
procedures of the Washington State Department of Transportation
(hereinafter called "Department") and the Federal Aid Policy Guide
of the Federal Highway Administration (hereinafter called "FHWA."
The Local Agency shall install without expense to the Railway
advance warning signs, standard pavement markings for railroad
crossings, and guardrails or barriers to protect the signals from
highway traffic when such protection is required.
II. Funding
The project will be financed in conformity with FHWA
regulations adopted for safety improvement projects authorized in
the Transportation Equity Act for the 21st Century.
III. Payment
Upon written authorization by the Local Agency, the Railway may
proceed with the project. Following execution of this agreement,
progress bills may be submitted to the Local Agency for the cost of
labor, materials, and other services provided to date of billings and
as shown in the Estimate of Cost or supplemental estimates of cost
fumished by the Railway and accepted by the Local Agency, the
Local Agency shall pay such progress billings promptly upon
receipt. Final and detailed billing of all incurred costs shall be made
by the Railway within one year of project completion, and the Local
Agency shall pay all eligible amounts of such bill, less progress
payments previously made.
The Local Agency agrees to reimburse the Railway for the
amount shown in the Estimate of Cost for the actual cost of labor,
materials, and other services fumished by the Railway pursuant to
this agreement, provided the costs are eligible.
IV. Availability of Records
All project records in support of all costs incurred and
expenditures are to be kept and maintained by the Railway and by
the Local Agency in accordance with Subchapter B, Subpart H or
Section 140.922(c) of the C.F.R.
The records shall be open to Inspection by the Department and
FHWA at all reasonable times and shall be retained and made
available for such inspection for a period of not less than three
years from the final payment of any funds to the Railway
V. Maintenance of Facility
Upon completion of installation, the Railway shall operate and
maintain the signals as required by law. The Local Agency will
maintain the advance waming signs, the standard pavement
markings for railroad crossings, and protecting barriers or guardrails
at Local Agency expense. However, in the event that any existing or
future legislation makes federal, state, or other public funds
available for the operation, maintenance, repair, or replacement of
signals at grade crossings, the Local Agency shall cooperate with
the Railway to secure said funds for the operation, maintenance,
repair, or replacement of the signals Installed pursuant hereto. This
agreement may be supplemented and amended as necessary for
the operation and maintenance of said signals to qualify for such
funds.
VI. Repair or Replacement of Damaged or
Obsolete Facility
In the event one or more of the signals installed under this
agreement are partially or wholly destroyed and its or their
replacement value or cost of repairing cannot be recovered from
the person or persons responsible for such destruction, then In
DOT Form 140-044 EF
Revised 12/2000
that event, cost of repair of the signals or cost of installation of a new
signal or signals shall be bome on a ratio agreed upon by the Railway
and the Local Agency as specified on the front hereof.
If the damage to a signal is caused by highway traffic, Local
Agency will cooperate with the Railway in determining the location
and Identification of the parties responsible to the extent of making
accident records available.
If said damaged signals cannot, through age, be maintained or
require replacement by virtue of the obsolescence, then the cost of
replacing the signals shall be negotiated by the Local Agency and
the Railway as specified on the front hereof, with such state, federal,
or other public funds as may be available at the time such
replacement becomes necessary
VIII. Disposition of Signals No Longer Required
If for any reason, signals shall no longer be required at grade
crossing and, in the opinion of the Railway and WSDOT TransAid,
they are not obsolete, the state will take ownership and arrange to
have them relocated to some other grade crossing. If said relocation
is agreed upon by the WSDOT TransAid and the Railway, the
divisions of cost of such relocation shall be agreed upon between
the Local Agency and the Railways prior to such removal. If for any
reason the signals shall no longer be required at the grade crossings
and in the opinion of the Railway and WSDOT TransAid the signals
are obsolete, the Railway may remove the signals and credit the
Local Agency with the value of salvage recovered less cost of
removal. The funds credited by the Railway will be reimbursed to the
FHWA.
VIII. Relocation Required by Improvement
In the event that either railway or highway improvement will
necessitate a rearrangement of relocation or altemation of the
existing signals at said crossing, the party whose improvement
causes such changes shall bear the entire cost thereof without
expense to the other party. The Railway and WSDOT TransAid will
make the decision as to whether the signals or control circuits will be
obsolete or inadequate to accommodate an improvement, subject to
conformance with the policies and procedures promulgated by the
Washington State Department of Transportation relating to grade
crossing waming devices.
IX. Nondiscrimination Provision
If the Railway enters into a contract or agreement with a
contractor to perform any of the work which the Railway is
required to perform under the terms or this agreement, the
Railway for itself, its assigns, and successors in interest, agrees
that it will not unlawfully discriminate in its choice of contractors
and will include all the nondiscrimination provisions set forth in
Exhibit B, attached hereto and made a part hereof, in any such
contract or agreement.
X. Audit of Federal Aid Project
The Department, if services of a consultant are required, shall be
responsible for audit of the consultant's records to determine eligible
federal aid costs on the project. The report of said audit shall be in
the Department's files and made available to the state and the
federal govemment.
An audit shall be conducted by the Department's Internal Audit
Office in accordance with generally accepted govemmental auditing
standards as issued by the United State General Accounting Office
by the Comptroller General of the United States; WSDOT Directive
D27-50, Consultant Authorization, Selection, and Agreement
Administration; and Office of Management and Budget circular
A-128.
If upon audit, it is found that an overpayment of federal money in
ineligible items of cost has occurred, the Railway shall reimburse the
Local Agency for the amount of such overpayment in excess of
participation (see Section VIII). The funds credited by the Railway
will be reimbursed to the FHWA.
EXHIBIT "B"
Appendix A
Nondiscrimination Provisions of Title VI of the Civil Rights Act of 1964.
During the performance of this contract, the contractor, for itself, its assignees and
successors in interest (h rein fter referred to as the "contractor"), agree as follows:
(1) Compliance with Regulations: The contractor will comply with the Regulations
of the Department of Transportation relative to nondiscrimination in federally -
assisted programs of the Department of Transportation (Title 49, Code of Federal
Regulations, Part 21, hereinafter referred to as the Regulations). which are
herein incorporated by reference and made a part of this contract.
(2) Nondiscrimination: The contractor, with regard to the work performed by it
after award and prior to completion of the contract work, will not discriminate
on the ground of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment.
The contractor will not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in Appendix
"AM "B" and "C"
(3) Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation
made by the contractor for work to be performed under a subcontract, including
procurements of materials or equipment, each potential subcontractor or
supplier shall be notified by the contractor of the contractor's obligations under
this contract and the Regulations relative to nondiscrimination on the ground of
race, color or national origin.
(4) Information and Reports: The contractor will provide all information and
reports required by the Regulations, or orders and instructions issued pursuant
thereto, and will permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the State Highway
Department or the Federal Highway Administration to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where any
information required of a contractor is in the exclusive possession of another who
fails or refuses to furnish this information, the contractor shall so certify to the
State Highway Department, or the Federal Highway Administration as
appropriate, and shall set forth what efforts it has made to obtain the
information.
(5) Sanctions for Noncompliance: In the event of the contractor's noncompliance
with the nondiscrimination provisions of this contract, the State Highway
Department shall impose such contract sanctions as it or the Federal Highway
Administration may determine to be appropriate, including, but not limited to.
(a) withholding of payments to the contractor under the contract until the
contractor complies, and/or
(b) cancellation, termination or suspension of the contract, in whole or in part.
(6) Incorporation of Provisions: The contractor will include the provisions of
paragraph (1) through (6) in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Regulations,
order, or instructions issued pursuant thereto. The contractor will take
such action with respect to any subcontract or procurement as the State
Highway Department or the Federal Highway Administration may direct as
a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that, in the event a contractor
becomes involved in, or is threatened with, litigation with a subcontractor
or supplier as a result of such direction, the contractor may request the
State to enter into such litigation to protect the interests of the State, and,
in addition, the contractor may request the United States to enter into
such litigations to protect the interests of the United States.
* PROHIBITION OF DISCRIMINATION ON THE BASIS OF SEX.
SEC. 162. (a) Chapter 3 of title 23, United States Code is amended by adding
at the end thereof the following new section:
"S 324, Prohibition of discrimination on the basis of sex.
No person shall on the ground of sex be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program
or activity receiving Federal assistance under this title or carried on under this
title. This provision will be enforced through agency provisions and rules
similar to those already established, with respect to racial and other
discrimination, under title VI of the Civil Rights Act of 1964. Hovwever, this
remedy is not exclusive and will not prejudice or cut off any other legal
remedies available to discriminatee."
BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION
The Burlington Northern and
Santa Fe Railway Company
Petitioner,
Vs
Yakima, Washington
Respondent
Docket No.
PETITION
Road Name Washington Avenue
WUTC Crossing No. 1C 87.60
DOT Crossing No. 099-169B
Application is hereby made to the Washington Utilities and Transportation Commission for an
order (check one or more of the following)
[xx] directing the
reconstruction of a grade crossing;
(construction - reconstruction -relocation
[ ] directing installation of automatic grade crossing signal or other warning device (other than crossbucks) at a new crossing.
[xx] directing change of warning devices at an existing crossing;
(replacement -change -upgrade)
[ ] allocating funds from the "grade crossing protective fund" for of active warning
devices; (installation and/or maintenance)
[xx] authorizing the construction of the project, funding to be pursuant to the Intermodal Surface Transportation Efficiency
Act (ISTEA) in cooperation with the Washington State Department of Transportation Local Programs Division;
at the railroad grade crossing identified above and described in this petition. This application seeks the relief specified above
by (check one of the following)
[ ] hearing and order [xx] order without hearing
[xx] [] Has application for funding, pursuant to Intermodal Surface Transportation Efficiency Act
YES NO been made to the Local Programs Division for this project.
[ 1 [ xx If the answer is yes to the question above, has the funding requested under the Intermodal Surface Transportation
YES NO Efficiency Act been denied?
I certify under penalty of perjury that the information provide
Petitioner
in . nd with this petition is true and correct.
John M. Cowles - Manager Public Projects
Print Name Title
2454 Occidental Avenue South, Ste. 1-A
Street Address
Seattle, WA. 98134
City - State - Area Code
1
INTERROGATORIES
Use additional paper as needed
[1]
State name of highway and railway at crossing intersection:
Existing or proposed highway
Washington Avenue mile post
Existing or proposed railway The Burlington Northern and Santa Fe Railway Co. mile post 87.68
Located in NE 1/4 of the SE 1/4 of Sec.31 Twp. 13 N. Range 19 E. W.M.
WVTC crossing number IC 87.60 DOT crossing number 099-169B
Street Washington Avenue City Yakima County Yakima
[2]
Character of crossing (indicate with X or numbers where applicable):
(a) Common Carrier (xx) Logging or Industrial ( )
(b) Main Line (1 ) Branch Line ( ) Siding or Spur (1 )
(c) Total number of tracks at crossing 2
(Note: A track separated 100 feet or more from another track constitutes a separate crossing).
(d) Operating maximum train speed: Legal maximum train speed:
Passenger --- MPH Passenger MPH
Freight 49 MPH Freight 49 MPH
(e) Actual or estimated train traffic in 24 hours:
Passenger Trains --- Freight Trains 6
(Note: Round trip counted as two trains. Include switch movements).
Character of Roadway:
(a) State Highway-Classsification
(b) County Highway -Classification
(c) City Street -Classification
[3]
Pc csf q1 AT 4--e,r-0w\
(d) Number of traffic lanes existing in each direction: 2. Number of additional traffic lanes proposed:
(e) Posted vehicle speed limit: Automobile 3 5 MPH Trucks MPH
(f) Estimated vehicle traffic in 24 hours: Current total f7 Z-6°, including 2 7p trucks and
Z school bus trips. Projected traffic in 40 years: total 2000 ,including 2. t%®
trucks and 1 Z school bus trips.
[4]
(a) If temporary, state for what purpose crossing is to be used and for how long.
N/A
(b) If temporary grade crossing, will you remove the crossing at completion of the activitiy requiring the temporary crossing?
N/A
[5]
(a) State whether or not a safer location for a grade crossing exists within a reasonable distance in either direction from the
proposed point of crossing, and if so, what reason, if any, why this safer location should not be adopted, even though in
doing so, it may be necessary to relocate a portion of the highway or railway.
No
(b) Are there any hillsides, earth, or other embankments, buildings, trees, orchards, side tracks (on which cars might be spotted),
loading platforms, etc., in the vicinity not feasible to move, which may obstruct the view and which can be avoided by
relocating the proposed crossing. Would it be practical to do so: Please describe.
No
[6]
(a) Is it feasible to construct and use an over or under crossing at the intersection of said railway land highway? If not, state
why?
It is economically infeasible and traffic volumes do not warrant a grade separation.
(b) Does the railway line at any point in the vicinity of the proposed crossing pass over a fill or trestle or through a cut where it
is feasible to construct an under or overpass, even though it may be necessary to relocate a portion of the highway to reach
that point?
No.
(c) If a suitable place for an under - or over - crossing exists in the vicinity of the proposed crossing, state the distance from the
proposed crossing; the approximate cost of construction; and what, if any, reason exists why it should not be constructed.
N/A
3
[7]
(a) State approximate distance to nearest public or private crossing in each direction of railroad involved herein.
.55 miles north — Mead Avenue (public crossing)
.95 miles south — Athanum Road (public crossing)
(b) If there is an existing crossing near vicinity, or if more than one crossing is proposed is it feasible to divert highways served
and to be served by existing and proposed crossings, thus eliminating the need for more than one crossing?
No.
(c) If so, state approximate cost of highway relocation to effect such changes.
N/A
(d) Will the proposed crossing eliminate the need for one or more existing crossings in the vicinity? If so, state direction and
approximate distance to the crossing or crossings.
No
(e) If this crossing is authorized, do you propose to close any existing crossing or crossings?
Not at this time.
[8]
State the lengths of views which are now available along the line of railway to travelers on the highway when approaching the
crossing from either side of the railway and when at points on the highway as follows:
Approaching crossing from (direction) an unobstructed view to
right when on highway 300 feet from crossing of feet
right when on highway 200 feet from crossing of feet
right when on highway 100 feet from crossing of feet
right when on highway 50 feet from crossing of feet
right when on highway 25 feet from crossing of feet
left when on highway 300 feet from crossing of feet
left when on highway 200 feet from crossing of feet
left when on highway 50 feet from crossing of feet
left when on highway 25 feet from crossing of feet
Approaching crossing from (opposite direction) an unobstructed view to
Right when on highway 300 feet from crossing of feet
Right when on highway 200 feet from crossing of feet
Right when on highway 100 feet from crossing of feet
Right when on highway 50 feet from crossing of feet
Right when on highway 25 feet from crossing of feet
Left when on highway 300 feet from crossing of feet
Left when on highway 200 feet from crossing of feet
Left when on highway 100 feet from crossing of feet
Left when on highway 50 feet from crossing of feet
Left when on highway 25 feet from crossing of feet
4
[9]
Attach one or more prints showing a vicinity map and a layout of railway and highway, as well as profiles of each, also showing
percent of grade, 500 feet of highway and railway when approaching crossing from all four directions. On the prints, spot and
identify obstructions of view located in all four quadrants. Provide a traffic control layout showing the location of the existing
and proposed signing of the intersections.
See exhibit "A" attached.
[10]
(a) Is it feasible to provide a 25 foot level grade crossing on both sides from center line of railway at point of crossing?
Yes
(b) If not, state in feet the length of level grade it is feasible to obtain.
N/A
(c) Is it feasible to obtain an approach grade, prior to the level grade of five percent or less? If not, state why, and state the
percent approach grade possible.
Yes
[11]
Do you know of any reason not appearing in any of the answers to these interrogatories why the proposed crossing should not be
made at grade or at the point proposed by you? If so, please state same fully.
No
Interrogatories 12 and 13 are to be completed only if this petition involves installation, replacement, or changing of
automatic grade crossing signal or other warning device, other than crossbucks.
[12]
(a) State in detail, the number and type of automatic signals or other warning devices (other than crossbucks) proposed to be
installed. (This portion should be filled in only after conference between the railroad and the petitioning local government
agency.) Relocate the signal in the southwest quadrant and extend signal gates in both quadrants.
Installation of 2 automatic flashing light traffic control devices, cantilever type with gates and constant warning
devices.
(b) State an estimate of the cost for installing the signals or other devices proposed, as obtained from the respondent railroad
company $ 196,571
(c) State a cost estimate for maintaining the signals or devices for 12 months, as obtained from the respondent railroad company
$
(d) If this is an existing crossing, what will the proposed warning devices replace in the way of existing devices.
cantilevered signals and gates.
(e) As the petitioner, are you prepared to pay or will you promise to pay to the respondent railroad company, your share of the
cost of installing the warning devices proposed as provided by law?
( ) Yes ( ) No (N/A) Railroad is petitioner
[13]
Furnish a brief statement of why the public safety requires the installation of the automatic signals or devices as proposed?
Upgrade of warning devices will improve the safety of the motoring public.
5
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RESPONDENT'S WAIVER OF HEARING
Docket No.
Petition of
For
I have investigated the conditions existing at and in the vicinity of the proposed crossing changes. As a result, [check
one or more of the following, as appropriate:]
[ xx] I am satisfied that conditions are as represented in the petition and the interrogatories and that the
petition should be granted.
[xx] The cost of installation (estimated at $ 266,647 )
is acceptable.
[xx ] subject to approval and apportionment pursuant to the Intermodal Surface Transportation Act by
the Washington State Department of Transportation Local Programs Division.
[ ] as apportioned between the parties
[ ] to be paid by petitioner.
Other conditions to waiver of hearing:
Per the agreement between the parties, hereto
The undersigned hereby waives hearing and further notice. The Washington Utilities and Transportation Commission
may enter a final order without further notice of hearing.
Dated at T ci k 0,, q , Washington, on this 3 f4 day of
Respondent C i r y ' c /A tc PMA
By,
Print Name: )' • tde,vbeg.G. A DAMS
Title:
t-ry E.44InlEER.
6
INSTRUCTIONS
General
Petition forms with the interrogatories fully and correctly answered should be filed with the Washington Utilities and
Transportation Commission, Chandler Plaza, 1300 S. Evergreen Park Drive SW, Olympia, Washington, 98504. Blank
forms may be obtained from the same address. All pleadings herein shall conform with WAC 480-09-420 and 425 of
the Commission's Rules and Procedure.
Number of Copies
File the original and one copy if the "Waiver of Hearing by Respondent" is filled out. If petitioner intends that the
Commission serve the respondent, the original and two copies should be filed. If the petitioner serves the respondent, a
certificate of service in conformity with the requirements of WAC 480-09-120 of the Commission's Rules of Practice
and Procedure must be filed.
Parties Who May Petition or Respond
In general, the following persons may file or respond to a petition: highway authorities, (city, county, or state), railroad
companies, and state agencies with lawful authority to construct and maintain public highways (RCW 81.53.030 and
060). In situations where there may be more than one party of interest as either a petitioner or a respondent, all parties
should be joined.
Waiver of Hearing by Respondent
The proceeding can usual be expedited by submitting the applications to the respondent and securing the execution of
the "Waiver of Hearing by Respondent". As an alternative, respondent may file a separate "Answer." If the pleadings
show that the respondent has no objection, an order may be entered without hearing at the discretion of the
Commission, unless the public interest appears to require hearing and unless hearing is required under the terms of
RCW 81.53.030 or 060. In all other cases, the petition shall be set for hearing.
Crossing Construction
Application for crossing state highways should be submitted in duplicate to the District Highway Engineer in the
locality for his recommendation to be attached and forwarded to the State Department of Transportation Secretary,
Olympia.
A party, after having been granted authority by the Commission to construct a crossing, must acquire right of way or
easement because the order of the Commission merely relates to public safety and grants only toe right to cross, subject
to acquiring a right of way or easement.
Time for Replying to a Petition
A petition not answered within 20 days of the date of service, shall be deemed denied and may be set for hearing. If a
qualified or conditional answer is filed by the respondent, the petitioner may file a "Replay" within 10 days of the date
the "Answer" is served.
(PLEASE REMOVE THIS SHEET BEFORE FILING PETITION)
7
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. *- 1 I
For Meeting Of: February 1, 2005
PURPOSE: Consideration of a resolution authorizing the City Manager to execute
documents pursuant to a Federal Aid Safety Project Grant for Highway -
Railway Grade Crossing reconstruction of the railroad mainline crossing
of Washington Avenue.
SUBMITTED BY: Vlam R. Cook, CED Department Director, 575-6227
CONTACT:
Kay Adams, P.E., City Engineer, 575-6111, Engineering Division
SUMMARY EXPLANATION:
The Engineering Division of the City has applied for and been awarded a $266,647 grant
for the reconstruction of Washington Avenue mainline railroad crossing. This Federal
Aid Safety Project Grant is established for partnering with Burlington Northern and
Santa Fe Railway (BNSF) and the Washington Utilities and Transportation Commission
(WUTC) to: "remove existing antiquated cantilevered signals and install new automatic
flashing light traffic control devices, cantilevered type, with gates and constant warning
devices. Replace existing crossing surface, on mainline track only, with concrete."
The grant is structured such that BNSF is responsible to design and build the project
under the auspices of the City of Yakima Engineering Division, the Washington State
Department of Transportation Local Programs (WSDOT), and WUTC pursuant to the
Federal Aid Safety Project Grant for Highway -Railway Grade Crossing Warning
Devices. Construction funds expended by BNSF are requested and the city processes
the reimbursement request to the WSDOT. There are no project costs to the City of
Yakima.
Resolution _X_ Ordinance Contract Other: Petition to WUTC
Funding Source: (Reimbursements through) Arterial Street Fund - 142
Approval for Submittal:
City ?Tanager
STAFF RECOMMENDATION: Staff recommends approval of the resolution.
BOARD/ COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2005-30