HomeMy WebLinkAbout5613ORDINANCE NO. 5 6 1 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A LOCAL AGENCY AGREEMENT AND PROJECT PROSPECTUS,
AUTHORIZING THE APPROPRIATION AND EXPENDITURE OF FEDERAL
FUNDS FOR PROJECT NO. C1017, WEST MAIN AND UPRR CROSSING
IMPROVEMENTS.
WHEREAS, the City Council of the City of Auburn must adopt and
approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to Chapter 35A.33 RCW, the City Council hereby
approves the appropriation and expenditure of Federal funds in the amount of
$250,000 for Project No. C1017, West Main and Union Pacific Railroad (UPRR)
Crossing Improvements. City matching funds are not required. The Mayor and
City Clerk are hereby authorized to execute the Local Agency Agreement to
obligate the amount of $12,500 for the preliminary engineering phase of the
project, a copy of which is attached hereto as Exhibit "A" and is incorporated
herein by reference, and the Project Prospectus, a copy of which is attached
hereto as Exhibit "B" and is incorporated herein by this reference. The Mayor
and City Clerk are also authorized to approve and execute any future
Ordinance No. 5613
December 3, 2001
Page 1
supplemental agreements thereto required for obligation of the remainder of the
$250,000 and completion of phases of the project including but not limited to
design, right-of-way, and construction.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 3. This ordinance shall take effect and be in force five (5) days
from and after its passage, approval, and publication, as provided by law.
Ordinance No. 5613
December 3, 2001
Page 2
INTRODUCED: December 17. 2001
PASSED: December 17, 2001
APPROVED: December 17, 2001
� (� ,1�ok
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
4J.nolds, Micha
City Attorney
PUBLISHED: �3101
Ordinance No. 5613
December 3, 2001
Page 3
Washington State
Adft
�� Department of Transportation
Agency City of Auburn AGDXVQOWV
Address 25 West Main Street
Auburn, WA 98001-4998
Local Agency Agreement
CFDA No. 20.205
(Catalog of Federal Domestic Assistance) \
Project No. 5TYXII- �OC10 (0o5)
Agreement No. M 5223
For OSC WSDOT Use
The Local Agency 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, (3) Office of Management and Budget Circulars A-102, A-87 and A-133, (4) the policies and procedures promulgated by the Washington State
Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the
Washington State Department of Tmnspomtion will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be
obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal
Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name West Main Street/ Union Pacific Railroad Crossing Gates Length •007 miles
Termini West Main Street and Union Pacific Railroad
Description of Work
Install shoulder mounted cantilever signals and gates.
Agency Official Washington State Department of ransportation
By6y l o
Title
DOT Form 140-039 EF Ord. 5613
Revised 2/01 Exhibit 'A'
Assistant Secretary for Highways and Local Programs
Date Executed JAN 2 9 2002
Type of Work
Estimate of Funding
(t) (2)
Estimated Total Estimated Agency
Project Funds Funds
(3)
Estimated
Federal Funds
PE
a. Agency
675.00
675.00
100 %
b. Other Union Pacific Railreoad
11,600.00
11,600.00
c. Other
Federal Aid
Participation
d. State
225.00
225.00
Ratio for PE
e. Total PE Cost Estimate a+b+c+d
12,500.00
12,500.00
Right of Way
f. A enc
.Other
h. Other
Federal Aid
Participation
Ratio for RW
i. State
i. Total R/W Cost Estimate f+ +h+i
Construction
k. Contract
I. Other UP Railroad
m. Other
n. Other
100 %
Federal Aid
Participation
--- --
p. State
Ratio for CN
q. Total CN Cost Estimate k+l+m+n+o+
r. Total Project Cost Estimate (e+j+q)
12,500.00
12,500.00
Agency Official Washington State Department of ransportation
By6y l o
Title
DOT Form 140-039 EF Ord. 5613
Revised 2/01 Exhibit 'A'
Assistant Secretary for Highways and Local Programs
Date Executed JAN 2 9 2002
Construction Method of Financing (Check Method Selected)
State Ad and Award
❑ Method A - Advance Payment - Agency Share of total construction cost (based on contract award)
❑ Method B - Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of
at $
Local Force or Local Ad and Award
® Method C - Agency cost incurred with partial reimbursement
Provisions
I. Scope of Work
per month for
months.
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a
condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth
below. Adopted by official action on
December 17
2001 , Resolution/Ordinance No. 5613
The Agency shall provide all the work, labor, materials, and services necessary
to perform the project which is described and set forth in detail in the "Project
Description' and'Type of Work."
When the State acts for and on behalf of the Agency, the State shall be deemed
an agent of the Agency and shall perform the services described and indicated in
`Type of Work" on the face of this agreement, in accordance with plans and
specifications as proposed by the Agency and approved by the State and the
Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by
the Agency, the State shall have the right to perform the work subject to the
ordinary procedures of the State and Federal Highway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by
the administration of this project. The Agency agrees that the State shall have the
full authority to carry out this administration. The State shall review, process, and
approve documents required for federal aid reimbursement in accordance with
federal requirements. If the State advertises and awards the contract, the State
will further act for the Agency in all matters concerning the project as requested
by the Agency. If the Local Agency advertises and awards the project, the State
shall review the work to ensure conformity with the approved plans and
specifications.
III. Project Administration
Certain types of work and services shall be provided by the State on this
project as requested by the Agency and described in the Type of Work above. In
addition, the State will famish qualified personnel for the supervision and
inspection of the work in progress. On Local Agency advertised and awarded
projects, the supervision and inspection shall be limited to ensuring all work is in
conformance with approved plans, specifications, and federal aid requirements.
The salary of such engineer or other supervisor and all other salaries and costs
incurred by State forces upon the project will be considered a cost thereof. All
costs related to this project incurred by employees of the State in the customary
manner on highway payrolls and vouchers shall be charged as costs of the
project.
IV. Availability of Records
All project records in support of all costs inured and actual expenditures
kept by the Agency are to be maintained in accordance with local government
accounting procedures prescribed by the Washington State Auditor's Office,
the U.S. Department of Transportation, and the Washington State Department
of Transportation. The records shall be open to inspection by the State and
Federal Government 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 federal aid funds to the Agency. Copies of said records
shall be furnished to the State and/or Federal Govemment upon request.
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any
classification of work on this project until authorized in writing by the State for
each classification. The classifications of work for projects are:
DOT Form 140-03e EF
Revised 2/01
1. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
In the event that right of way acquisition, or actual construction of the road, for
which preliminary engineering is undertaken is not started by the closing of the tenth
fiscal year following the fiscal year in which the agreement is executed, the Agency
will repay to the State the sum or sums of federal funds paid to the Agency under the
terms of this agreement (see Section D{).
The Agency agrees that all stages of construction necessary to provide the initially
planned complete facility within the limits of this project will conform to at least the
minimum values set by approved statewide design standards applicable to this class
of highways, even though such additional work is financed without federal aid
participation.
The Agency agrees that on federal aid highway construction projects, the current
federal aid regulations which apply to liquidated damages relative to the basis of
federal participation in the project cost shall be applicable in the event the contractor
fails to complete the contract within the contract time.
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and
other expenses of the State, is to be paid by the Agency and by the Federal
Government. Federal funding shall be in accordance with the Transportation
Equity Act for the 21 st Century (TEA 21), as amended, and Office of
Management and Budget circulars A-102, A-87 and A-133. The State shall not
be ultimately responsible for any of the costs of the project. The Agency shall be
ultimately responsible for all costs associated with the project which are not
reimbursed by the Federal Government. Nothing in this agreement shall be
construed as a promise by the State as to the amount or nature of federal
participation in this project.
1. Preliminary Engineering, Right of Way Acquisition, and Audit Costs
The Agency will pay for Agency incurred costs on the project. Following such
payments, vouchers shall be submitted to the State in the format prescribed by the
State, in duplicate, not more than once per month. The State will reimburse the
Agency up to the amount shown on the face of this agreement for those costs
eligible for federal participation to the extent that such costs are directly attributable
and properly allocable to this project. Expenditures by the Local Agency for
maintenance, general administration, supervision, and other overhead shall not be
eligible for federal participation unless an indirect cost plan nas been approved by
WSDOT.
The State will pay for State incurred costs on the project. Following
payment, the State shall bill the Federal Government for reimbursement of
those costs eligible for federal participation to the extent that such costs are
attributable and properly allocable to this project. The State shall bill the
Agency for that portion of State costs which were not reimbursed by the
Federal Government (see Section IX).
2. Project Construction Costs
Project construction financing will be accomplished by one of the three
methods as indicated in this agreement.
,Method A -The Agency will place with the State, within (20) days after the
execution of the construction contract, an advance in the amount of the
Agency's share of the total construction cost based on the contract award. The
State will notify the Agency of the exact amount to be deposited with the State.
The State will pay all costs incurred under the contract upon presentation of
progress billings from the contractor. Following such payments, the Stale will
submit a billing to the Federal Government for the federal aid participation
share of the cost. When the project is substantially completed and final actual
costs of the project can be determined, the State will present the Agency with a
final billing showing the amount due the State or the amount due the Agency.
This billing will be cleared by either a payment from the Agency to the State or
by a refund from the State to the Agency.
Method B - The Agency's share of the total construction cost as shown on
the face of this agreement shall be withheld from its monthly fuel tax
allotments. The face of this agreement establishes the months in which the
withholding shall take place and the exact amount to be withheld each month.
The extent of withholding will be confirmed by letter from the State at the time
of contract award. Upon receipt of progress billings from the contractor, the
State will submit such billings to the Federal Government for payment of its
participating portion of such billings.
Method C - The Agency may submit vouchers to the State in the format
prescribed by the State, in duplicate, not more than once per month for those
costs eligible for Federal participation to the extent that such costs are directly
attributable and properly allocable to this project. Expenditures by the Local
Agency for maintenance, general administration, supervision, and other
overhead shall not be eligible for Federal participation unless claimed under a
previously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project
costs up to the amount shown on the face of this agreement. At the time of
audit, the Agency will provide documentation of all costs incurred on the
project.
The State shall bill the Agency for all costs incurred by the State relative to
the project. The State shall also bill the Agency for the federal funds paid by
the State to the Agency for project costs which are subsequently determined to
be ineligible for federal participation (see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, 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 Agency's files and made
available to the State and the Pedestal Government.
An audit shall be conducted by the WSDOT Internal Audit Office in
accordance with generally accepted governmental auditing standards as
issued by the United States General Accounting Office by the Comptroller
General of the United States; WSDOT Manual M 27-50, Consultant
Authorization, Selection, and Agreement Administration; memoranda of
understanding between WSDOT and FHWA; and Office of Management
and Budget Circular A-133.
If upon audit it is found that overpayment or participation of federal
money in ineligible items of cost has occurred, the Agency shall reimburse
the State for the amount of such overpayment or excess participation (see
Section DQ.
VIII. Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal
Office of Management and Budget (OMB) Circular A-133 as well as all
applicable federal and state statutes and regulations. A subrecipient who
expends $300,000 or more in federal awards from all sources during a given
fiscal year shall have a single or program -specific audit performed for that
year in accordance with the provisions of OMB Circular A-133. Upon
conclusion of the A-133 audit, the Agency shall be responsible for ensuring
that a copy of the report is transmitted promptly to the State.
IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of
the State's billing relative to the pmject (e.g., State force work, project
cancellation, overpayment, cost ineligible for federal participation, etc.) is not
made to the State within 45 days after the Agency has been billed, the State
shall effect reimbursement of the total sum due from the regular monthly fuel
tax allotments to the Agency from the Motor Vehicle Fund. No additional
Federal project funding will be approved until full payment is received unless
otherwise directed the Assistant Secretary for Highways and Local Programs.
DOT Forth 140-039 EF
Revised 2101
X. Traffic Control, Signing, Marking, and Roadway
Maintenance
The Agency will not permit any changes to be made in the provisions for parking
regulations and traffic control on this project without prior approval of the State and
Federal Highway Administration. The Agency will not install or permit to be
installed any signs, signals, or markings not in conformance with the standards
approved by the Federal Highway Administration and MUTCD. The Agency will,
at its own expense, maintain the improvement covered by this agreement.
A. Indemnity
The Agency shall hold the Federal Government and the State harmless from and
shall process and defend at its own expense all claims, demands, or suits, whether at
law or equity brought against the Agency, State, or Federal Government, arising
from the Agency's execution, performance, or failure to perform any of the
provisions of this agreement, or of any other agreement or contract connected with
this agreement, or arising by reason of the participation of the State or Federal
Government in the project, PROVIDED, nothing herein shall require the Agency to
reimburse the State or the Federal Government for damages arising out of bodily
injury to persons or damage to property caused by or resulting from the sole
negligence of the Federal Govemmcnt or the State.
No liability shall attach to the State or Federal Government except as expressly
provided herein.
XII. Nondiscrimination Provision
The Agency shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of any USDOT-assisted contract and/or
agreement or in the administration of its DBE program or the requirements of 49
CFR Part 26. The Agency shall take all necessary and reasonable steps under 49
CFR Part 26 to ensure nondiscrimination in the award and administration of
USDOT-assisted contracts and agreements. The WSDOT's DHE program, as
required by 49 CFR Part 26 and as approved by USDOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the Agency of its failure to tarty out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the
Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
The Agency hereby agrees that it will incorporate or cause to be incorporated into
any contract for construction work, or modification thereof, as defined in the rules
and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in
whole or in part with funds obtained from the Federal Government or borrowed on
the credit of the Federal Government pursuant to a grant, contract, loan, insurance,
or guarantee or understanding pursuant to any federal program involving such grant,
contract, loan, insurance, or guarantee, the required contract provisions for
Federal -Aid Contracts (FH WA 1273), located in Chapter 44 of the Local Agency
Guidelines.
The Agency further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in -
federally assisted construction work: Provided, that if the applicant so
participating is a State or Local Government, the above equal opportunity clause
is not applicable to any agency, instrumentality, or subdivision of such
government which does not participate in work on or under the contract.
The Agency also agrees:
(1) To assist and cooperate actively with the State in obtaining the compliance of
contractors and subcontractors with the equal opportunity clause and rules,
regulations, and relevant orders of the Secretary of Labor.
(2) To furnish the State such information as it may require for the supervision of
such compliance and that it will otherwise assist the State in the discharge of its
primary responsibility for securing compliance.
(3) To refrain from entering into any contract or contract modification subject to
Executive Order 11246 of September 24, 1965, with a contractor debarred from, or
who has not demonstrated eligibility for, government contracts and federally
assisted construction contracts pursuant to the Executive Order.
(4) To carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon contractors and subcontractors by the
State, Federal Highway Administration, or the Secretary of Labor pursuant to Part
B, subpart D of the Executive Order.
in zdditio'n, the Agency agrees that if it fails or refuses to comply with these
undertakings, the State may take any or all of the following actions:
(a) Cancel, terminate, or suspend this agreement in whole or in part;
(b) Refrain from extending any further assistance to the Agency under the
program with respect to which the failure or refusal occurred until satisfactory
assurance of future compliance has been received from the Agency; and
(c) Refer the case to the Department of Justice for appropriate legal proceedings.
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR
Part 630, Subpart 305, as supplemented, relative to the amount of Federal
participation in the project cost, shall be applicable in the event the contractor
fails to complete the contract within the contract time. Failure to include
liquidated damages provision will not relieve the Agency from reduction of
federal participation in accordance with this paragraph.
XIV. Termination for Public Convenience
The Secretary of the Washington State Department of Transportation may
terminate the contract in whole, or from time to time in part, whenever:
(1) The requisite federal funding becomes unavailable through failure of
appropriation or otherwise.
(2) The contractor is prevented from proceeding with the work as a direct
result of an Executive Order of the President with respect to the prosecution of
war or in the interest of national defense, or an Executive Order of the
President or Governor of the State with respect to the preservation of energy
resources.
(3) The contractor is prevented from proceeding with the work by reason of
a preliminary, special, or permanent restraining order of a court of competent
jurisdiction where the issuance of such order is primarily caused by the acts or
omissions of persons or agencies other than the contractor.
(4) The Secretary determines that such termination is in the best interests of
the State.
DOT Form 140-039 EF
Revised 2101
XV. Venue for Claims and/or Causes of Action
For the convenience of the parties to this contract, it is agreed that any claims
and/or causes of action which the Local Agency has against the State of
Washington, growing out of this contract or the project with which it is
concerned, shall be brought only in the Superior Court for Thurston County.
XVI. Certification Regarding the Restrictions of the Use
of Federal Funds for Lobbying
The approving authority certifies, to the best of his or her knowledge and belief,
that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of any federal agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with
the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee
of any federal agency, a member of Congress, an officer or employee of Congress,
or an employee of a member of Congress in connection with this federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit
the Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subgrants,
and contracts and subcontracts under grants, subgrants, loans, and cooperative
agreements) which exceed $100,000, and that all such subrecipients shall certify
and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification as a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
Additional Provisions
FWashington State
MDepartment of Transportation
Prefix
Route
Local Agency Federal Aid
Project Prospectus
Federal Aid
Project Number
n/a
1090
Date
12/3/2001
Local Agency
Project Number
C1017
WSDOT
(Use Only)
Federal Employer
Tax ID Number
91-6001228
Agency
Federal Program Title
City of Auburn®
20.205 ❑ 20.209 ❑ Other
Project Title
West Main & UPRR Crossing Improvements
ini From
To
Street at Union Pacific RailroadTo:
Length of Project
Award Type.007
R
® Local❑ LocalForces❑ State ❑Railroad
cy
City Number
County Number
County Name
WSDOT Region
Others
0055
17
King
I
al District
Legislative Districts
Urban Area Number
TMA / MPO / RTPO
8,9
O 1
PSRC
Total
Local Agency
Phase Start
Phase
Estimated Cost
Funding
Federal Funds
Date
(Nearest Hundred Dollar)
(Nearest Hundred Dollar)
(Nearest Hundred Dollar)
Month Year
P.E.
$12;500
$0
$12,500
January 02
R/W
Const.
$237,500
$0
$237,500
December 02
Total
$250,000
$0
$250,000
Description of Existing Facility (Existing Design and Present Condition)
Roadway Width
Number of Lanes
44 feet
4
This crossing has multiple tracks immediately north and south of the crossing. The installation has cantilever and
post mounted flashing lights, but no gates.
Description of Proposed Work
2-R
® New Construction ❑ 3-R E] 2-R
Width
44 feet
Number of Lanes
4
Installation of shoulder mounted cantilever signals and gates.
Local Agency Contact Person Title Phone
Joe Welsh Transportation Planner 253.804.5050
Mailing Address
City
State
Zip Code
25 W Main St
Auburn
WA
98001
By
Design Approval Approving Authority
(CA Agencies Only) Title City Engineer
Date
DOT Form 140-101 EF Ord. 5613
Revised 4/2000
Exhibit 'B'
Page 1 of 3
Agency
City of Auburn
Project Title
West Main & UPRR Crossing Improvements
Date
12/3/2001
Geometric Design Data
Description
Through Route
Crossroad
Federal
Functional
Classification
❑ Principal Arterial
® Urban ❑ Minor Arterial
[I Collector
❑ Major Collector
❑ Rural ❑ Minor Collector
❑ Access Street/Road
❑ Principal Arterial
❑ Urban ❑ Minor Arterial
❑ Collector
❑Major Collector
❑ Rural ❑ Minor Collector
❑ Access Street/Road
Terrain
® Flat ❑ Roll ❑ Mountain
[]Flat ❑Roll []Mountain
Posted Speed
30 mph
Design Speed
35 mph
Existing ADT
8444
Design Year ADT
9764
Design Year
2003
Design Hourly Volume (DHV)
1000
Accident - 3 Year Experience
Year
Property
Damage
Accidents
Iniury Accidents
Fatal Accidents
Total Number
of Accidents
Number of
Accidents
Number of
Injuries
Number of
Accidents
Number of
Fatalities
1998
1
0
0
0
0
1
1999
0
0
0
0
0
0
2000
0
0
0
0
0
0
Total Number of Accidents Attributable to Lack of havina the Pro osed Improvement
1
1 0
0 0 0
1
Performance of Work
Preliminary Engineering Will Be Performed By
Union Pacific Railroad
Others
100 %
Contract
100 %
Agency
%
Agency
%
Construction Will Be Performed By
Union Pacific Railroad
Environmental Classification
® Final ❑ Preliminary
❑ Class I - Environmental Impact Statement (EIS) ® Class II - Categorically Excluded (CE)
❑ Project Involves NEPA/SEPA Section 404 ❑ Projects Requiring Documentation
Interagency Agreement (Documented CE)
❑ Class III - Environmental Assessment (EA)
❑ Project Involves NEPA/SEPA Section 404
Interagency Agreement
Environmental Considerations
DOT Forrn 140-101 EF Page 2 of 3
Revised 4/2000
Agency
City of Auburn
Project Title
West Main & UPRR Crossing Improvements
Date
12/3/2001
Right of Way
® No Right of Way Required
All construction required by the
contract can be accomplished
within the existing right of way.
❑ Right of Way Required
❑ No Relocation ❑ Relocation Required
Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project
Utilities that are affected are privately owned power and communications lines.
FAA Involvement
Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ® Yes ❑ No
Remarks
This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and is
not inconsistent with the agency's comprehensive plan for community development.
Date l �- i 1-0 1
DOT Form 140-101 EF
Revised 412000
Agency
(�c I�j t� (I U,�pLM..4,
By eL,11ld� I o o t �
Mayo0Gha!"%eq
Page 3 of 3
r
CITY OF AUBURN � AMN
PROJECT LOCATION
I
06/09/L700,4 10:18 FAX 253 931 3053
AML
-D.p ..d
I/ Transportation
AUBURN ENGINEERING DEPT
Local Agency Railway Agreement
Federal Aid Safety Projects
Highway -Railway Grade Crossing
Warning Devices
Local Agency Cl r y o Jr A U BLu 0- r,! _ gPrp W Number 5 T- PJC P- t O Q D C o0 5)
Railway aN i o tj pAG f F iG 22.4 /L -¢o A "Aro ment Number
The above parties having complied, or hereby agreeing to comply, with the terns and condition* sot forth In (1) Title 23, U.S. Codd, Nighwoya,
(2) the regulations Issued pursuant thereto, and (5) the Policies and Proeedured promulgated by the Washington Stella Department of
Transportatlon, relating to prade crossing warning devices, hereby agree to proceed with the accomplishment and oomplotlon of the
project hereinafter described.
Project Description '
Local Agency Rrrad NFune V4 EST A r ..1 t5-tQ.6E'i _
Location 4 us u >e ,J
RaPWay Ung Name
Location
5�p\TTL�E 5t,t(aptV t StOt.l
_ - - i�•t . P. t � 1 . � O
oeserlptlon of Work
The site plan attached hereto as Exhibit C further desatbes the work.
Conatruot'wn k ottimatW to be compteted in days, fdio"ng execution of this agreement and authorization to prooeed-
"!r OereY lS /YIfUlfW, Y({tlGitlN G.fltlwl n. ILsn1 c...,+.w. •+ w.-+� •.• •+•� ••••_•
The ab" porhaa further atipuleke that they agroo to anel wru Comply with the provislons set forth In the reverse WreoT and mage a part of this
agreement. Whore a franchise or permit exists, the parties sham determine to what extent the franchise or permit is superseded by this
agreement. Such determination should be in writing and atlached as part. of ttre 00Mr OM,
Repair or replacement of damaged or obsolete signals. The cost of repair or replacement of the signals shell be borne on tho ratio of 7 $`Lo
percent Local Agency and Z57o cereent railwev.
This agrearnEr'rt Shag inure to the benefit or and be binding on the parties hereto. their Sucres�l o[� dslynG
c!N
Adopted by ResokAlonl0 In 5E 13 RES37LI RaYroFirt Offir9I Ow `'$ ,,
Lal Agency OffIclal _ Title
Local q _
Mata ' bit Date _ — -
DOT gem, too -am FF
awlaotl t=000
- - Type of Work
Labor
Nort-LsabOr
Total
t.
Install Warding 00Yl 6 (Type)
a. Fraight Material Handling
b. Equipment Rental
C. Expenses
52, l o Za
to 5, 364-
/ ! 3 '3 3
3 7, 56 5
_
t 513, o -70
37, 5!v
/5, % Z9-
—
_
_ / $, G Z9
a. Salvage
e Otner
2. Engineering and AGCOundng
3. - Uabluty IMMIX
a. Laborsurchtroe
94. 524,
5. Other Work oy Iiroad-
U Yes tsd No FOUR A MOW hereto
8.
Total Project Costs
t Z2 8,b1
1-7 O 1 5 S
25 3 n 1 !P
"!r OereY lS /YIfUlfW, Y({tlGitlN G.fltlwl n. ILsn1 c...,+.w. •+ w.-+� •.• •+•� ••••_•
The ab" porhaa further atipuleke that they agroo to anel wru Comply with the provislons set forth In the reverse WreoT and mage a part of this
agreement. Whore a franchise or permit exists, the parties sham determine to what extent the franchise or permit is superseded by this
agreement. Such determination should be in writing and atlached as part. of ttre 00Mr OM,
Repair or replacement of damaged or obsolete signals. The cost of repair or replacement of the signals shell be borne on tho ratio of 7 $`Lo
percent Local Agency and Z57o cereent railwev.
This agrearnEr'rt Shag inure to the benefit or and be binding on the parties hereto. their Sucres�l o[� dslynG
c!N
Adopted by ResokAlonl0 In 5E 13 RES37LI RaYroFirt Offir9I Ow `'$ ,,
Lal Agency OffIclal _ Title
Local q _
Mata ' bit Date _ — -
DOT gem, too -am FF
awlaotl t=000
06/09,'12004 10:18 FAX 253 931 3053 AUBURN ENGINEERING DEPT
I, $cope of Work
The Railway will provide all the work labor, motodak, and
services to Install the warning devices hereinafter caged "signals"
as described and Cot forth In the 'Project Description' and 'hsbmate
of coat'
The Local Agency Shall polform those services necessary to
fadMato the prorassing of as necessary documents tequirea for me
oiderty progress of the project in accordance with the policies and
procedures of the Washington State nepanmilM of Transportation
(hereinafter caged 'rlepartmem") ano the Federal Aid Puliuy Guide
of the Federal Highway Administration (helCinal`W called 'FHWA."
The Local Agency shall Install without expamo to the Railway
advance warning signs, standard pavamant markings for railroad
crossings, and guardrails or barriers to D~.. the signals from
highway traffic when such protection is r"uilld.
11. Funding
The Project will be financed In contorrmty with FHWA
regulations adopted for safety knprovement projects authorized In
the Transportation Equity Act for the 71st. t:entury,
III. Payment
Upon written authorization by the local Agency, the Railway may
proceed with the proje& Fagowing exaoution 01 11114 agreement,
progress bile may W submitted to the Local Agency for the cost of
labor, materials, and other sorvlas provided to date of billings and
as shown In the Estimate of Cost or supplemental estimates of cost
fumishtd by the Railway and accepted by Iiia Local Agency, the
Local Agency snail pay such progress billings promptly upon
rawipt Final ants detailed Wittig of leg incurred crusts shall be made
by rhe Railway within one year of project completion, and the Local
Agency shag pay all eligible amounts of such bill, less proproas
payments previously made,
The Local Agency agrees to reimburse the Railway for tho
amount shown in the Estimate of Coat for the actual cost of labor,
material*, and other services furnichod by the Railway pursuant to
thio agreomoM, provided the coats are eligible.
IV. Avallabllity of Records
AN project records in support of all costs Incurred and
expenditures are to tie kept and maintained by the Railway and by
the Local Agency to arcordanee with subchapler 6, Subpart H or
Section 1A0.977(c) of the C.F,R,
The records shag be open to inspection by the Deparbhhont and
FHWA al leg roaeonabte tires and shag be retained and made
avallabla for much inspeotion for a period of not leas than throe
years from the final payment of any funds to the RaUway.
V. Maintonanoo of Facility
Upon completion of installation, the Ralkvay Shag operate and
maintain the c mals as required by low. The local Agency will
maintain the agivanes warning signs, tee standard pavement
markings for railroad fsomings, and protecting 14001`5 Or guardrails
at Loral Agency expense. How9ver, In rite event that any exlsttno or
future lagWarlon makes federal, state, or other public funds
avallatlie for the operation, maiidwinui e, repair, or replsoement of
Signals at grade =s Ings, the local Agency shall cooperate with
the Railway to severe said funds for the: operation, maintenance,
repair, or replacement of the signals installed pursuant tarda. This
mor ment mey be supplemented and amended as necessary for
the operetion and maintenance of amid signals to qualify for such
fundi,,
Vl. Repair or Replla cement of Damaged or
Obsolete Facility
In the event one or more of the signets installed vndor this
agreerrent oro partially or wholly destroyed and its or their
replacement value or cost of repairing cannot the recovered from
the parson or persons responsible for such destruction, then in
OOT Form too -o" GF
Rsvlsatl 1?rMW
[a 003/011
that event, cost of repair of the signals or cost of Installation of a new
signal or signals shall be barite on a ratio agreed upon by ltre: Railway
and the Local Agency as specroad on the front hereof.
if the damage to a signal is cawed by highway tnfgc, Local
Agency will cooperate with the Railway in dotomrining the location
and idenli6cation of the paellas responsible to the extent of makng
accident records available.
If said damaged signals Cannot. through ape, be maintakod or
mouirs replacement by virtue of the ulmulesWmoe, then the met Of
repipcing the signals shall be negotiated by the Local Agency and
the Raaway as specified on the front hereof, with such state, federal,
or other public funda as may be available at the time ouch
replacement becomes neceasary.
VIII. Disposition of Signals No Longer Required
- If for any reason, sign* shall no longer be required at grade
crossing and, In the opinion of the 112llvay and WSDOT Tran&Ald,
they are not obeokete, the 41200 wig take ownership and arrange to
have them relocated to sone other graft passing. it am relocation
is agreed upon by the WSDOT TransAhd and the RONWay, the
divisions of cost of such relocation shall b2 agreed upon bM99n
the Local Agency and the Rall ways prior to such fetflOvel. If for any
reason No signals snag no longer be required at the grade crossings
and In the opinion of the Railway and WSDOT Tra isAid the signals
are obsolete, the Rallway may rarnuve lire !jk"Is and crodd the
Local Agency YAM the value of salvage rowvered Was coat of
removal. The funds credited by the RalWaY will be reimbursed to the
FHWA,
VIII. Relocation Ropuired by Improvairnent
In the event that either railway or highway Improvement will
neoessilete a rearrangement of relocation or alternation of Ura
existig signals at said crowing, the party whose improvement
cauaea such changes shell bear the entire coal thereof wtthoul
expenae to the other party, The Railway and W5001' rtansAid will
make the dodclon as to whatter the signals or control circuits will he
obsolete or inadoquata to aecorrwnodate, an improvement, sublect to
eortforrnance with the policies and procedures promulpaled fly the
Washington S1219 Ueparbnent of Ttaracirletion relating to grade
crossing warning devices.
IX, Nondiscrimination Provision
H the Ralhwey enters into a oontfect or agreement With a
conlreotw to perform any of the work whioh the Railway is
required to perform under the terms or this agrearrwnt, to
Railway for itaeH, leo assigns, and suocessom In interest, agrees
that a wilt not unlawfully discriminate in its choice of 001111 ctOM
and will include eg the nondicGinination provisions sol lorth in
Exhibit G. attaohed hereto and made a part hereof, in any such
contract or agreement.
X. Audit of Federal Aid Project
The DaparNonont, If services of a consultant are required. shall 00
responsible for audit of the consunanrs records to datermine eIIDIDle
federal aid costs On the project The report of saki audit shall be in
the Deloartment's rites and made avaliebla to the state and the
federal government.
An audit shag be conducted by the Department's Internal Audit
Office in accordance with generally accepted govommontal auditing
standards as issued by the United State General Aom riling Office
by the Comptroller General of Neo United States; WSOOT Directive
D27-50, Consultant Authorization, 6elootion, and Agreement
Adminlairstion; and office of Monagernant and Budget circular
A-128.
If upon audit, it is found that an overpsynent of federal money in
ineligible deme of cost has oocurred, the Railway shall roimburso the
Local A94 hey for the amount of ouch overpayment in excene of
participation (sem Section VIII). The funda'credked by the KeihvaY
will be reimbursod to the FHWA.
61111.9 /
DATE: 2004-06-11
ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD
DESCRIPTION OF WORK:
REMOVE EXISTING CANTILEVER SIGNALS, INSTALL LED FL SIGNALS W/CANTS AND
GATES, CWT CIRCUITRY, AND NEW CABIN AT WEST MAIN ST. IN AUBURN, WA. M.P.
161.80 ON THE SEATTLE SUB.
RAILROAD TO PERFORM ALL WORK / COST DISTRIBUTED AS FOLLOWS:
SIGNAL - CITY OF AUBURN 95% UPRR 5%
PID: 45963 AWO: 42867 MP,SUBDIV: 161.80, SEATTLE
SERVICE UNIT: 18 CITY: AUBURN STATE: WA
DESCRIPTION QTY
----------- ---
UNIT LABOR MATERIAL
---- -------------
RECOLL
-------
UPRR
-----
TOTAL
-----
ENGINEERING WORK
ENGINEERING
3025
2873
152
3025
LABOR ADDITIVE 103.45%
7489
7115
374
7489
SIG-HWY XNG
4215
4004
211
--------
4215
TOTAL ENGINEERING
------- --------
14729
-------- --------
13992
737
14729
SIGNAL WORK
BILL PREP
900
855
45
900
CONTRACT
9893
9398
495
9893
EARTH FILL/ROCK
3500
3325
175
3500
FOREIGN LINE FREIGHT
1979
1880
99
1979
LABOR ADDITIVE 103.45%
50855
48312
2543
50855
MATL STORE EXPENSE
4946
4699
247
4946
METER SERVICE
2500
2375
125
2500
PERSONAL EXPENSES
34565
32836
1729•
34565
SALES TAX
6430
6109
321
6430
SIGNAL
49158
98934
140689
7403
148092
TRANSPORTATION CHARGES
4408
4187
221
4408
--------
TOTAL SIGNAL
---------------
100913
167155
-------- --------
254665
13403
268068
TRACK & SURFACE WORK
LABOR ADDITIVE 103.45%
3671
3488
183
3671
PERSONAL EXPENSES
3000
3000
3000
SIG-HWY XNG
3548
3371
177
3548
--------
TOTAL TRACK & SURFACE
-------
7219
--------
3000
--------
9859
--------
360
10219
---------------
LABOR/MATERIAL EXPENSE 122861 170155----------------
RECOLLECTIBLE/UPRR EXPENSE 278516 14500 --------
ESTIMATED PROJECT COST 293016
EXISTING REUSEABLE MATERIAL CREDIT 0
SALVAGE NONUSEABLE MATERIAL CREDIT 0
RECOLLECTIBLE LESS CREDITS
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF
AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED,
UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE.
i
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------------------
MEST MAIN STREET
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06/09/2004 10:18 FAX 253 931 3053 AUBURN ENGINEERING DEPT Ia005/011
INTERROGATORIES
Use additional paper as needed
F1111
State name of highway and railway at crossing Intersection:
Existing or proposed highway NIA mile post
Existing or proposed railway UPRR milepost. 184
Located in NW 1%4 of the SE 114 of Sec. 13 Twp. 21 N Range 04E W.M.
WUTC crossing number 6R161.80 DOT crossing number 396591A
Street ftst Min St Ci Auburn County Kin
(I app icsble) if applicable)
4
Character of crossing (indicate with X or numbers where applicable):
(a) Common Carrier X Logging or Industrial 0
(b) Main Line X Branch line D Siding or Spur D
(c) Total number of tracks at crossing 2
(Nota: A track separated 100 feet or more from another track constitutes a separate erossIng,)
(d) Operating maximum train speed: Legal maximum train speed:
Passenger N/A MPH Passenger NIA_ MPH
Freight --7' MPH Freight MPH
(a) Actual or estimated train traffic in 24 hours:
Passenger Trains 0 Freight Trains 24
(Note: Round trip aountR as two trains. Include swite movements.
IT W
Chararter of Roadway:
(a) State Highway - Clas4ification N/A
(b) County Highway - Classification N/A
(c) City Street - Classification Minor Arterial
(d) Number of trafllc lanes existinq In each direction, 1
Number of additional traffic lenes proposed: 0
(e) Posted vehicle speed limit: Automobiles 30 MPH Trucks aL _MPH
(f) Estimated vehicle traffic in 2d hours: Current total 7178, including 717 trucks
and 62 school bus trips. Projected traffic in 16 years: total 16,400,
including 1640 trucks and fit school bus trips.
Page 2
06/09/2004 10:1.8 FAX 253 931 3053 AUBURN ENGINEERING DEPT fa006/011
[4]
(a) If temporary, state for what purpose crossing is to be used and for how long.
NIA
(b) If temporary grade crossing, will you remove the crossing at completion of the
activity requiring the temporary crossing?
NIA
[5j
(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
se, what rpa on, 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.
NIA
(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.
NIA
[6l
(e) Is it feasible to construct and use an over or under crossing at the intersection of
said railway and highway? If not, state why.
NIA
(b) Dies the railway line at any point in the vicinity of the proposed crossing pass
over a fill or trestle or through a out where it is feasible to construct an under or
over crossing, even though it may be necessary to relocate a portion of the
highway to reach that point?
NIA
(c) If a suitable. place for an under - or over - crossing exists in the vicinity of the
proposed crossing, state the distance and direction from the proposed crossing;
the approximate cost of construction; and what, if any, reason exists why it
should not be constructed.
NIA
Page 3
06/09/2004 10:18 FAX 253 931 3053 AUBURN ENGINEERING DEPT
[ 7 1
(a) State approximate distance to nearest public or private crossing in each direction
of railroad involved herein.
NIA
(b) If there is an existing crossing in 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 once crossing?
NIA
(c) If so, state approximate cost of highway relocation to effect such changes
NIA
(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.
NIA
(e) If this crossing is authorized, do you propose to close any existing crossing
or
crossings?
wa
[81
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 an 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
Approaching crossing from........ (opposite direction) an obstructed 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 60 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
Page 4
[a 007/011
06/09/2004 10:19 FAX 253 931 3053 AUBURN ENGINEERING DEPT
Attaoh one or more prints showing the proposed signal installation (a plan view of the
railroad highway grade crossing is preferred). Please specify clearance of warning
devices from the tracks and roadway, Cantilever -length (if applicable), and gate length
(if applicable).
'This information should be provided by the railroad company
[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?
NIA
(b) If not, state In feet the length of level grade it is feasible to obtain.
NIA
(c) Is it feasible to obtain an approach grade, prior to the level grade of five percent
or less? If not, =to why, and state the percent approach grade possible.
NIA
[ 111
Do you know of any reason nett 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 Came fully.
NIA
Interrogatories 12 and 13 are to be completed only it this petition involves inswun,11111.
replacement or changing of automatic grade signal or other warning devioe, other than
sawbucks.
km
(a) State in detail, the number and type of automatic signals or other warning
devices (other than sawbuoke) proposed to be Installed. (This portion should be
fulled in only after conference between the railroad and the petitioning local
governmental agency,)
This project will install shoulder mounted cantilever signals and gates.
(b) State an estimate of the cost for installing the signals or other devices proposed,
as obtained from the respondent railroad company ... $ 295,740
(c) State a cost estimate for maintaining the signals or devices for 12 months, as
obtained from the respondent railroad company ... $ 10.000
(d) If this is an existing crossing, what will the proposed warning devices replace in
the way of existing devices?
The proposed warning devices will be replacing the existing cantilever and post
mounted flashing lights and no gates.
Page 5
[a 008/011
06/09/2004 10:19 FAX 253 931 3053 AUBURN ENGINEERING DEPT [6009/011
(e) As the petitioner, are you prepared to pay or will you promise to pay to the
respondent r2llro2d company, your share of the cost of installing the warning
devices proposed as provided by law?
X Yes D No
Cil
Provide any additional Information supporting the proposal (i,e. what public benefits
would he derived from its implementation?)
Page 6
06/09/2004 10:15 FAX 253 931 3053 AUBURN ENGINEERING DEPT la011/011
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, PO Box 47250, 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 Practice 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 rpapnnd 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 mspnndent, all
Parties should he joined.
Waiver of Hearing by Respondent
The proceeding can usually be expedited by submitting the application 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 will be set for hearing.
Crossing Construction
Applications 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 Ser..rptery. 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 the right to Cross, subject to acquiring a right of
way 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 "Reply" within 10 days of the date the "Answer" is
served.
(PLEASE REMOVE THIS SHEET BEFORE FILING PETITION)
Page 8
QG/09/2004 10:119 FAX 253 931 3053 AUBURN ENGINEERING DEPT
Docket No.
Petition of crossing improvement at UPRR and W. Main ST
for City of Auburn
I have investigated the conditions existing at and in the vicinity of the proposed crossing
changes. As a result, [oheok one or more of the following, as appropnate:]
[X] I am satisfied that onnditions ar.. 8s represented in the petition and the
Interrogatories and that the petition should be granted.
JX] The cost of installation (estimated at $
[X] 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 partles.
[ ] to be paid by petitioner.
Other conditions to waiver of hearing:
The undersigned hereby waives hearing and further notice. The Washington lJfilities
and Transportation Commission may enter a final order without further notice of
hearing.
Date at VA-asMugoo, on this day
Of 20-.Q
Respondent i. AIV. ' N At coflC
by
Name
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Print a
Title CHIEF ENGINEER
Page 7
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