HomeMy WebLinkAbout4727 RESOLUTION NO. 4 7 2 7
A RESOLU'fION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
_ _
ACCEPT A GRANT FROM THE WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION FOR SAFE RQUTES TO
SCHOOL IMPROVEMENTS AT HAZELWOOD ELEMENTARY,
LEA HILL ELEMENTARY AND RAINIER MIDDLE SCHOOL
WHEREAS;the City desires to increase safety.in school zones; and
WHEREAS, Hazelwood Elementary, Lea Hili Elementary and Rainier
Middle School have a significant number of students walking to and from the
school sites; and
WHEREAS, the City in partnership with the Aubum School District applied
for and was granted a federal Safe Routes to School grant through the
Washington State Department of Transportation (WSDOT) in the amowt of
$398,500 to finance walking and cycling route improyements for the three Lea
Hili schools, including bike lanes, sidewalks, accessible ramps, curb and gutter,
pedestrian push buttons and audible countdown pedestrian signal heads,
education/encouragement; and enforcement activities; and
WHEREAS, the $398,500 grant consists of $310,650 for design and
construction, $10,350 for right of way, $75,700 for education/encouragement
and $1,800 for enforoemerrt activities; and
WHEREAS, the grant does not require a match, however, the Aubum
School District wilF contribute in kind funds of $21,597 for
Resolution No. 4727
July 8, 2011
Page 1 of 3
educationlencouragement and the City will contribute in kind funds of$1,938 for
enforcement activities; and
WHEREAS, it is in the best interest of the City to use grant monies to
finance safety improvements to the transportation system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute a Local Agency
Rgreement between the Ci4y and Washington State Departrnent of Transportation
for the Design Phase in the to4al amount of$108,750, in substantial conformity with
the agreement attached hereto, marked as Exhibit A.and incorporated herein by
this reference. In addition, the Mayor is hereby authorized to execute any further
necessary supplemental agreements for all future phases of the Project expending
up to the total remaining amount of the grant of$289;750.
Section 2. The Mayor is hereby authorized to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon..
Resolution No. 4727
July 8, 2011
Page 2 of 3
Dated and Signed this l� day of�, 2011.
CITY OF AUB �
�s— �.
PETER B. L WIS
MAYOR
ATTEST:
L�l '�
Danielle E. Daskam,
C'ity Clerk
APPROVED AS TO FORM:
D`a iel B: id,
City Attomey -
Resolutio� No.4727�
July 8, 2011
Page&of 3
.
`,� l..��tl`ji��1
• T ��
��,` �"���� Local Agency Agreement
Agency City of Auburn CEDA No. 20.205
Address 25 West Main Street (�tabg of Faderal Damestic Assistance) p Q 9K
ProjectNo. S�TS� HIO O �
Aubum, WA 98001 �
Agreement No. � 7�7 �
For OSC WSDOT Uae On �
7'he I.ocal Agency having complied,or hereby agreeing W�comply,with.the tertns�nnd conditions set forth in(1)Title 23;U.S:Code FGghways, (2)
the regulazions issued pursuant thereco,(3)Office of Mm�agemrnt and Budga C'vculars A-102, A-S7 and A-133, (4) the policies and procedures
promulgated by the Washington State Department of Transportation, and(5)the fedual aid project agreement entered into benveen Nt State and
FeAernl Govemment,relative to the above project,the Washington State Departmrnt of Tra�sportation will authorize the Local Agency to proceed on
the project by a separate notificatioa Federal funds which.are to be obliguted for the project may not exceed the amount shown hertin on line r.
wlumn 3,without written au[hority by Ihe S[ate,subjea[o the approval of[he�Federal Highway Adminisvation.All project costs not reimbursed by
the Federal Government shall be the responsibility of t}�e Local Agency.
ProJectDescriptfon �'
Name Lea Hill Safe Walkin /C clin RouYe Im rovements Length Dib� ���F_
Termini � . IZ�f'� A'v'L 'b �Z(o� �JC S�
Description of Work
This project will construct pedestrian improvemenu along the south side of SE 312th St east of the intersection with
124th Ave SE,intersection improvements at 116th Ave SFJSE 304th Street,paint bike lanes on 116th Ave SE l�etween
- -
SE 312th St and SE 304th St and improve curb ramps adjacent to Rainier Ridge Middle School. Aubum School District
will apply a safety eddcation prograin and Auburn Police Dept,will provide enforcement patrols.
Estimate of Fundin
Type of Work ��� �Z� �3�
Estimated Total Estimated Agency Estimated
Pra'ed Funds Funds Federel Funds
PE � � a. en 32 550.00 0.00 32�550.00
100 % her Education/Enco emcnt 75 70 00 0.00 7 00 00
� c.Other . Enforcement - � �
Federal Aid d.State 500.00 O.QO 500.00
�PartlGpation .
Rat�o fo"r PE- _ e.Total PE Cost Estimate a+b+c+d 110 50.00 I10 50.00
Rightof Way f.:A en
% e
h.Other
� feAerel Aid i.State � �
Partidpalian
Raflo for RW. '.Total RIW Cost Estimate f +h+i
Construction k.Contract �
I.Other
m.Other
n.Other
o�
o.A enc
FetleralAid .State �
PaNGpation
Retio for CN .Total CN Cost Estimate k+1+m+n+o+
c Total Pro ect Cost Estlmate e'++ 110 550.00 110 50.00
Agenry Offl w s�] Washington State D ent of Trans ortatfon
.�� .
ey sy
TrtIE Prt�r R 1 ruri�Ma+nr Dl�clof of Hlghweys end locel Progrem5
. . _ . . . . . . _ . . . _ _ . . . . . . . . . _
Date Exewted i lAR 1 ����
DOT Fotm 7�6039 EF 1 �
- Revixd OS/OB
Construction Method of Financing �cn�nnernod s�xrad� •
Spta Ad and Award
❑Meffiod A-Advance PaymeM-Agency Share of total construction cost(based on contract award)
❑Method B-Withhold from qas tax the Apencys share of total construction cost Oine 4,column 2)in the amoum of
� ', $ '" at$ per month for monffis.
�,; �
Loeal Foree or Local Ad and Award
�Method C-Aaencv cost incuned wifh oartial reimbursement
The Local Agency further stipulates thffi pursuant to said Title 23, regulatians and policies and procedu2s,and as
a condition to payment af the federal funds obligated,d accepts and will comply with the applicable provisions set
forth below.Adopted by offidal action on
July I S 2011 ,Resolution/Ordinance No. Resolution No.4727
PfOV�S10flS "
I. SCOp!OT WOfk 1.Prcliminary aginaring.
The Agency shall provide nll Uie walic, lubor, materinls, and servica 2.Righ[ofwayacquisitian.
necessary m perform lhe projec[which is described and set fonh in delail in lhe 3.Project construction.
••Roject Description"and"Type of Work.••
WAen tAe State acGS for and an behalf of tlfe Agrncy, ihe SNk shall be ��e evrn[thu righ[of p�y ecquisition,or ac[ual wnstrucuan of the road,
dcemed an a en[of[he A en and shWl orm the services desco6ed pnd for which preliminary rngineering is undertakrn is no�smr[ed by the closing of
g g n' � lhc taith f�scd yrar Coliowing the fiscal year in which Ne agreemrnt is
indicekd in"Typc of Work"on ihe face af ih¢ngramrn4 N�cordnncc with ��u�,Ue Agrncy wiil rcpay m the Smrc Ne sum ar sums of kdefal f�mdq
plans and specificatio�a av propoud by the Agrnry and appmved by Ne Stnte paid to the Agrnry under[he urms of this ngeemrnt(see Seclion 1X).
and the FWernl Highway Adminisiration.
Whcn Ihe Staa octs Cor�he Agency but is nat subjut m ihe nght of control The Agency a�s thu dl stags of conswction necessary W provide thc
by the Agrncy.the State shail have Itie right m pttfmm Ne wark subject m Ihe initialty plannd complae fnciliry wvhin ihe limits of�his projxt will conform
ordinary pracrAures of the Stere and Fedeml Highway Administratiort m W �eyv� 1Le minimum valua sa by epproved stazewidc design smndards
II. Dele atfon of Authori uPPlicable w this clnss of highuays, evrn �hough such additioml work is
9 �Y finanttd wi�hout fedeml aid pu[icipation.
The Smte is willing m fulfill the raponsibiiitia ro ihc Fedeml Govemmrn[ The Agency agees that on Cederal aid highxay conswctlon projecLV,ihe
by ihe administration of ihis pmjat, Thc Agrnry agrces that Ne Smte shatl curtent tederal aid regulations which apply to liquidated damegct rclative m
have the PoII authotiry m carry out�his ndminisvation.The Stare shall mriew. �p��of federel participation in�he project cost shail be apptic�bk in ihe
pmcas, and approve documrnts 1equiced for fedwl aid reimbursemrnt in Npn ihe contracmr fails m complete ifie wnvact wilhm Ilu wnVact[ime.
uccordance vrith fedaal requirenrntv. If ihe Smte advettisw and uwards ihe
contrnct,Ihe Statc will furthcr act for Ihc Agrnry in all matters conceming the y�, payment and Partial Reimbursement
projat as requesled by tAc Agrncy.If ihc Locd Agency advertisn a�d awnrds
the projx4 � Stak shall review �hc xnrl to ertture con(orniity with the The to�ai cast of the projal,including all review und enginocring costs and
npproved plans nnd specifications. o�her expcnses of Ihe Stafe, is W be pnid by the Agenry md by Ne Federel
Govemmrn4 Feclaal funding shall he in accardanre with the Fedasl
III. ProjettAdminist2tfon Tr�nspottatian nct, m amrnded, and O�ce of Management and Budgct
Cettain typu of xark e�M services shall be provided by ihe Stale on iLis circulars A-102,A-87 und A-133.The Slale shall no[6e Wtimately r�sponsibie
projec[at requested by lhe Agrncy and dacribed in ihe Type of Work above, for em�of�he cosLS of U�e projeM.The Agency shnll be ultimntely responsible
In addition,ihe Stafe will fumish qualified personnel for the supervision und far all wsts assaciatcd with the projec[ which are mt ceimbursed by the
inspection of the vrork in pmg�ccs.On Lacnl Agency odvertised nnd awarded Falual Govemment NatLing in tt�is ogreemm[ shall be wnsuued ac u
projecLC,the supervision und inspectian shall be limited W rnsuring oll wark is Promise by ihe Sta[e os w the umount or nanne of federal participation in thu
in conformance wi�h approved plans, sp�cificalions, and federal aid PfO����
requiremrnts. The solnry of such engineer or other supervimr and all other The pgrncy slvNl bill IAe smte for fedaal nid projett cosGS incurted in
salaries end costs incurred by Slate forces upon ihc proJect will be considered a wnfarmiry w�th applicable federal and smtc laws. The agency sM1all minimi�e
cost thercof.All costs related m Ihis project incurted by anployees of Ihe S�a[e Ne time elapseA heRVern rcccipt of(edeml aid funds md subsequent p�yment
in the cusmmary mnnner an high�vaY pnyrolls md vouchers shall be charged az of incurted costs. Expcndinua by ihe Lacal Agrnry for mnintrnanm,gme�al
cosls otthe project administrntioq suprnisioq and olher overhrad shall not 6e eligible for fedo-.J
N. AVe1lBbflf Of RBCOMs Porticipation unless e curtent indirect cost plan has bccn prcpored in
tY accardance wi�A Ne regWations autlined in ihe Rderal OtTCe of Manegement
All projoct Rcords in suppon of alI cos¢incurted atM ecWal apendiWres �BudgM(Otvffi)circular A-87.and retnined for uudiL
kept by the Agmcy are m be maintnincd in accordana with local gwemmrnt
uccountmg proceduru pmcribcd by thc Weshinglon Stnte AudiWr's ORce,�he The Stau will pny for Sinte incurted cost9 on ihe projecl Following
U.S. Deparm�rnt of Tlanspattation,ond t6c Washington Siate Deparunrnt of Paymrnl, Ihe Stare slWl bili Ihe Fedaal Cmvanment for rcimbwsement af
T1msporintion.Thc recards sf WI hc open W inspection by�Ae State and Fedaai �ox wstv tligible for federd participation m Ihe c�¢ent that such coscs are
Govcmmrnt at all rcnwnable[imes and shall be rcNincd and made nvaila6le for attributable and pmperly alloceble tn this projec[. The S�ate shall bill �he
s h inspec[ian far a paiod of nat less ihan Nree years from ihe final payment ABrncy for that pottion of Sm[c costs which wue m[ reimbursed by �he
o� s�ry federel aid funds b Ne Agency. Copies of said records shdl be
Fedual Cmvemment(stt Section�.
Nmished W the SNte and/or Fedeial Gavemment upon requwt. 1. Projecl Comtroction Costs
V. Complianee with Provislons Project constructlan finnncing will be accamplished by one of Ne throe
melAods as indicated in ihis egreement.
The Agenry shull nat incur wry (edaal aid puticipation cosLS an uny
classifica[ion of work on ihis project un[iI nutAoriud in wriling by ihe Sta[c for
ench classification.The classificatio�a of work for projxis nre:
DOT Fwm 140.038 EF 2
Reviaetl OSA�9
` Method A—Thc Agency will piace with the Smte,within(20)days after the X. Tratflc Co�trol,Slgning,Marking,and Roadway
execution af the construcuon conuscS nn advonce in Ihe�amount of ihe Maintenance
Agency's sharc of Ne mral consuuaion wst based on the convact awnrd.The
Smte will�nn[ify the Agency of the exact amaunt[o be deposivd with.tlie Smte. The Agenry will na[permit any changa to be madc in Ne pmvisions far
The Smte will�pay WI wsfs incurted under the wntracl upon presrntation af parAing regWatians nnd nafiSc control an this projct vrithout prim approval af
progfess billings�from ihe conRUmr.Following such paymrnfs,thc Smte will the Sfate and�Federnl Highuay Administration. The A.gency will not install or
submit a bdling m Nc Fedcral Govcmmrnt for Ihc fedc�d aid pvlicipmian prm�it w be insmllcd any signs,sigWs,or markin�mt in confortnance wit6
share of ihe cost When the projax is suhsmntinity.completed and final uctw�J the st�ndards app�oved by the Federal Highwa}�Adminisuatian and MU7'CD.
wsls af ihe pmjat can be de[cmuned,.thc Sfa[c will present Ihe Agency wi�a The Agcncy will, at iLS own ezpense, mainmin ihe improvemrnt cavereA by
final billing showing the amount due the Siate ar ihe amount due the Agency. Ihis agreement
This billing will�be cl�ed by ei�her a paymrnt fmm ihe Agrncy to thc Slare ar
by a rcPond(rom lhc Statc m lhc Agcncy. XI. Indemnlly !��
The Agency shall hold the Fed�rnl Govemmcn[and thc Sm[c hartnlces from
Method B— Thc Agmcy's share of 1hc mm!conswction cori as shown on �d shall proc�s and defend u iB oxm ezpaise dl cLtims,demand¢,ar.suite,
the face of this egeement shall 6e withheld fmm.its �monthly fuel tax ��er az luw m equity 6rought againsl thc ASeocy, Smte. ar Fcdeial
ullobnrnts. The focc of[his egreemcnt a�ebiisha the manihs in which ihc CiO"�mmrn4�s�ng fram ihe Agrnry's exocution,pu(ortnance,ar fuilure m
withholding shall lake place w�d�Ae exnct amount m be wilhheld ench mon[h. P��orm any of tAe provisions of this ngreement,or of any otAer ngreemenl or
The ealent of wilhholding will be conFi�med by lettcr fmm ihc Statc at Ihe time �°nirec� connected with ihis agreemrn[, ar arising by rcavan of ihe
of conUnct award. Upon reccipt of progrcss billings(rom �he conbacmr, Ne P��cipation of ttie State or Federsl Govemment in ihe project,PROVIDED,
State will submit auch billings in ftie FeAeral Govemmwt for payment o(ils nothing huein shall.require the Agency to reimburse Ne Sinte ar ihe Fedeml
participating portion of such billings. Govemment for demages arising out oLbodily injury to persons or dnmage to
propeny csuud by or rceulting from the sole negligmce of lhe Fedael
Method C—The Agency may submit wuchus[o[he�Sm[e in Ihc format CiOVemment or'Ne State.
prcscribed by�he SWte,in duplicate,nol more thon once pv momA Cor lhosc XII. NnndiscdminaUon Provislon
costs eligiblc fm Fedefal pnrticipation m ihe exten[tho[such cmtv nrc dircctly No liability shall attach to Ihc S�ate ar Fedunl Govanmrnt cxccpt as
mtributabie a�property ellocabic b ihis projccL ExpendiNres by the Inral yl vided herein.
Agency for mainknnnce, genttal udminisVa[ion, supervisioq ond other °%p�� y��O
overhrad shall not be eligible for Federel participazion unless claimcA under a The Agrnry sFull not discriminute on ihe 6asis af race, color, nntional
previously approved indira[catt plan. origin,or sac in Ue awurd and perfamience of my USDOT-auisted conLact
The Stam shall reimburse[he Agrncy far lhe Fedemi shnre ofeligible projec[ a^�Or agrcemrnt or in lhe adminisuation of.its DBE progam or ihe
costs up to the amoun[shown on.the face of this ag�cenirnt. At fhe time of requiremenLS of 49 CFR Port 2b. The Agcncy shall take all necessery and
audi4��� A8��5' ��� Provide documrnta�on of all costt incurted on ihe �O��e steps.undu 49 CFR Pnrt 26 m:ensure mndiscrvnine0on in Nc
awerd and sdministr.�tian of USDOT-nuisled conuacls and n�eemenis. The
p1O�°�' WSDOT's DBE progam,az required by 49 CFR Parl 2b�a�W as approved by.
The Smte shall�biil the Agency for.dl costs incurtal by the State rela[ive W USDOT; is incorporn[� by refaence in ihis a�eemenL Implemen�ation of
the project TAe'Swe sAall nlso bill the Agcnry far the federW funds paid by ihe ��y Progrum is a legal obliga[ion and fnilure.m carry out.its tum.s shall be
Smie to thc Agrncy.for projec[�which are subsequaitly deiermined to be tr���a��olation of this agreanrnL Upon nolifiction m Ihe Agency of its
�neligible for fedeml participntion(see Section IX). failurc to�wrry out its appioved progam, thc DepMmrnt may impou.
VII..lWdR of FeAel'el Coneulfant Contratffi� san�tions as provided for under Pan 26 and may,.in appropria[e cases,refer lhe
� - mattcr fin enforcemrnt undcr 18 U.S.C. 1001 anNar the Program Fraud Civil
The ABrncy,if savica of a consulmnt a1e rcquired,shall be rccponsiblc for Remcdies Aa af 1986(31 U.S.C.3801 ct seq.).
nudit of the coreulmnt's�rccords w detertnine eligible�.federul�aid costl on ihe 'Rie A rn he1e u
projxt. ]hc rcport of said�nudit shnll he in Uu Agency'a files and made . . g �3' b1' �� ��� rt will incorpomte�or cause W be .
availabie m ihe Smte and ihe Fednal Govemmrnt mcorporeted into eny convact for wnsWCtion work,�or modification�haeof,
� - u defined in�he rula and regulations of the Secrctary of latior in�dt CFR
- �M ubdR shall be wnductd by Ne WSDOT Intemal Audit Omce in Chap[a 60,which is paid for in whole or m part with funds abtained from Ne
ocwrdunce wi[h genelally necepted gavemmrntnl nuditing smndards ns issued Federnl Govemment or bartawxd on [he crcdit of lhe Federal Govemmrnt
by Ihe Unitod SNtes Cxneral Accounling Officc by Ihe CompVOlkr Genernl�of pursuant to a gran4 ���4 ��. ��urance,or guarantee or understanding
ihe Unittd Sptu; WSDOT Manual M 27-50, Consulfant Authariation, pursuan[to any federal program involving such grant,cantracy loan,insumnm,
Selec[ion, and Agrccment Administrn[ion; memoranda of underslanding or guarantee, the required convac[ provisions for Fedeml-Aid Conuaces.
btiween WSDOT and F7�1WA;and Oflice af Mnnagement and Budget CircWnr (FHWA 1273),located in Chapter 44 of the Local Agency Guidelinu.
A-133.
If upon audit it is Cound Nat ove(pnymrnt or participa[ion af fedeml money Thc Agrnry furThcr agas Ihat it.will Ix bow�d by the nbove equal
in ineligible items ofcos[hns occurred,the Agency shall rcimburse the Srate for oppottunity clauu wiN respect to its own employment p�actica�when it
the nmaunt ofsuch overpnyment or excess participalion(sm Sec[ion IX). Panicipn�es in feAerelly azsisted eons4uction work: Pmvided, �hat if Ihc
apPlirant so pareicipating is a Stnte ar Local Govunmen4 ��ve eqwN
oPpottunity clause is not aPPlicable m anY agenry, instrumenuliry, or
VIII. Single Audk Act subdivisian of such govcmmrn[which docs not par[icipam in work on or under
The ABency,us a subrecipirnt of fedeml funds,shall adherc to ihc.fcdcrnl �heconvuct
Oftice of Management and Budget (OMB) Circular A-133�av �acll as nll TheAgencydwagfeu:
applicable fedeml and smte statuta ond regulations. A subrecipirnt who
expends$500,000 ar more in feAeml awards from aII sources during a given (�) To ussist and coopera[e actively wilh the Sm[e in obtaining the
fisral yeor shail Mve a single or progmm-specific audit performed for.ihat year COmpliunce o(contracinrs end suhconVac[ors with the equal opportuniry clause
in accordance wit61he provisioas of OMB Circulur A-133. Upon conclusion of °1d ruics,regulntiore;and rclevant orders of the Secretary af InWr.
tlu A-133 audi[,Nt Agency shall be responsible for rnsivring that a cupy of thc (2) �To �Lmish lhe Smle wch information as it may rcquire for tAe
report is transmitted promptly to ihe Statc. �supervision of such compliance and that it will othertvise assist the Smte in the
diuharge of ifs primary raponsibiliry for securing compliance.
IX. P2yment Of Bilting (3) To rcfrnin from rntaing into ony contract or wnuact modification
The Agrnry agras that if payment or ar�angement for.paymrn[of wry of the subjal W Ezecuuve Order I 1246 of September 24,.19fi5, with n contractor
Slate's billing rcluive m�he projx[(e.g.,Smte foree wurk,pmject wnceilation, �yar� from, or who �hus not demonsuatul eiigibility for, goveromrnt
wapa}men4.cost indigible for Fednal participation,e(c.)rs mt made m 1he �nUUC� and fedetally ussisted construction contracis pursuont [o �he
Slate�.within 45 days aftv the Agrncy�has bcrn billed, Ote State.sMll cffat �uutiveOrder.
reimbursemrnt�af the Wtd sum duc Gom �he regulnr monthly Cuel laz
allaunrnts m lhe Agenry from�hc Motor Vehicle Fund. No additlonal Fedual �4) To cnrty aut such sanctions and penulties for viola[ion of Ne equul
prolect f�mding will 6e appmved until full paymenl is received unless olhuwise �PPo�iry clnux as mny be imposeA upon contracinrs w�d subcantractas by
direc[ed the Director o(Highways and Locd Progtams. Ihe Slale,Fedwl Highxay Administratian,ar Ihe Secrelary of Labor pursuant�
� - � � - - � � � � - m Patt II,su6part D of the Executive Ordec - - � � - �
DOT Foim 7�0-099 EF
RaNsed a5N9 3
In nddition,the Agency agrees that it it faiLv or retLs�to compty wiN these XV. Venue tOr Claims and/or Cau98s of Atdon J
wderfaking,the Statc may Wce any or all of[he following actions: For Ne convmicnce of Ihe partis to 1Nis cantrac4 it is agrttd ihat atry
(a) Cancel,trnninate,ar suvpend ihis agrcemrnt in whale ar in patt; claims nnd/or cnuxs of action which the Lacal Agenry hos a�inst Ihe Smte af
Wazhington, growing au[ af[his cantract or the project wilh which it is
(b) ReCrain from e�ending my further assistancc to the Agcncy undu the �����II be brougAt onty in the Superior Court for Thulstan Cowty.
progam wilA respect In which Ihe failure or reNsol occurted wtil satisfacinry
ascmance of fuWrc compliance has been receiveA from the Agenry;and lM. Certiflcatlon Regarding the Restrictfona of the Use
of Federal Funda Por Lobbying
(c) Rcfcr the cesc W the Depnrtment ofJustice for appropriate legal 7}��pp�o���s��oriry certifia,tn the bcat of his or her Imowledge and
proceedings. belief,that
XIII. Llquid2t8d Dameg2s (I) No feAeml approprinted Cundv have been paid or will be pnid bY or on
The Agenry hcrcby agfecs IAffi the liquidated dammga provisions af 23 CFR ���of iM undersigned, W any person for in0�cing or attemp[ing tn
Part 635, Sub 127, as su IementeQ relative to ihe amaunt of Federai �ntluence an o�cer ar employee of any federai agency,a mem6er of Cangess,
� PP an ofiicu or employee of Congress,or en employa of e member of Cangess
perticipelion in Ihe projec[cwt,shNl 6e eDP���hle in the event ihe convacmr N��tion vrith Me awarding of my Cedernl wntrnct, Ihe melcing of any
fails tu complete the cantract within the canvact time. Failure m includc fWeml �ant, Ne making of nny feAerai loan, We en�ering intn of my
Iiquidatm demages provision will noi relieve Ne Agrncy from reduction of ��mtive agrecmrn�and the eztrnsion,contlnu¢lioq renewW,amrndmrnt
fWernl participation in accordance with this paragrnph. ar modification of nny kdefd contract,grant,loan,or cooperutive agreanrn4
XN. Termination(or Pubiic Comenience �Z) u any funds o�her than feAelal appropriated fwub have been paid or will
The Secrelary af ihe Washinglon S1nte Deparbnent of Transpartation may be paid m any person for inllurncins ar attanpting W initurnce an omctt ar
tefminnte the contract in whole,or from time to time in part,whenevec employce of any kderal agency,a member of Congress,on officer or employee
(1) The requisite Cedrtal fundmg becomw unawilable Wough fnilure of °f Cangras,ar an employa of a member of Congrc�in connec[ion wilh ihis
upproPria[ion or othern�ia. fedeaal canmin,gmnt,loan,or caapuative agreemmt,the undvsigned shall
complete and submit ihe Smndard Fomi-LLL, "Diulasure Fwm to Report
(2) 77te contrncbr is prevented from praceeding with ihe work as a dirut lubbying;'in accardance with its instructions.
result af an E,xecu[ive Order of fhe Resident with respect W Ihe prosecution of
war or in�he intaes[of national defense,or an Executive Order of the Pretiden[ (3) The undpsigned shall requirc Uiat the language of ihis anifiption be
ar Govemar of lhe Smte wilh respec[to[he presavation af rnergy resources. included in Uie award documents for ull subnuvrdc at all tiers (including
subgranq and ronuacts and subcontracis mda granrs,subg`ants,bans,and
(3) 7}re conuacmr is prevated from praceeding with�he uork by fevvon of cooperntive agrecmarts) which exesd f100.OW, ond that all such
n prelimuiary,spxiW,m permanent ravaining orda af a coun af wmpetent subrecipivits slull cenify and dixlose nccordingly.
jurisdiction where the issuance of such order is primurily cuused by the acCS ar 7'hfy cerfif cation is a mntuial represenlation of fact upon which reliance
omissions of persons or agencies ather than the convactor. ' �y p�a��en this�s=���n w,�a made or entered ioto. Su6mission of Ihis
(4)The Sxret�ry determines ihat sucA tc`mi�utlon is in ihe brst interests of �«�on u a prerequisitt for mNcing or cntuing inm ihis tranmction
IAc Sma. impaxd by Section 1352,TiUe 31,U.S.Code. My pason tvho fnils ro file the
rcquircd ecttification shall be subjcc[to n civil penulry of not less than S I0,000
and not more ihan E I00,000 fm cach such Cailme.
AddlGonal Provisions
DOT Fortn 140�039 EF 4
Reviaetl OS/09
AGREEMENT BETWEEN
CITY OF AUBURN AND AUBURN SCHOOL DISTRICT
FOR SAFE ROUTES GRANT
THIS AGREEMENT made and entered into on this 6Y, day of
20_L by and between the City of Auburn, a municipal corporation of the State &Washington,
hereinafter referred to as "City" and, the Auburn School District, hereinafter referred to as the
"District"
RECITALS
I The City, in partnership with the District applied for and was granted a federal Safe
Routes to School grant through the Washington State Department of Transportation
(WSDOT) in the amount of$398,500 to finance walking and cycling route improvements
for the three Lea Hill schools, including bike lanes, sidewalk, accessible ramps, curb and
gutter, pedestrian push buttons and audible countdown pedestrian signal heads, other
safety improvements, education, encouragement, and enforcement activities; and
2. The parties wish to outline their responsibilities for administration of the grant.
NOW, THEREFORE, the parties hereto agree as follows:
1 Responsibilities:
The Parties agree that their performance under this Agreement shall be in accordance
with the grant application and the Local Agency Agreement, attached as Exhibits A and
B and incorporated herein by reference and referred to as the "Grant Requirements"
A. The City shall be responsible for the engineering component of the grant application,
and shall perform education, encouragement, and enforcement tasks in accordance with
the Grant Requirements.
B. The District recognizes that they will be bound by and shall have primary
responsibility for the education component of the grant application, and shall perform
encouragement, and enforcement tasks in accordance with the Grant Requirements.
C The District shall be responsible for payment of costs necessary to develop their
portion of the Project. The District shall invoice the City prior to project close out for
reimbursement of its expenses associated with their portion of the project only The
District shall provide paid receipts for expenditures associated with their portion of the
project.
D Ineligible Expenses. The District shall be responsible for providing any funds
necessary to reimburse WSDOT for any expenditure made by the District pursuant to the
Grant Requirements that are finally determined to be ineligible for funding by WSDOT
Page 1 of
under the Grant Requirements, and shall indemnify the City against any liability for such
reimbursement.
E. Reporting. The District shall furnish to the City in a timely manner such progress and
periodic reports in such form and quantity as the City may from time to time reasonably
require or reasonably deem necessary or appropriate concerning the progress of the
District's plans. Reports shall be submitted to the City as may be required under the
Grant Requirements, including, but not limited to, status reports of the Project, Project
accounts, statements, certificates, approvals, proposed budgets, and all other information
relative to the Project as may be reasonably requested.
F The District shall be responsible for the preparation of any documentation required by
WSDOT for the draw down of funds and shall prepare all documents necessary to meet
any reporting requirements imposed on the City by WSDOT in connection with the
administration of this Grant Requirements.
2. Compensation.
The City shall retain $322,800 of the grant funds, and shall pay the District $75,700 of
the grant funds. Each party is responsible for any additional costs incurred in performing
the grant activities.
3 Time for Performance and Term of Agreement.
The Te of this Agreement shall commence on the date hereof or on the ✓ day
of �T 2012, and shall terminate upon completion of the
performance of the scope of work provided herein.
4 Ownership and Use of Documents.
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise prepared by
either party as part of its performance of this Agreement shall be owned by and become
the property of that party, and may be used by that party for any purpose.
5. Records Inspection and Audit.
(a) The District shall maintain books, records, documents, correspondence and other
evidence pertaining to the costs and expenses of the Project(hereinafter referred to
collectively as "the records"),to the extent and in such detail as will properly reflect all
costs, direct and operating, of acquisition of real estate and of labor, materials,
equipment, supplies and services and other costs and expenses of whatever nature for
which funding shall be provided under the Grant. The books and records required under
this Section shall be maintained in accordance with generally accepted accounting
standards.
(b) The District shall retain the records and make them available for audit for a period of
three (3) years after final payment is made by the City with funds awarded by WSDOT
(c) The District shall make available to the City and the WSDOT and any other
appropriate agency, or any of their duly authorized representatives, records of the District
pertaining to work performed under the Grant for the purpose of making an audit of
financial transactions, compliance with contract terms, and an evaluation of contract
Page 2 of 4
performance. When representatives of the aforementioned governmental entities have
access to such records, they shall be authorized to make examination, excerpts, copies
and any transactions of such records.
(d) Each party shall arrange for and bear the costs of any project,program or financial
audit that W SDOT imposes or requires as a result of the receipt and administration of this
grant or which is a condition of the award of the grant. This includes the additional costs
of any audit of the records of the City related to this grant, or any audit of the District as a
result of this grant.
6. Continuation of Performance.
In the event that any dispute or conflict arises between the parties while this Contract is in
effect, the parties agrees that, notwithstanding such dispute or conflict, the parties shall
continue to make a good faith effort to cooperate and continue work toward successful
completion of assigned duties and responsibilities.
7 Administration of Agreement.
This Agreement shall be administered by Mike Newman on behalf of the
District, and by the Mayor of the City, or designee, on behalf of the City Any written
notices required by the terms of this Agreement shall be served on or mailed to the
following addresses:
City of Auburn Auburn School District
Auburn City Hall Contact Name:Laurel acre m
25 West Main Title: Coordinatrr of Gants
ATTN Kim Truong Address:9NE ?
Auburn, WA 98001,4998 Email. t t orPnzpad min_wkbet.eau
(253) 931-3010 FAX (253) 931-3053 Phone: 253-93147
8. Notices.
All notices or communications permitted or required to be given under this Agreement
shall be in writing and shall be deemed to have been duly given if delivered in person or
deposited in the United States mail, postage prepaid, for mailing by certified mail, return
receipt requested, and addressed, if to a party of this Agreement, to the address for the
party set forth above, or if to a person not a party to this Agreement, to the address
designated by a party to this Agreement in the foregoing manner.
Any party may change his, her or its address by giving notice in writing, stating his, her
or its new address, to any other party, all pursuant to the procedure set forth in this
section of the Agreement.
9 Insurance.
Each party shall maintain insurance in accordance with its policies.
10 Indemnification.
Each party shall indemnify, defend and hold harmless the other party and its officers,
agents and employees, or any of them from any and all claims, actions, suits, liability,
Page 3 of 4
loss, costs, expenses, and damages of any nature whatsoever, including attorney fees, by
any reason of or arising out of the act or omission of that party, its officers, agents,
employees, or any of them relating to or arising out of the performance of this Agreement
except for injuries and damages caused by the sole negligence of the indemnifying party
If a final judgment is rendered against the indemnified party, its officers, agents,
employees and/or any of them, or jointly against the indemnifying party and the
indemnified party and their respective officers, agents and employees, or any of them, the
indemnifying party shall satisfy the same to the extent that such judgment was due to the
indemnifying party's negligent acts or omissions.
1 1 Amendment, Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the party or
parties to be bound, or such party's or parties' duly authorized representative(s) and
specifying with particularity the nature and extent of such amendment, modification or
waiver. Any waiver by any party of any default of the other party shall not effect or
impair any right arising from any subsequent default.
12. Entire Agreement.
This Agreement contains the entire understanding of the parties hereto in respect to the
transactions contemplated hereby and supersedes all prior agreements and understandings
between the parties with respect to such subject matter
13 Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall be one
and the same Agreement and shall become effective when one or more counterparts have
been signed by each of the parties and delivered to the other party
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITY AUB AUBURN SCHOOL DISTRICT
Peter B. Lewis, Mayor e Newt
puty S eri tendent
Attest:
sn''�
k0-
Danielle E. Daskam City Clerk
Ap ov as t f rm:
ie B. Heid, t y Attorney
Page 4 of 4
EXHIBIT `A'
Grant Application
i
i
I
i
i
2010 Safe Routes to School
Grant Application Form Dape Washington State
.� Department of Zrmaporftation
Projec!Tlrle and Location
Lea Hill Safe Walkingicycling Route Improvements
Auburn,Washington
School(s)Name and Address
Hazelwood Elementary
11815 SE 304th Street
Auburn, WA 98092
Lea Hill Elementary j
30908 124th AVE SE
Auburn, WA 98092
Rainier Middle School
30620 116°i Ave SE
Auburn,WA 98092
Number of children that live with-in two miles of the school: 1,459(this is the total for all three schools in the
project area).
Number of children that get to the target school(s) by-
Walking: 113 Biking: 1 School Bus: 311 Family Vehicle: 155 Carpool:26 Transit: 0 Other 1
(Use the Safe Routes to School Student In-Class Travel Talley to collect this information.)
i
Date Student In-Class Travel Talley was conducted:March 10,2010. Grades targeted:K-8
Lead Agency and Project Manager Grant Request and Total Project Cost:
i
City of Auburn Engineering/infrastructure $276,400 (78.10%)
Chris Hankins, Grants Manager Education/Encouragement $75,700 (21.39%)
One Main Street Enforcement $1,800 (.51%)
Auburn, WA 98001
253-804-5040 (Tel) Total Request $353,900 (100%)
253-931-3053 (Fax) Match/In-kind School $21,597
chankins(aaubumwa.gov Match/in-kind PD $1,938
- I
Total Project Cost $381,311
State Legislative Distrito# 08/09
Traffic Safer),Near Schools I H&LP
Project Description(Use one sentence to summarize each element of the project.)
Engineering: The project will design and construct a new ADA compliant separated pedestrian pathway where there is an
existing gap in the network on SE 312th Street from 124"Ave SE to 126"Ave SE,provide new ADA curb ramps/crosswalks on
116"Ave SE between SE 312th Street and SE 300'Street,re-locate an existing crosswalk at SE 3046 Street and 116"Ave SE,
and add bicycle lanes on 116"Ave SE from SE 304"'Street to SE 312"Street.
Education/Encouragement: The Auburn community of Lea Hill and the students and families of three schools on Lea Hill—
Hazelwood Elementary School,Lea Hill Elementary School and Rainier Middle School—will be educated on the safety
improvements and health and environmental benefits of the new walking and cycling routes for school children attending the three
schools,and encouraged to participate through letters of commitment,incentive programs,and hands-on activities and events.
i
Enforcement:The City of Auburn Police Department,Auburn School District Principals and Auburn School District Officers
will ensure the safety of all school children Walking and cycling to and from school on the proposed safe walking and cycling j
route improvements.
Recent Progress(Describe any efforts or portions of the project that have been completed or are underway)
Auburn School District has a Safe Walking Route Plan to determine and designate safe bus routes and walking and cycling routes.
The plan is evaluated annually by the districts Safe Walking Routes Committeo--comprised of district staff;city and county
staff,and parents—after all schools submit their yearly recommendations.This proposal is consistent with the Auburn School
District Safe Walking Route Plan and is jointly sponsored by the Auburn School District and the City of Auburn.During the
2009-10 school year,the Safe Walking Routes Committee identified,through its planning process,a significant opportunity to
increase safe walking and cycling in the Lea Hill community of Auburn,by extending a pedestrian path along the south side of
312"'Ave SE to connect with existing sidewalks,and to provide bicycle lanes along 116"'Ave SE near Rainier Middle School.
High-intensity Pedestrian Activated Crosswalk(HAWK)
To comprehensively improve safety for the three schools in this area,there have been several recent projects between the City of
Auburn and the Auburn School District to achieve this goal. In 2009, a High-intensity Pedestrian Activated Crosswalk(HAWK)
was installed on SE 304"Street in front of Hazelwood Elementary as developer mitigation impacts. This HAWK beacon is
activated by a push button when a pedestrian wishes to cross the street. Since this improvement was made to the system,the city
and the school district have felt that the crosswalk has substantially increased the safety of its users.
I
School Zone Flashing Beacons&Photo Enforcement
The City of Auburn and the Auburn School District have been working together since 2008 on installing school zone flashing
beacons on both 124"Ave SE in front of Lea Hill Elementary and 116"Ave SE in front of Rainier Middle School, The school
zone flashing beacons were completed in 2008 for Leah Hill Elementary and in 2009 for Rainier Middle School.Flashing
beacons for Hazelwood elementary were installed on SE 304th St in past years by King County prior to this area being annexed
into the city Further,the City has invested in the implementation of photo enforcement for the school zone at Lea Hill Elementary
on 120 Avenue SE.This enactment provides for the use of photo radar to document speed violations in front of the school.
Since the installation of the photo enforcement program in the fall of 2009 for Lea Hill Elementary,the City of Auburn Police
Department reports a significant reduction of vehicle infractions within the school zone and that both traffic and pedestrian safety
has increased. Since the 2009 photo enforcement inception date,the number of monthly speed violations in the school zone has
decreased from 574 to 131,a decrease of 77%.
I
Rainier Middle School–Pick Up and Drop Off Improvements
In collaboration with the Auburn School District,the City of Auburn is planning to paint the curbs red on 116"Ave SE in front of
Rainier Middle School to discourage parent drop offlpick ups in the pedestrian crossing zones. "No stopping"and"No drop
offs/pick ups"signage will also be added to notify parents of the no drop off/pick up zone.The red curb will reduce the
convenience of dropping off and picking up students.It will encourage students to walk or bicycle to school. This is part of on-
going planning efforts between the City and School District to improve safety for all three of these Lea Hill schools.
School Crossing Guard Program
Hazelwood Elementary School,Lea Hill Elementary School and Rainier Middle School have established student crossing guard
patrol programs.Adult crossing guard supervisors meet with their student crossing guard patrols quarterly to ask questions,
review schedules,discuss new techniques,etc.An adult pars-educator supervises the crossing guard patrol daily.
The improvements proposed with this grant application,will continue to build upon these recent additions to the overall safety of
these critical corridors.
2010 Safe Routes to Schools 2 H&LP
PROJECT SCHEDULEAND COST SUMMARY SECTION
Safe Routes to School Project Planned Milestones and Target Dates
Physical improvements to make routes safer include a new separated pedestrian pathway,improved crosswalks,ADA ramps at
intersections,signage,and new bicycle lanes. incentives such as pedometers,reflective armbands,pedestrian safety booklets and
bookmarks will be provided to students who walk or bicycle to school. In addition Auburn PD will participate in targeted
enforcement in and around each school within the project area. The following summarizes the planned milestones and target
dates for the grant:
Project Element Scheduled Amount
i
Education/Encouragement September 2011 —Ma 2012 $75700
Enforcement December 2011 &Beyond $1-8000
Project Definition- rccment si' od June 2011 N/A
Begin PE September 2011 —October 2011 $55,280
Fnvironmental Docs Approved N/A _
kOW Complete(certification) N/A
Contract Advertised May 2012 $221,120 _
Open to Public(operationally complete) July 2012
Project Cost Summary Dollars in Percent 2011-13 Cash Flow(expenditures billed to
Note applicable costs thousands of total WSDOT):
Engineering: Date Planned
Preliminary Engineering $55,280 15.64% 9/11 $55,280
Right-of-Way so 0% 12/11 $ 1,800
Construction $221,120 62% 5/12 $75,700
Operations/Services $0 0% 6/12 $
9/12 $221,120
Education/Encouragement Program $75,700 21.44% 12/12 $
3/13 $
Enforcement Program $1,800 .56% 6/13 $
Total 09-13 $354,000
Total Grant Request: $354 100% Est Re-approprlallon $
Future Biennium $
TOTAL $354,000
Target Location Details Section
Type of School (Check schools that apply);
Kindergarten _x_
Primary School _x_
Middle School
High School
Current Conditions. Describe the current conditions(e.g.,existing roadway conditions,speed,risk factors).
The project area is defined by SE 312"'Street(124"i Ave SE to 126'Ave SE),and 1161"Ave SE(SE 304'St.to SE-312"St.).
Each of these streets are busy urban arterials with bus lines and include key destinations within walking distance,including three
schools,apartments,and commercial nodes. This area of Auburn was recently annexed from King County(January 1,2008)and
was previously developed without curb,gutter,and safe sidewalks. Although the project area has some sidewalks/walking paths,
they are intermittent and do not safely get school children to and from the three schools in the area, Further,there are currently no
bicycle lanes serving these schools to promote bicycling safety.
In accordance with the City of Aubur•n's adopted Comprehensive Transportation Plan,SE 304"Street SE 312'Street,and 1241"
2010 Safe Roulm to Schools 3 H&LP
Avenue SE are each designated as Minor Arterial Streets. Further, 1 16' Avenue SE is designated as a Type I Residential
Collector Street. Each arterial street has a posted speed limit of 35 mph and an 85"%speed between 35-38 mph. The high speed
is documented as 64-65 mph.The average daily traffic(ADT)volumes for each segment are as follows:
b SE 304"Street 4,500 ADT
o SE 312"Street 9,496 ADT
b
1240i Ave SE 5,880 ADT
b l 16a'Avehue SE 2,115 ADT
Specific to the intersection of 120 Ave SE and SE 912'"Street,a goal of the City and the School District is to improve safety and
reduce overall pedestrian accidents by making improvements in facilities,law enforcement,education,and behavior. Of significant
concern is that there have been twenty-two reported accidents,two of which were serious pedestrian/bicycle accidents since 2008
at or near this intersection.
As mentioned there have been two serious injury accidents involving pedestrians/bicyclists at or near the intersection of 124"Ave
SE and SE 312"Sheet in the last 18months. Most recently,ajuvenile cycling west bound on the south side of SE.312°Street on
his way to Lea Hill Elementary was struck by a car traveling westbound on November 16,2009 Additionally,on SE 312"Street
approaching the intersection a juvenile ran out from between cars,north to south on 312" near the entrance to the apartments and
Was struck by a car on November 26,2008.
Distance from project site to target school. (Please Posted Travel Speed at project site location. (Please check):
check): 45 mph and above
Less than '/.mile _x 30-35 mph _x_
'/a to 1 mile 25 mph _x_
1 to 2 miles 20 tnpit
Comments: With multiple project sites, in general the Operating speed(85'"percentile): 35-38 mph
distance to the target schools varies from less than a
mile to %of a mile as defined by Auburn School
District walking route boundaries.
Distance from project site to vehicle/bike or Cut-rent crossing accommodations between project site and
vehicle/pedestrian crash location-2007 to present. school. (Please indicate mtfnber for all that apply):
(Please indicate number of crashes): None:
Less than '14 mile x Marked crosswalks _15_
'/a to I mile Marked crosswalk plus traffic caliging:_2_
i to 2 miles Crossing guard or student safety patrol: _4_
Stop sign or traffic signal: _ 15_
Comments: This distance is measured from Lea Hill
Elementary where the proposed pedestrian pathway is Comments: Crossing accommodations are totaled from all
located. three schools included with this grant application.
Number of travel lanes at project site location(Please Existing traffic volumes at project site location.(Please
check): check):
4 or more lanes(w/two way left turn lane Greater than 15,000 ADT
4 lanes 10,000 to 15,000 ADT
2 or 3 lanes _x_ 5,000 to 10,000 ADT _x_
Comments: Less than 5,000 ADT
Comments: Existing traffic volume range is shown for
116"'Ave SE, 124"i Ave SE,and SE 31216 Street
2010 Safe Routes to Schools 4 H&LP
Horizontal and/or vertical stopping sight distance fi•om project site: (AASHTO green book or Design Manual)
Reouired Actual
Doesn't meet minimum stopping distance requirements
✓ Meets desirable to minimum stopping distance requirements 257 feet no feet
Not applicable,no crossing improvement included in project
Comments: Data for this calculation was taken from the 5th edition ofAASHTO's"A Policy on Geometric Design of
Highways and Streets"manual,Exhibit 3-1 Stopping Sight Distance and Exhibit 3-2 Stopping Sight Distance on Grades.
Proiect Detail: Describe the proposed work for each of the following project elements: Engineering,
Education,Encouragement,and Enforcement.
Engineering Component
The proposed project will complete safe walking and bicycling route improvements for three schools within the Auburn School
District: Lea Hill Elementary School,Hazelwood Elementary School and Rainier Middle School.The school district approximates
that 50 to 75 additional children will be able to begin walking or cycling to school,instead of being bused or driven in personal
vehicles,if the grant is awarded.
The following describes in detail the proposed work for the engineering component.
Proposed Work Items-Engineering
a Widen south side of SE 312th Place as needed to install segmented extruded curb i mlprovide 5'wide walking area from
intersection of SE 312th Place and 124th Ave SE to approximately 600 feet east on SE-31.2th Place to pedestrians to
existing sidewalk on either ends.
b Add bike lanes and associated signage to 116th Avenue SE between SE 312th Place and SE 304th_Street.
i
9 Provide accessible_ ramp improvements including additional cross walks at the intersection of SE 304th Street and-I 16th
,Avenue SE:
d Provide accessible ramps improvements at the intersections of 116th Avenue SE/SE 305th Place and l 16th A'v'enue SE/
§E 307th Place,
I
Separated Pedestrian Pathway on SE 312"Street
The project will design and construct a new ADA compliant separated pedestrian pathway where there is an existing gap in the
network on SE 312th Street from 124th Ave SE to 126th Ave SE. The path will be asphalt,with 5 feet of pavement to
accommodate both walking and bicycling. The asphalt path will be curbed to prevent motorized traffic from coming into contact
With the pathway
The pathway will connect an approximate 600 foot gap between existing curb,gutter,and sidewalk on the south side of SE 312"i
Sweet from approximately 126"Ave SE to the intersection at 120 Avenue SE. This gap is currently an unimproved shoulder
which has been deemed un-safe by the Auburn School District Safe Routes to School Committee. Once constructed,this
improvement will provide a safe,efficient non-motorized alternative path of travel for a 2.0 multi-family unit complex of which
many children attend Lea Mill and Rainier Middle School. The proposed route,which will be built primarily within the existing
right-of-way,would allow the Auburn School District to eliminate an existing bus route on SE 312"'Street which currently serves
this multi-family complex. Children would be able to safely walk the approximate 1,545 feet(approximately IN mile)to Lea Hill
Elementary School on 1241h Ave SE once this project is constructed.
From that point north to the school there is an existing sidewalk,flashing school zone beacons,and a photo speed enforcement
system in place to ensure pedestrian safety.
2010 Safe Routes to Schools 5 H&LP
Proposed Crosswalk Relocation&Receiving Ramp on SE 304'^ Street
At this time,the existing crossing on SE 304"Street and 116'h Avenue SE does not coincide with pedestrian desire lines to
encourage pedestrians to use the crossing. The primary reason for this is the lack of sidewalks on the northeast side of the crossing
for students and pedestrians traveling south from neighborhoods along 116"'Avenue SE and from those traveling west along SE
304"'Street SE. Re-locating the crossing to coincide with these pedestrian desire lines will improve safety at the crossing by
identifying more clearly the pedestrian route of travel.
Proposed Curb Ramps on 116"'Ave SE
The Auburn School District's Safe Walking Committee has also identified the route on 116"Ave SE serving students at Rainier
Middle School and Hazelwood Elementary School as a location for improving deficient curb ramps. Many of the ramps along
116"'Ave.SE are currently in disrepair and are tripping hazards for pedestrians crossing intersecting streets. The project will
provide new accessible ramps improvements at the intersections of 116th Avenue SE/SE 305th Place and 116th Avenue SE/SE
307th Place. By providing safer and easier pedestrian access to sidewalks,particularly for persons with disabilities this route of
travel to both schools will be greatly improved. All newly constructed ramps will comply with the current Americans with
Disabilities Act standards.
Proposed Bicycle Lanes on 116"'Ave SE
The Rainier Middle School area,particularly along 1160'Avenue SE,has been identified as a location needing improvements to
facilitate safe pedestrian and bicycle movements,while at the same time reduce vehicle speeds and illegal parking.On several
occasions,City staff has met with residents and members of the school's transportation department to identify specific concerns
with the current transportation facilities in the vicinity of the school. There have been multiple complaints about safety violations
along 116" Ave SE from vehicles parking and maneuvering along the street to drop off and pick up students. Due to these
activities,the traffic congestion at the intersecting driveway near the school creates a hazardous condition for students riding
bicycles to the school. The City of Auburn and the School District are proposing new on-street bicycle lanes,traffic signs and
pavement markings on 1 16th Avenue SE between SE 312th Place and SE 304th Street to alleviate safety issues associated with
illegal parking due to parent drop off and pick up.
Education/Encouragement:
i
Step I
Lea Hill Elementary School,Hazelwood Elementary School and Rainier Middle School will begin communicating to students and
families about the safe walking and cycling improvements,and the benefits of walking and cycling to and from school and reducing
greenhouse gases,through its school newsletters immediately after the grant is approved.All improvements will be outlined
including safe,connected sidewalks;spacious bike lanes;ADA-compliant crossing ramps;and supervised crosswalks. All benefits
will be outlined including increased physical fitness;decreased carbon monoxide emissions;and a safer pedestrian and bicyclist
network 24/7 for the entire community.Additionally,Auburn School District and the City of Auburn will publicize the information
via press releases to media outlets,official websites,and advertisement pages in the city's local newspaper,TNe Aidwrn Reporter
Auburn School District will also send information out via its district-wide E-Newsletter and School Messenger phone system.
i
D The in-kind cost of the public information officer to develop PR communications for 16 hours: $880
b The ht-kind cost of the advertisement pages in the city's local newspaper for 2 issues:$4,400
Step 2
During the engineering phase,Auburn School District's Transportation Department and Child Nutrition Services Department,and
the City of Auburn Police Department,will host a Bike Rodeo and Barbecue for the entire Lea Hill community to raise awareness
about the new improvements and benefits.The inclusive community event will occur around the City of Auburn's annual Good 01'
Days Celebration in August.The Bike Rodeo will include:a bicycle safety clinic featuring bike safety inspections and quick tune-
ups;a safety lecture about the rules of the road;a miniature"chalk street"course where young cyclists are shown where and how to
apply the rules;and free helmets with mandatory helmet fittings to all children who bring their bicycles to the Bike Rodeo for
inspection and tune-up,and who successfully complete the"chalk street"course.The event will be free and open to the public,
specifically targeting cyclists between ages 5-14.Additionally,the Auburn School District Child Nutrition Services Department
will host a free summer lunch barbecue for all children ages 1-18 to spark additional interest in the Bike Rodeo.
b The in-kind cost of the police officers for the Bike Rodeo clinic lecture and helmet fittings:$408 2 safety officers $5l/hr x
2010 Safe Routes to Schools 6 H&LP
4 hrs)
b The in-kind cost of the barbecue: $4,347
b The grant cost of 200 bike helmets:$6,000
Step 3
The three schools will create targeted communications to the 50-plus students'families who will be directly impacted by the new
safe walking/cycling routes. These letters will again outline the improvements and benefits.Additionally,each student,based on
where they live,will receive I or more possible routing options available to them to walk or cycle safely to school thanks to the
improvements.Each student will also receive a compact to sign and turn into their school principal or classroom teacher that serves
as a commitment to walk or cycle to school on a daily basis.
4 The in-]kind cost of the transportation supervisor to develop walking school bus routes for 16 hours: $1,000
a The in-kind cost of the school principals to develop letter and compact for 8 hours each: $1,800
b The in-kind cost of paper and printing:$500
Step 4
To motivate the 50-plus new student walkers/cyclists to keep their commitment,to encourage higher levels of fitness for all 1,722
students of Hazelwood Elementary,Lea Hill Elementary and Rainier Middle Schools,the Physical Education Departments at all
three schools will implement a fitness log component into their curriculum.For each mile a student walks,cycles or performs
another cardiovascular activity,they will log their miles.Once a student logs a certain number of miles,they will earn fitness-based
incentives such as pedometers,cyclometers,reflective vests,etc.to use during their exercise. PE teachers will use class time to
train students on the proper use of the equipment.They will also exercise during class time and log miles by walking and cycling
the new safe walking and cycling routes. PE teachers will also emphasize the health benefits of regular exercise and educate
students on how to gauge their optimal fitness levels through the use of heart rate monitors.All students with special needs and
their teachers will participate in the incentive program.Because all crossing ramps will become ADA-compliant with the proposed
improvements,students with special needs will be able to safely use all of the safe walking and cycling improvements.
Additionally,the three schools will be outfitted with three covered bicycle racks to safely secure students'bicycles.
b The in-kind cost of PE teachers to develop fitness log and track miles logged:$3,000.00
b The in-kind cost of paper and printing:$5110
The grant cost of all incentives:
i
b 500 pedometers at$15/each:$7,500
200 reflective vests at$20/each:$4,000
b 200 cycling light at$20/each:$4,000
b 200 heart rate monitors at$50/each: $10,000
b The grant cost of 9 covered bicycle racks at$1,500/each:$13,500
Step 5
Once buses are eliminated on the new safe walking and cycling routes,the schools are concerned about a potential rise in parent
drop offs/pick ups;therefore,Hazelwood and Lea Hill Elementary Schools will each employ one adult crossing guard patrol
supervisor during the grant period to help their professionally-trained student crossing guard patrols design and implement walking
school buses for residential communities affected by the new safe walking add cycling routes(A walking school bus is a group of
children walking to school with one or more adults).Once walking school bus routes are established,the crossing guard patrol
supervisors will communicate the new walking school bus procedures to the affected students and families.More importantly,the
supervisors will organize the parents and create a parent volunteer base so that the walking school bus supervision is sustainable
after the completion of the grant.At Rainier Middle School,the student crossing guard patrol and the one crossing guard patrol
supervisor will create a media campaign and promote the PE incentives to encourage students to walk or cycle to and fiom school,
and discourage parent drop offs/pick ups.Participating students will be able to log their miles and earn incentives through their PE
class.The curb outside Rainier Middle School will be painted red to discourage parent drop offs/pick ups."No stopping"and"No
drop offs/pick ups"signage will also be added to notify parents of the no drop off/pick up zone.The red curb will reduce the
convenience of dropping off and picking up students.It will encourage students to walk or cycle to school
The in-kind cost of painting curb and adding si na e:
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2010 Safe Routes to Schools 7 H&LP
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b The grant cost of 3 adult crossing guard patrol,supervisors(pars-educators)for 2 hrs/day/180 days including benefits:
$28,700.19
Enforcement:
To ensure students'safety, staff associated with each school named in this project will patrol the improved walking and cycling
routes in the morning and afternoon as students are traveling to and from their school sites. The City of Auburn Police Department
will increase their presence near the off-site crosswalks adjacent to the school sites in order to encourage compliance among
drivers,pedestrians and cyclists alike. Crosswalk violators-and speeding motorists will be cited. The Auburn Police Department
will be conducting increased enforcement,encouraging pedestrians to cross at safe and legal crossings and informing drivers of
their obligation to yield to pedestrians at all intersections and marked crosswalks.
Critical to the success of the program will be student and parent buy-in and enforcement of the safe walking and cycling
improvements.The safety enhancements made in the infrastructure, and fitness and environmental education and encouragement,
will result in 50-plus students walking or cycling to/fiom school.Auburn School District and the City of Auburn propose the
following enforcement initiatives:
Step 1
The three principals at Hazelwood,Lea Hill and Rainier will create targeted communications to the 50-plus students'families who
will be directly impacted by the new safe walking and cycling routes.The communications will provide 1 or more possible routing
options for each student who is affected by the new walking and cycling improvements in addition to a compact to sign that
commits them to walk or cycle to school every day.The principals will offer incentives for students who turn in their compacts.
The in-kind cost of the school principals to develop letter and compact:(see Step 3 above)
The grant cost of incentives: (see Step 5 above)
Step 2
The two elementary school principals will assist the adult crossing guard patrol supervisors in developing and implementing
parent-led walking school buses for the two elementary schools.The middle school's principal and assistant principal will enforce
the no parent drop offs/pick ups area on the front curb of Rainier Middle School.The City,of Auburn will paint the curb red on
1160'Ave SE in front of Rainier Middle School to discourage parent drop offs/pick ups."No stopping"and"No drop offs/pick
ups"signage will also be added to notify parents of the no drop off/pick up zone.To ensure parent drop offs/pick ups decrease
and/or remain level,the Auburn School District Support Services Department will measure the level of carbon dioxide emissions
quarterly in the first year of the implementation of the new safe walking and cycling route improvements to determine the amount
of greenhouse gases in the school zone.The principals will communicate the levels to their students and families and challenge
them to commit to a"green"school and community by walking and cycling to school rather than riding in the car.Additionally,
school-wide rewards will be provided to the schoolhouse that has the least amount of carbon dioxide emissions each quarter.
School-wide rewards will be additional recess time or a fitness/environmental guest presenter during a school assembly
i
a The in-kind cost of the school principals to help organize walking school buses for 20.hours each: $4,500
i
b The in-kind cost of painting curb and adding signage:(see Step 5 above)
b The in-kind cost of the maintenance supervisor to measure greenhouse gases quarterly for 3 firs/quarter.$670.56
b The grant cost of school-wide rewards for 1 school/per quarter- $2,000
Step 3
The City of Auburn Police Department and the Auburn School District Police Officers will partner with the schools'crossing
guard patrols to ensure crosswalk violators and speeding motorists are reported.New legislation in the State of Washington was
recently passed in March 2010 that allows crossing guards to report crosswalk violations. Additionally,the City of Aubum Police
Department will conduct a traffic emphasis patrols and rotate a speed radar trailer throughout the project area.
The in-kind costs of the City of Auburn police officers for traffic emphasis: $1,531 ($51 per hour for 35 hrs)
2010 Safe Routes to Schools 8 H&LP
Implementation and Partnerships. Discuss the factors that ensure this project is ready to proceed including partnerships.
Auburn School District serves a 55 square mile area including the cities of Auburn,Algona,Pacific,and the Lea Hill and Lake
Tapps areas of unincorporated King County. Auburn School District has a Safe Walking Route Plan to determine and designate
safe bus routes and walking and cycling routes.The plan is evaluated annually by the District's Safe Walking Routes Committee—
comprised of district staff,city and county staff,and parents—after all schools submit their yearly recommendations.This proposal
is consistent with the Auburn School District Safe Walking Route Plan and is jointly sponsored by the Auburn School District and
the City of Auburn.
The Safe Walking Routes Committee has identified,through its planning process,a significant opportunity to increase safe walking
and cycling for Lea Hill Elementary,Hazelwood Elementary,and Rainier Middle School. Southeast 312 Street is currently a bus
route serving a high density multi-family development because of un-safe walking and cycling conditions. In general pedestrians
and students using this street are forced to walk and/or cycle on approximately 600 feet of unimproved,unprotected shoulder.
These conflicts create potentially hazardous situations,which discourage students from walking and bicycling to school.
i
APPLICATION CONCURRENCE/PROJECT PARTNERS
School Principal/School District Official
Agency Auburn School District Date: 5/3/10
Contact Name: Dennis Grad
Title: Transportation Director
Address: 915 4th Street NE
Email:deradQauburn.wednet.edu
Phone:(253) (253)931-490
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Transportation/Public Works Department–Infrastructure Approving Authority
Agency City of Auburn Department of Public Works Date: 5/3/10
Contact Name: Chris Hankins
Title: Grants Manager
Address: One West Main Street,Auburn,WA 98001
Email:chanldns64suburnwa.aov
Phone: (253)804-5040
Local Law Enforcement Official
Agency City of Auburn Date: 5/3/10
Contact Name:Tony Dechoudens
Title: Sergeant
Address: Auburn Justice Center-340 East Main Street Suite 201
Email: tdechoudens(alauburnwa.eov
Phone:(253)931-3080
Other Key Partner(s)
Agency/Organization: Rainier Middle School Date: 5/3/10
2010 Safe Routes to Schools 9 H&LP
Contact Name: Ben Talbert
Title: Principal
Address: 30620 116th Avenue SE
Email: btalbertaauburn.wednet.edu
Phone: (253)931-4843
Other Key Partners
Agency/Organization: Hazelwood Elementary
Contact Name: Sally Colbum
Title: Principal
Address: 11815 Southeast 304th Street
Email: seolisum lauburn.wednet.edu
Phone: (253)931-4740
Agency- Lea Hill Elementary School
Contact Name: Ed Herda
Title: Principal
Address:30908 124th Avenue SE
Email: eherda(a,aaburn.wednet.edu
Phone: (253)931 4982
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2010 Safe Rotaes to Schools 10 H&LP
PROJECT SCHEDULE AND COST SUMMARY SECTION
Safe Routes to School Project Planned Milestones and Target Dates
Physical improvements to make routes safer include construction of new curb gutter and sidewalk at an existing pedestrian gap,
ADA upgrades to an existing traffic signal including countdown ped signal heads and ADA push buttons,improved crosswalks,
ADA ramps at intersections,signage,and new bicycle lanes. Incentives such as pedometers,reflective armbands,pedestrian
safety booklets and bookmarks will be provided to students who walk or bicycle to school, In addition Auburn PD will
participate in targeted enforcement in and around each school within the project area. The following summarizes the planned
milestones and target dates for the grant:
Project Element - Scheduled Amount
ilucation/Encoutagement August 2012-December 2012 $75,700
nforcement August 2012&Beyond $1,800
Project Definition(agreement signed) June 2011
Begin PE July"2011 $33,050
Environmental Docs Approved - November 2011
ROW Complete(certification) February 2012 1 $10,350
Contract Advertised March 2012 $277,600
Open to Public (operationally complete) August 2012
Project Cost Summary Dollars in Percent 2011-13 Cash Flow(expenditures
Note applicable costs thousands of total billed to WSDOT):
Engineering: Date Planned
Preliminary Engineering $33.05 8.3% 9/11" $15,000_
Right-of-Way $10.35 2.6% 12t11 $10,000
_
Construction $277.6 69.7% 3/12 $35,400_
Operations/Services $0 6% 6/12 $ 105,000_
9112 $ 180,800_
Education/Encouragement Program $75.7 19% 12/12 $52,500_
3/13 $
Enforcement Program $1.8 4% 6/13 $
Total 09-13 $396,500_
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Total Grant Request: $398.5 0% Est. Re-appropriation $
Future Biennium $
TOTAL $
2010 Safe Router to Schools 1 H&LP
From: Pablo Para _.--- -- --.__-_-----_
Sent: Friday, September 24, 2010 10:09 AM
To: 'ClaybrC @wsdot.wa.gov'
Cc: 'ReevesP @wsdot.wa.gov'; Chris Hankins; Leah Dunsdon; Ingrid Gaub; Dennis Selle
Subject: City of Auburn Safe Routes to School Appfication-Revised
Charlotte,
Below is our revised cost summary and description of the revised grant scope per our field visit with Paula and Ed. The
project schedule, education, encouragement and enforcement sections of the original application are unchanged. I have
attached a new map consistent with the new scope for your reference. The new engineering scope includes the following:
Engineering Component:
• Construction of bike lane, sidewalk, curb and gutter and ADA accessible ramps to complete the remaining
pedestrian gap on the south side of SE 312'"St starting at 124th Ave SE and extending approximately 600 feet
east.
• Installation of ADA pedestrian push buttons and audible countdown pedestrian signal heads at the signalized
intersection of SE 312th St and 124h Ave SE.
• Construction of upgraded ADA access ramps on 1161h Ave SE at the two marked school crosswalks in front of
Rainier Middle School and at the intersection of 1161h Ave SE and BE 304"St.
• Painting of bike lanes with signage and pavement symbols on 116th Ave SE between SE 312"St and SE 304"St.
Cost Summary,
• Engineering:
• Preliminary Engineering $33,050
Right of Way $10,350
• Construction $277,600
• Operations/Services $0
• Education/Encouragement: $75,700
• Enforcement: $1,800
• Total Grant Request $388,560
Please call if you have any questions or concerns.
Thank you,
Pablo Para
Traffic Engineer
City of A uburn
25 West Main Street
Auburn,WA 98001-4998
253-876-1958
253-931-3053 fax
ppara@auburnwa.gov
2
QuarterlyProjectRepott Page 1 of 1
Quarterly Project Report Form Asia, Find QF
Washington State
' Mar CJ' Jun Sep '_ Dec 2012 0® Department of Transportation
Agency Project Number (WSDOT use only) Edit QF
Auburn SRTS•1118(003) PIN OLP600P
Project Title Wo TA4720 Edit F
Lea HIII Safe Waking-Cycling Route Improvements Project Deaerlptlon Can bE
The project Includes sidewalk,bike lanes,bicycle racks,curb
Contractor ramps,pedestrian countdoan signal,crosswalk,public educalion
To be decided materiels,bicycle and ped"td2n safely classes and events,
creasing guards,Increased pollee patrols,photo speed
enforcement,and speed feedback signs.
Recent Progress
The City received the federal grant funding letter In May,2011. A resolution to accept the grant was adopted by the City In Jury 2011.The
protect was added to the STIP In Feb.2012. The grant obligation package was submitted on March 5,2012 and is pending approval. The
Contract Awarded date lies been revised to July 2013 per Phil Segeml's small received on March 1,2012.
Schedule,Scope,and Cost Changes (Explain the reasons for the project schedule,scope,and cost changes)
Them were no changes W the scope or cost of the project. The schedule was adjusted to reflect Project Definition and Begin PE In early
2012 to allow the project to be added to the STIP prior to grant obligation. The Contract Awarded date has been revised Is July 2013 per
Phil Sagami%email received on Mardi 1,2012.
Safe Routes and BlkelPed Safety projects only Funds Administered by WSOOT(WBDOT use only)
Source Amount Source Amount
Scheduled Attained Amount SRts Fed 11 $398,500
ducaeen Mry 12/13 MN $ 76,700
i
nforcament MN 12113 MN $ 1,800
Project Milestones Scheduled Attained Milestone Outlook(Describe issues,problems S good news Items)
reject Definition Mly 04112 MN
egreemenl signed)
egin PE MN 04112 MN
nvlronmental Dom Approved MN 12112 MN
W Complete(certilimion) MN 02/13 MN
antract Awarded MN 07/13 MN
pen to Traffic MN 10113 MN
operationally complete)
11-13 Cash FIOW(Expenditures reimbursed by WSDOT In$10006)
Project Cost Summary: eallam in Parson Prior Biennium Quarter Planned Revised Actual
Thousand. Of TOW Experidjtire 09111 $ 0 0
Preliminary Engineering $33 10% $ 0 12111 $ 0
Rlghoof.Wey $10 3% 03112 $ 0
06112 $ 43
Bonsmuclion $278 87% 09112 $ 7
Total Proj.ctCwt $321 100%
12112 s 12 InStn
03/13 S 12 forth
06/13 $ 12
11-13Total $ 86 0
Est.Reappropriation $ 313
Future Biennium $ LO!
Grand Totats $ � 0
Agency Contact Information: man' Easy" PJaa6
Kim Truong kWuong�euburnwa.gov 253.804.6059
ht.tp://fmapps.wsdot.wa.gov/fini/iwp/cgi?-db=QuartgrlyProjectReport&-loadframes 6/14/2012
v ' :Cm e� ®'�®�I j��1 �Ir� �'° a11B�� � �- p�►' mp nay_ !�
011 _ X11
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115 0.
EXHIBIT `B'
Local Agency Agreement
i
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T® llVashington State
DepartrnentetTensportation Local Agency Agreement
Agency City of Auburn CFDA No. 20.206 I
(Catalog of Federal Domesllc Asslslanc s)
Address 25.West Main Street project No. S2.T5- l//944 vK
Aubtun WA 98001 Agreement No, I 76 r t_j
- For OSC WSDOT Una Only
The Local Agency having complied,or hereby agreeing to comply, with the terms and conditions set forth In(1)Title 23,U.B.Code Highways,(2)
the regulations issued pursuant thereto,(3)Office of Management and Budget Circulars A-102, A-87 slid A-133, (4) the policies and procedures
promulgated by the Washington State Department of T•anspRdalion,and(5)the fcdcrnl aid project agreement catered into between the Slate slid
rederal Government,relative to the above project,tire Washington State Delrarlmertl of transportation will authorize the Local Agency to proceed on
the project by it separate notification.Federal fiends which are to be obligated for the project may not exceed the amount shcivrr herein on line r,
column 3,without written authm_ity,by the State,subject to the approval of the Federal Highway Administration.All project costs not reimbursed by
(lie Federal Government shall he the responsibility afthe Local Agency,
Project Description
Name Lea Hill Safe Walkin /Cycling Route fin rovements Length Nhk' -7EZ)
Termini Tm;_11 ," Ave, +D IZ, /4Uc
Description of Work
This project will construct pedestrian improvements along the south side of SE 312th St east of the intersection with
124th Ave SE,intersection improvements at I I6th Ave SENSE 304th Street,paint bike lanes on 116th Ave SE between
SE 312th St and SE 304th St and improve curb ratpps adjacent to Rainier Ridge Middle School. Auburn School District
will apply a safety education program and Auburn Police Dept, will provide enforcement patrols.
Estimate of Fundin
Type of Work 3
Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a.Agency 32 550.00 0.00 -32 50.00
100 % b,other Eduloation/Encoura eracm 75,700.00 0100 75,700.00
c,Other Enforcement 800 00 0.00 11800.00
Federal Alotl d.State 500,00 0.00 500.00
ro
Ratio for PE e.Total PE Cost Estimate a+b+c+d 110 550.00 110 550.00
Right of Way f.Agency
Other
Federal
h.Other
1.State
Participation I
Ratio forRW 1.Total RlW Cost Estimate f+ +h+l !
Construction k.Contract
1.Other
m.Other
n.Other
o.Agency
Federal Aid ,State
Participation
Ratio forCN a.Total CN Coat Estimate k+l+m+n+o+
r.Total Project Cost Estimate(e+]+q) 110 550.00 110 550.00
Agency Offi a Washington State D ment of Trans ortation
By By Lewis —
Title prM,•q ewis Mayo.- Dlrpctar of Highways and Local Programs
Date Executed MAR 14
DOT Farm 140039 EF t
RaWsad 06!09
Construction Method of Financing (check method Selected)
i
State Ad and Award
❑Method A-Advance Payment-Agency Share of total construction cost(based on contract award)
0 Method B-Withhold from pas tax the Apencys share of total construction cost pine 4,column 2)in the amount of
t
it :" 1, l al$ per month for months.
Local Force or Local Ad and Award
®Method C-Aaencv cost Incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Tltle 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
July Is 2011 Resolution/Ordnance No. Resolution No.4727
Provisions
f
1. Scope Of Work t.Preliminary wginwing.
Tile Agency shall provide all the stark, labor, matcdeb, and servhes 2.Rightorwayacquisition.
ncamstry to perform the pmjcct which is described and set forth lit delall In the 3.Projectconmruetion.
'Pmjcot l ascription' and'Type of Work.
In the even[that right of nay acquisition,err actual construction of the road,
When fire Stale acts for and on behalf of the Agency, the State shall be for whielt preliminary engineering is undertaken is not started by the closing of
darned a ageu of the Agency and shall perform the services described and dic tenth anent year fallowing the famil year is which the agreement Is
indicated In-Typo of Work*"on the foci of this Agreement,in awontamw with execpted the icy will repay to tine State arc sum a sums of federal funds
plars and apecificatiom as proposed by the Agency and approved by the State paid to fire Agency under the terms of this agreement(sae Section 1Xj.
and the redaW Highway Administration,
When the Stale nets for the Agency but Is not subject to the right or control The Agency agrees that all stages of construction necessary to provide t
by the Agency,Ilia State shall have the right to perform flu work subject to We initially planned complete facility within the limits orthis project not confirm
ordinary procedures ofihe Stateand Federal Highway Administration. to at least the minimum vatucs set by Approved statewide design standards
11. Delegation of Author applienbk to this class of highways, omen though such additional work Is
9 Authority financed without federal aid participation.
The State is willing to fulfi f the responsibilities tot Federal Govemment The Agency agrees that on federal aid highway construction projects,the
by tie admhdslmtion of this project.The Agency agrees that the Slate shall corneal.rational aid regulations which apply to liquidated damage relative to
have tire full authority to carry out this Administration.The Stale shall review, the bash of federal participation in ale project cost shall be applicable in the
process, mid approve documents required for federal Aid reinutiuisenient in event thecontractor fails to complete theconlmct within thecontroettimoo.
ruts adance with federal rcgnimmcnts. If the Stole advertises and Arvada The
contract,the State will further act for the Agency In all matters. renaming the VI. Payment and Partial Reimbursement
project as requested by the Agency.if the Low[Agency advertises and awards
the project, the Stole shall faviaw Ilia rod: to assure conformity with the Th-e total cost of the project,including all review and engineering costs and
Appeared plans and speelfbatians. area expenses or the Stale.Is to be paid by the Agency and by the Federal
Government. Federal finding shall be in Accordance with the Federal
111. Project Administration Transportation Act, As amended, and Office of Management and Budget
Certain types of work and services shall be provided by the Stale on this circulars A-102,A-97 and A-]33.The Slate shalt not he ultimately responsible
project as requested by the Agency and described in the Type of Work above for any of the costs of the prgjecl-The Agency shall be ulflr6mely responsible
In addition,time State will furnish qualified personnel for the supervhlon and for all coals ninclated with the project which are not reimbursed by (Ito
Inspection or the unrk In progress.On Iuwl Agency advertised nod awarded Federal Government. Nothing in this Agreement shall be construed As a
projects,the supervision and insjxctioir shall be Ilhilted to ensuring all work is Promise by the Stole As to tine amount or nature of failed participation in Oils
In conformance with Approved plans, specifications, and federal old PrajeeL
requirements.The salary of such engineer or other supervisor mid WI other The Agatcy shag bill the stale for federal Rid project costs incurred in
eWarles and costs Incurred by State forces upon the pmjcct win be considered a condbmdty,with applicable federal and state laws. The agency shag miniiiiise
cost thereof All costs related to this prajeer inehired by employees of 1110 Slate the time anirsed between receipt or federal aid funds and mbsegnent payment
in the customary nmnrkr on highway payrolls and vouchers shall be charged ea of incurred coals. Expenditures by the Local Agency for mainomnce,general
wits ofthe proj"L administration,supervision,and other overhead shall not be eligible far federal
IV, Availability of Records participation unless a omrrad idvect cost plan has Leon prepared in
tY Accordance width the regulations outlined in die federal Office of MnmAtlansnl
All project records in support of all costs incurred and actual oxpcnditures B Budget(OMB)cbculnr A-87,and retooled for audit.
kept by the Agency am to be maintained in Accordance with local government
accounting Procedures prescribed by the Washington Stale Aimlhar's Office,tlw Tim Slam will pall far State incurred coals a the project. ornmat Following
U.S,Diip deem of Transportation,and the Washington Slate Department of payment,the glare sprit bill the Federal (iovanmmt far reimbmsemmf of
1Yansporui ioa'fhe recordo shall be opus to inspcctiinn by the State and Pedaral those coos gligibla for&derel participation to the adept diat eiidt Coasts arc
Govermment at a0 reasonable times and shall be romined and made available for attributable and properly allocable to Ihh project 7tie State shall bin the
suyh Inspection fur n period of Am less than three years from the final payment p py�m portion(sec of Slate costs which uwera not roimbused by the
of any federal aid funds to the Agency. Copks of said records shall be
burnished to the State and/or Federal Government upon rogaest. /.Project Construction Costs
V. Compliance with Provisions Project construction financing will be accomplished by one of the three
methods As indicated in this Agreement.
The Agency shall not iuenr any federal aid participation casts oil Any
classification of work on this project until allOIDrizod in writing by One Slag for
each classification.Tito blasaificalioas of work farprojeets ale:
DOT Farm 140039 EF 2
Revised 05109
Method A—The Agency,will place with Ilse Stoic,within(20)days oRe Ilse X, Traffic Control,Signing,Marking,and Roadway
execution of the construction contract, oil advance in tine amount of ilia Maintenance
Agency's share of the total construction cost based on the contract award.The
Sfnle'will notify[lie Agency of the camel amount to be deposited with the Stmt The Agency will not pemsh any churgtss to be made in the provisions for
Tito Slate will pay all costs incurred under the eamact upon presentation of parking regulations and traffic control on this project with lutprior approval of
program billings from the entraetor.Following such payments,Ilse State will the State and Pedernl Hlghwny Administration. The Agency will not Whitt or
submit n billing to the Federal Govemmonl for the federal mid parileipatileh permit to be installed any signs,signals,"markings not in confomtanee with
there of the cost,When the project is substantially completed and final actual the standards approved by the Federal Highway Administration and MUTCD.
costs of rite project can be determined,the Slone will present the Agency with a The Agency will,at its own expense, maintain the improvement covered by
Pal billing showing the Walsall due me Slone or the amount due the Agency. this ogmement.
This hiring will be cleared by either a payment from the Agency 10 the Slate or
by a ratio from gate State to the Agency. XI, Indemnity
'flee Agency shag hold the Federal Government and the State hurnuns front
Method B— The Ageay's shore of the total construction cost as mown an and shall process and defend at its own expense all claims,demands,err suits,
the Mee of this agreement shall be withkold from its monthly fuel sex whether at law in equity brought against the Agency, State, or Federal
allotments. TYhe face of this agreement esmbiisties the months in which the Government,wising from the Agency's execution,p"Mmnaoe,or failure to '
withholding shall take piece and the exnet amount to be withhold coda month. perform any of Ike provisions of this ngrc¢ment,or orally super agmdneril or
The extent of withholding will be confirmed by letter from the Staler at the time conlrad connected with this agreement, or iruhig by reason of fhe
of contract award.Upon receipt of progress billings front the connector, the participation of the State or fictional Government in die project,PROVIDED,
Stale ivif I submit such billings to the Federal Government for payment of its nothing herein shall require the Agency to reimburse the State or the Federal
participating portion of such billings Goveranent for damages arising out of bodily h ijury to persons or damage to
property caused by or rcaulting Imo the sole negligence of the Federal
Method C—The A one =limit vouchers to the State in the formal Government or(lie Sale
8 .. lica
prescribed by the State,in uplicatF not more Than ant per month Mr those Al. Nondisedminetfon PPOV191on
costs orld ble for Federal participation to the extent that such costs are directly No liubilityshall eltadh a the Stale or Pedeal Govemmrnl except as
attributable and properly allocable to this project.Sxpenditums by the Local ,I
Agency for maintenance, general administration, supervision, and other explicitly provided becin.
overhead shall not be eligible for Fodcral'partcipation unless claimed under a The Agency shag not discriminate on On basis of race, color, national
previously approved indirect cost plan. origin,or mat in[to award and pefommntm ofany USDOT-assisted Wairnct
'fine Sale shall minibneethe Agency l'or ilia Federal dare d'digible project and/or agreement or in ga administration of its JOBS progrann or tier
cash up to the amount sham on!Ix face of this agreement.At tine time of mquimments of 49 CFR Part 26. Thos Agency shall lake all meessery,and
endif the Agency will provide documentation of all costs incurred on die award id apps under 49 CPR pert 26 a ensure cis and agreement in the
project. award end administration of USbOT•assisud contracts and agreements. Ter¢
The State shall bill the Agency for all earn incurred by the State rotative a 4VSDOTs DBE program,as required by 49 CFR Part 26 and as approved by I
the act The Slate shell also bill th¢A USDOT, is incorporated by reference in this agreement. implementation of
project gercy for the federal funds paid by the this pirogmiih Is u legal obligation and fbifure to any out its terms shall be
State to the Agency for project cons which are subsequently determined to be treated o:a vitiation of this ogrceuent. Upon tafdiwlimt to the Agency of la
ineligible for federal psertidpation(me Section IX). (allure to
any out its approved program, the Doportmcot may impose
VII. Audit of Federal Consultant Contracts sanctions as provided for undo Part 26 and may,in approprime taus,Term the
matt"for enfotcoment under 18 U.S.C.1001 and/or the program Fraud Civil
The Agency,if services oft doorda nt am required,mall be responsible for Rc^redia Act of 1986(3 t U.S.C.3801 et seq.).
audit of the consulant's records to determine eligible federal aid cost an the
project The report of said audit shall be in the A The Agency hereby agrees that It will Incorporate or can as be
p gcoey's files and made work,or modification thereof,
available to the State andlhe FedGovernment.al Government. incrorporaled Into any contrail far consimcllon
. as defined in die rates*and regulations of die Secrelory of Lotion in 41 Cult
An audit shall be conducted by the WSDOT Internal Audit Office in Chapter K which Is paid for in whole or in part with fonds obtained front Me
occurrence,with generally accepted governmental auditing standards as ismed Federal Government or borrowed on rho credit of the Federal Government
by the United Shucs Geac ll Accounting Office by time Comptroller-General of puma^to a grant,contract,loon, insurance,or guarantee or understanding
the United Sales; WSDOT Manual M 27-50, Consultant Autlu riiation, pursuant to any federal program involving suds gran,contract,loan,insurance,
Selection, and Agreement Administration; memoranda of understanding or gbamece, the required contend provisions for Federal-Aid Contracts
Ix4veen WSDOT and FRWA;and Office of Management and Budge Circular (FRWA 1273),located in Chapter 44 or(lie Local Agency Oniddirses.
A-133.
If open audit it is found that uverpuyment or participation of federal money The Agency forth" agrees that it will Ix bound by the above equal
to ineligible imps of cost has occurred,the Agency shall mineblese the Slate for opportunity clause with resped to is mwrn employment practices when it
time amount ofxnch ovega)nhicnt or esccsipanlcipa lien(ace Section llO. participates In federally ussisted construction {rod:. Provided, mar if the
applicant are participating is a Sale or Law[ Government, the above ejnol
Vill, Single Audit Act opportunity cause is not applicable to any agency, instrumentality, or
9 subdivision of such government which don not participate in work ms or lender
The Agency,nos a submdpient of fedemi Mnds,shall adhere to the federal thecoutmat.
Office of Management mid Sudgot (OMB) Circular A-133 as wet as all The Agency also agrees:
applicable federal and state afamtes and regulations. A rub eciplent who (1) To balsa and composite: actively with the Stale in obtaining the
expends$500,000 or more a fedora awards front all sources during a given compliance of cuntmetoa and suhwntradns%Vilh lire equal opportunity clause
fiscal year shall lave a tingle or program-specific audit performed for that year vtd rules,tngglattons,and relevant orders of Ih¢Secretary^f Labor.
inaccordanao with lheprovisansofOMB Circular A-133. Uponconclusionef
the A-133 audit,the Agency shag be responsible for ensuring that a copy of the (2) To goodish, the State such information as it may require for its
report Is transmitted promptly to Satm supervision of PaymantotBllling such compliance and that it will otherwise insist the Stale in Ilia
IX.
discharge of is primary msponsibilityf"securing compliance.
The Agency agrees thin if Payment or arrangement for puynsent of ally of the (3) To refrain from entering Into any contract or contrail modification
State's billing relative to the project(e.g.,Sate farce work,prq)col cehmellofthe subject to Executive Order 11246 of September 24,1965, with a contractor
State's billing cast ineligible for project tale debarred Not, or who has Out demonstrated eligibility for, government
g participation,ea.)is not made to Ilia cuntmce; and federally assisted constractims cordlects pursuant to the
Sate within 45 days after the Agency has been billed,lite State shall erred ExecotfveOrder.
mintbursemen of the tarn] man due form the regular monthly Mal tax
strabismus to tine Agency from lire Motor Vehicle Fund. No additional Federal (4) To carry out such sanctions and penalties for violation of the equal
project funding will be approved until fall payment is received unless otherarm opportunity cause as may be imposed upon contractors and subcontractors by
directed the Dircet^r ofHigmvays and local Programs. Iho Shall;Federal Highway Administration,or the Secretary of Labor fo muant
to Pert 14 subpart D of the Sxeomive Ode.
DOT Farm 140.039 EF
Revised 05/09 3