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HomeMy WebLinkAbout4579RESOLUTION NO. 4579 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ACCEPT GRANT FUNDING FROM THE WASHINGTON STATE UTILITIES AND TRANSPORTATION COMMISSION - GRADE CROSSING PROTECTIVE FUND WHEREAS, the City of Auburn is proposing to install battery back-up power systems for traffic signals at three crossings in the City to improve pedestrian and vehicular safety at each location. The crossings are identified as West Main and C Street Southwest; 3rd and C Street Northwest; and 37th and B Street Northwest in the City of Auburn; and WHEREAS, on January 29, 2010 the City of Auburn submitted a grant application to the Washington State Utilities and Transportation Commission Grade Crossing Protective Fund to partially fund the installation of these battery back-up systems; and WHEREAS, on February 26, 2010, the Washington Utilities and Transportation Commission awarded the City a Grade Crossing Protective Fund grant for the amount of $20,000 with no required local funding match for construction of the project; and WHEREAS, the Washington Utilities and Transportation Commission is an agency of the State of Washington having jurisdiction over public railroad- Resolution No. 4579 March 15, 2010 Page 1 of 5 highway grade crossings within the state of Washington, and authority to approve and administer disbursements from the Grade Crossing Protective Fund; and WHEREAS, it is in the best interest of the City to use State monies to finance capital improvements to the transportation system; and WHEREAS, the Washington Utilities and Transportation Commission requires a Local Agency Agreement to utilize Grade Crossing Protective funds for the project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is hereby authorized to execute a Local Agency Agreement between the City and Washington Utilities and Transportation Commission for the Construction phase in the total amount of $20,000, in substantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Resolution No. 4579 March 15, 2010 Page 2 of 5 Dated and signed this day of 2010. C Peter B. Lewis Mayor ATTEST: Dani Ile E. Daskam, City Clerk APPROVED AS TO FORM: ~ Daniel B. Heid, City Attorney Resolution No. 4579 March 15, 2010 Page 3 of 5 Exhibit "A" PRf3JECT AGREE~iE\'T GR.ADE CROSSI\G PROTECTI\'E FLND Dorket Na.: TR-I00193 ConuiussionApproval Data: Febniaiy 26.20 IQ A. PARTIES OF THE AGREEti°1E:vT This praject grant agreetnent (agrezmznt) is eutered into Uemveen the Washington Utilitizs and Transgortation Couu7ussian (LTTC'). P.O. gox 47250. Olynipia. Washinston 98504-7250 antt the City of Aubuni, 25 TVest Main Sheet. :1tiburn. ttrastiingtrni 98001. and shall be biudina lipon tltz agents and all persons actiti, by or thrau-0i the parties. B. PURPO5E C1F THE AGREEMEVT This agreenietit sets out the tenus and conditions by wlucli eruzts are niade fi•oui the Grade Crassing Protzctive Fund. These 2xants are administered by the L'"fC to the grantee for pocket :Vo. TR-IO0 193. idzntifizcl aUove. C. DESCRIPTION C)F PROJECT TR• I dD193 invoives installins battery back-up power systems for the traffic sipaals at ttu•ez crossuigs witli u;€ercamiectian beiween tlie railroad an(i traffie signals. TtYe crossiuigs are iderrtifled as USD4T 085655A. 085652E. aud 085647H. The crossings at-e located at ~Test h~iain aud C St~~eet 5c~i~th«°est; 3`d and C Su~zet ~Iortli~,~est; arrd 37 ffi Street and B Street'_tioithNvest atid B`dSF Raihi•av's tracl:s in the City ot Aubiuii iii kin2 Cotuuv. Washi.tltrtan. D. PERIOD OF PERFOR1iANC'E The project reiuiUursement period shail beari on Febniaiy 26. 20 10. aiid enei Decetnber 31, 2010. No expendinme made befare or after tkus period is eligiUle tor reinibursement unless incorporated by written amen<tmeiit inio this apeement. E. PROiECT FL\'DING Total grant hmtiino awarded by the UTC for this pro~ect shall uot eaceed S20.000. The total approeiniate cost af the project is S39.600. I'lie Ciry of AubtuYi is coiitributina S19.640 totivard the project. The graritee shali be responsible for all additional costs. F. RIGHTS AND OBLIC~'rATFC)VS A71 rights aud obligations of the parties ro tlus agi•eenient arestibject tcr this agreeniennt find its actacluliznts, utclnd'uig the mntee's appliration. conunission orcters, arid the aeneral pravisions, all ufwhich ar~ attaclieci tuld ineaiparated iiito t2us a-areement. Except as prot•idect, no altzration of any of the tefuis or eanditions of this agreenient wi11 be effeetiG•e tuiless pravided in wrEtuig. All aiterauatis uiust t?e sianed by borli „a1rie: Resolution No. 4579 March 15, 2010 Page 4 of 5 Tlzz zl"lntee has reaci, fiilly imderstan(is anel agrees to be botmd by <71I tenns ancl coitditiaiis in these dociuiients. G. COMPLL4-Vt:E VV'ITH APPLIE'ABLE STATL;T`ES. RULES, AND UTC POLICIES This aerezmznt is 2ovet7ied by, and chz grantee stiall comply u=ith. all applicaUle state aiid federal laws aiid reeulatious. uicluduig RC`W 81.53.28 1, the pubtished ageiicy niles in 450-62 WAC. aiid the conunission's arder in diis uuatter wltich are incoigorated by this r2fer2uce as if fiilFy set forth, H. PRGJECT CiR4`1T AGREEMENT REPRESENTATIE7E All written coimiituiicatioils seiit to the srantee tuider this agreement will be addressed aiid delit•ered ta: City of Aubiun IItilities aiid Transpoitation Coimuiasiaii Chris Hankuis Katkiv Himter 35 West N4ain Stitet 1300 S. Eczrareen Park Dr, SW Aubttnt. Vv':~ 95001 P.O. Box 4 i_ SU Olyntipia. )4'A 98544-7250 These addresses sTiall t?e effective unti] reczipt Uy ane party fi•oiu tliz ather of a w1"1if811110T1C2_0f 3T1y CI1i112_2. L £NTIRE ACiREEhfE:tilT This agreeineirt, alotig with all attactunents. consritutes the etitiie agreeukertt of tlie articles. 'Na athet- nndersrandiztgs. oral or otiietwise. regarclui; this agreeuieiit sluall exist or biiid au} af the parties. J. EFFEC'TIZ?E DATE This a_greetiient skali be effectiee upon siguiue by all pairties. State ofWashinaton L'tilities aiid Transpoirtation C'oi7unission Bp: (ExecizTivz Direcior aiid 5ecreEary) C ICV Of AUblilli B}': Titte: Approved as to fonti: Bv: ~ Assistaait Attauie}T General Uate: Dett2: Resolution No. 4579 March 15, 2010 Page 5 of 5 BEFORE THE WASHINGTON STATE UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of CITY OF AUBURN, Petitioner, Seeking Approval to Upgrade Railroad-Highway Grade Crossings. DOCKET TR-100193 ORDER O1 ORDER GRANTING PETITION TO UPGRADE RAILROAD-HIGHWAY GRADE CROSSINGS AND AUTHORIZING EXPENDITURE FROM THE GRADE CROSSING PROTECTIVE FUND USDOT: 085655A USDOT: 085652E USDOT: 085647H BACKGROUND On January 29, 2010, the City of Auburn (Petitioner) filed with the Washington Utilities and Transportation Commission (Commission), a petition seeking approval to install battery back-up power systems for the traffic signals at three crossings with interconnection between the railroad and traffic signals. The crossings are identified as USDOT 085655A at West Main and C Street Southwest; USDOT 085652E at 3`d and C Street Northwest; and USDOT 085647H at 37th and B Street Northwest in the City of Auburn. Each crossing is located within 150 feet of a BNSF Railway railroad crossing. The Petitioner further requested the Commission authorize an expenditure of $20,000 from the Grade Crossing Protective Fund (GCPF) to pay for a portion of the upgrades. Railroad warning devices at the West Main Street and C Street Southwest; 3rd Street Northwest and C Street Northwest; and 37th Street Northwest and B Street Northwest crossings consist of cantilever mounted lights and gates. The Petitioner proposes to install battery back-up power systems for the traffic signals at these crossings. The proposed back-up power systems will provide power to the traffic signals if there is a power outage. Without consistent power, the traffic signal preemption will cease communicating with the railroad signals thus creating the potential for traffic to back-up over the railroad crossings. The railroad signals already have a battery back-up system maintained by BNSF Railway. Approximately 30 freight trains traveling up to 40 miles per hour use these crossings daily. Passenger trains traveling up to 79 miles per hour also use these crossings. These DOCKET NO. TR-100193 ORDER NO. 01 PAGE 2 upgrades will improve the overall safety at the crossing because there will be no disruption of the traffic signal preemption during periods of power outages. The Manual of Uniform Traffic Control Devices recommends a battery back-up system for interconnected traffic signals. 4 The Petitioner is requesting a disbursement of $20,000 to pay for a portion of the upgrades. The total approximate cost of the project is $39,600. The City of Auburn will pay for costs exceeding $20,000. An expenditure of $20,000 from the Grade Crossing Protective Fund is available to help fund the improvements. FINDINGS AND CONCLUSIONS 5 (1) The Washington Utilities and Transportation Commission is an agency of the State of Washington having jurisdiction over public railroad-highway grade crossings within the state of Washington, and authority to approve and administer disbursements from the Grade Crossing Protective Fund. RC41' 81. 53; RC'W'81.53.2?l; RC"GV81.51281. 6 (2) The grade crossings at West Main Street and C Street Southwest; 3rd Street Northwest and C Street Northwest; and 37th Street Northwest and B Street Northwest, identified as USDOT 085655A; USDOT 085652E; and USDOT 085647H are public railroad-highway grade crossings within the state of Washington. ~ (3) IZC W 81.5 3261 requires the Commission grant approval prior to any changes to public railroad-highway grade crossings within the state of Washington. See also GVAC 480-62-15(}. 8 (4) RCVV 81.53.271 allows the Commission to disburse up to $20,000 from the Grade Crossing Protective Fund to pay for the installation of a grade crossing protective device, without requiring the Petitioner to share the cost. 9 (5) Commission Staff investigated the petition and recommended that it be granted, subject to specified conditions. 10 (6) After reviewing City of Auburn's petition filed on January 29, 2010, and giving due consideration to all relevant matters and for good cause shown, the Commission grants the petition and request for disbursement of funds. DOCKET NO. TR-100193 ORDER NO. 01 ORDER THE COMMISSION ORDERS: PAGE 3 City of Auburn's petition to upgrade warning devices at a railroad-highway grade crossing, located at West Main Street and C Street Southwest; 3rd Street Northwest and C Street Northwest; and 37th Street Northwest and B Street Northwest, is granted. The cost of this upgrade shall be paid from the Grade Crossing Protective Fund. Approval of the petition is subject to the following conditions: (1) Expenditure from the Grade Crossing Protective Fund must not exceed $20,000. (2) Payment will be made upon presentation of claim for reimbursement for materials and labor, and verification by Commission Staff that the work has been satisfactorily completed. (3) City of Auburn must sign and return the attached project agreement. (4) The project must be completed no later than December 31, 2010. (5) Traffic control devices must comply with all applicable standards specified in the U.S. Department of Transportation Manual on Uniform Traffic Control Devices. (6) City of Auburn must notify the Commission on completion of the upgrades authorized in this Order. Acceptance of the upgrades is subject to inspection by Commission Staff, and verification that the crossing is in full compliance with applicable laws, regulations, and the conditions specified in this Order. The Commissioners, having determined this Order to be consistent with the public interest, directed the Secretary to enter this Order. DOCKET NO. TR-100193 PAGE 4 ORDER NO. 01 DATED at Olympia, Washington, and effective February 26, 2010. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION DAVID W. DANNER, Executive Director and Secretary NOTICE: This is an order delegated to the Secretary for decision. In addition to serving you a copy of the decision, the Commission will post on its Internet Web site for at least fourteen (14) days a listing of all matters delegated to the Secretary for decision. You may seek Commission review of this decision. You must file a request for Commission review of this order no later than fourteen (14) days after the date the decision is posted on the Commission's Web site. The Commission will schedule your request for review for consideration at a regularly scheduled open meeting. The Commission will notify you of the time and place of the open meeting at which the Commission will review the order. The Commission will grant a late-filed request for review only on a showing of good cause, including a satisfactory explanation of why the person did not timely file the request. A form for late-filed requests is available on the Commission's Web site. This notice and review process is pursuant to the provisions of RCW 80.01.030 and WAC 480-07-904(2) and (3). PROJECT AGREEMENT GRADE CROSSING PROTECTIVE FUND Dacket No.: TR-100193 Commission Approval Date: February 26, 2010 A. PARTIES OF THE AGREEMENT This project grant agreement (agreement) is entered into between the Washington Utilities and Transportation Commission (UTC), P.O. Box 47250, Olympia, Washington 98504-7250 and the City of Auburn, 25 West Main Street, Auburn, Washington 98001, and shall be binding upon the agents and all persons acting by or through the parties, B. PURl'OSE OF THE AGREEMENT This agreement sets out the terms and conditions by which grants are made from the Grade Crossing Protective Fund. These grants are administered by the UTC to the grantee for pocket No. TR-100193, identified above. C. DESCRIPTION OF PROJECT TR-100193 involves installing battery back-up power systems for the traffic signals at three crossings with interconnection between the railroad and traffic signals. The. crossings are identified as USDOT 085655A, 085652E, and 085647H. The crossings are located at West Main and C Street Southwest; 3`d and C Street Northwest; and 37`h Street and B Street Northwest and BNSF Railway's tracks in the City of Auburn in King County, Washington. D. PERIOD OF PERFORMANCE The project reimbursement period shall begin on February 26, 2010, and end December 31, 2010. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this agreement. E. PROJECT FUNDING Total grant funding awarded by the UTC for this project shall not exceed $20,000. The total approximate cost of the project is $39,600. The City of Auburn is contributing $19,600 toward the project. The grantee shall be responsible for all additional costs. F. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this agreement are subject to this agreement and its attachments, including the grantee's application, commission orders, and the general provisions, all of which are attached and incorporated into this agreement. Except as provided, no alteration of any of the terms or conditions of this agreement will be effective unless provided in writing. All alterations must be signed by both parties. Docket Nos. TR-100193 PROJECT AGREEMENT GRADE CROSSING PROTECTIVE FUND Docket No.: TR-100193 Commission Approval Date: February 26, 2010 A. PARTIES OF THE AGREEMENT This project grant agreement (agreement) is entered into between the Washington Utilities and Transportation Commission (UTC), P.O. Box 47250, Olympia, Washington 98504-7250 and the City of Auburn, 25 West Main Street, Auburn, Washington 98001, and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE OF THE AGREEMENT This agreement sets out the terms and conditions by which grants are made from the Grade Crossing Protective Fund. These grants are administered by the UTC to the grantee for pocket No. TR-100193, identified above. C. DESCRIPTION OF PROJECT TR-100193 involves installing battery back-up power systems for the traffic signals at three crossings with interconnection between the railroad and traffic signals. The crossings are identified as USDOT 085655A, 085652E, and 085647H. The crossings are located at West Main and C Street Southwest; 3rd and C Street Northwest; and 37th Street and B Street Northwest and BNSF Railway's tracks in the City of Auburn in King County, Washington. D. PERIOD OF PERFORMANCE The project reimbursement period shall begin on February 26, 2010, and end December 31, 2010. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this agreement. E. PROJECT FUNDING Total grant funding awarded by the UTC for this project shall not exceed $20,000. The total approximate cost of the project is $39,600. The City of Auburn is contributing $19,600 toward the project. The grantee shall be responsible for all additional costs. F. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this agreement are subject to this agreement and its attachments, including the grantee's application, commission orders, and the general provisions, all of which are attached and incorporated into this agreement. Except as provided, no alteration of any of the terms or conditions of this agreement will be effective unless provided in writing. All alterations must be signed by both parties. Docket Nos. TR-100193 The grantee has read, fully understands and agrees to be bound by all terms and conditions in these documents. G. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND UTC POLICIES This agreement is governed by, and the grantee shall comply with, all applicable state and federal laws and regulations, including RCW 81.53.281, the published agency rules in 480-62 WAC, and the commission's order in this matter which are incorporated by th'is reference as if fully set forth. H. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications sent to the grantee under this agreement will be addressed and delivered to: City of Auburn Utilities and Transportation Commission Chris Hankins Kathy Hunter 25 West Main Street 1300 S. Evergreen Park Dr. SW Auburn, WA 98001 P.O. Box 47250 Olympia, WA 98504-7250 These addresses shall be effective until receipt by one party from the other of a written notice of any change. 1. ENTIRE AGREEMENT This agreement, along with all attachments, constitutes the entire agreement of the articles. No other understandings, oral or otherwise, regarding this agreement shall exist or bind any of the parties. J. EFFECTIVE DATE This agreement shall be effective upon signing by all parties. State of Washington Utilities and Transportation Commission By: and Secretary) Date: City of uburn - By: Title: YdIC- Approved as to form: ~ By: /s/ Assistant Attorney General Date: MAR 15"2010 Docket Nos. TR-100193 2 2009-2011 Washington UTC Grade Crossing Protective Fund Grant Proposed Battery Backup Signal Location c[TY oF City of Aubum, Washington AtfBBurlington T ~~~°~T NoRhern J~~ Proposed Battery Backup Signal Locations Santa Fe Railroad WASHINGTON Created on January 22, 2010