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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 NGI1VAD1] Show Sidewalk location as appropriate Wnututu aue� nlul io a6P3 1 J 0 5 11 ainlnj ;o lunouy a 0 r+ n of sauet taqunN co 11 11 IV111Y*anS UOJ /MIA NOIIVAEI 1] NO IIOJS a a n3 C•C•Ill XlON3ddy INSTRUMENT HOUSE BELL •. METER • CROSSING CONTROLL CONNECTIONS Q BIDIRECTIONAL CROSSING CONTROL I> UNIDIRECTIONAL CROSSING CONTROL Pi COUPLER OR TERMINATION GUARD RAIL /5050 - OUT SALVAGE: NONE o -I 0 m n In N n Z D z -, z N - Ile r Z -i m .. < m N Z v a lag..o. A IMM �� Er MK — !r MX. 34 603 ?"7° ak, 'Kt . \L r �L 392+°I is 1 n N v1!^Eli �§8tn 0..w18s ilnm_ear•-iZmplo'o•- A�mn.o, ..D or �P ki co��W i Z z a 111 i< y r n r 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