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HomeMy WebLinkAbout5217] ORDINANCE NO. 5 2 17 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING ORDINANCE 5182 BY 4 AUTHORIZING THE MAYOR TO SIGN A REVISED LOCAL 5 AGENCY AGREEMENT AND PROJECT PROSPECTUS BETWEEN THE CITY AND THE WASHINGTON STATE DEPARTMENT OF 8 TRANSPORTATION, APPROVING FEDERAL FUNDS FOR THE CONSTRUCTION OF CANTILEVER MOUNTED SIGNALS AND 7 GATES AT THE GRADE CROSSING OF 37~ STREET NW AND 8 THE UPSP RAILROAD LINE. 9 WHEREAS, the City Council of the City of Auburn must 10 11 adopt and approve all appropriations by Ordinance pursuant 12 to Chapter 35A.33 RCW; and 13 WHEREAS, Ordinance No. 5182, passed November 16, 1998, 14 approved a Local Agency Agreement and Project Prospectus 15 accepting $199,500 in federal funds, with City matching 17 funds of $1,300; and 18 WHEREAS, the Local Agency Agreement and Project 19 Prospectus have been revised to more accurately reflect 20 projects costs as set forth by the Washington Seate 21 Department of Transportation and Union Pacific Railroad; and 22 23 24 25 2B Ord~cc No. 52 I 7 M~ch 4, 1999 Page 1 1 WHEREAS the revised agreement and prospectus authorize 2 $217,3880 in federal funds, with City matching funds of 3 $3,204, of which $2,095 will be paid by with WUTC funds, 4 5 thereby reducing the City match to $1,109; 8 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 7 WASHINGTON, DO ORDAIN AS FOLLOWS: 8 Section 1. PURPOSE: Auburn City Ordinance No. 5182, 9 passed November 16, 1998, is hereby amended to reflect 10 1] acceptance of federal funds in the amount of $217,388, with 12 City matching funds of $3,204, of which $2,095 will be paid 13 with WUTC funds, for the construction of cantilever mounted 14 signals and gates at the grade crossing of 37th Street NW 15 and UPSP railroad line, and hereby authorizes the Mayor and 17 City Clerk to execute the revised Local Agency Agreement and 18 Project Prospectus between the City and the Washington State 19 Department of Transportation, a copy of which is attached 20 hereto as Exhibit ~A" and is incorporated herein' by reference. 22 · 23 24 25 28 0rd~ancc N0.5 2 ] 7 M~ch 4, ]999 P~e 2 1 Section 2. CONSTITUTION~T. TTY OR INVAT.IDTTY: If any 2 section, subsection, clause, phrase, or sentence, of this 3 Ordinance, is for any reason held to be invalid or 4 unconstitutional, such invalidity or unconstitutionality of 5 8 the remaining portions of this ordinance, as it is being 7 hereby expressly declared that this ordinance and each 8 section, subsection, clause, phrase, or sentence, hereof 9 would have been prepared, proposed, adopted, and approved 10 11 and ratified irrespective of the fact that any one or more 12 section, subsection, clause, phrase, or sentence, be 13 declared invalid or unconstitutional. 14 Sectior~ 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry 17 out the directions of this legislation. 18 Section 4. This ordinance shall take effect and be in 19 force five (5) days from and after its passage, approval, ' 20 and publication, as provided by law. 2] 22 23 24 25 26 Ord~ce No. 5217 M~ch4,1999 Page 3 1 2 INTRODUCED: March 15, 1999 PASSED: March 15, 1999 4 5 APPROVED: March 15, 1999 7 CHARLES A. BOOTH 9 MAYOR 10 11 ATTEST: 12 Da~n~elle ~. Daskam, 15 City Clerk 17 APPROVED AS TO FORM: 18 Michael J. Reynolds, 21 City Attorney 22 - 24 PUBLISHED: 3~ ~/~ ~ 25 26 Ordnance No. 5 2 ] 7 ~4arch 4, ]999 PaZe 4 , A Local Agency Agreement Department of Transportation Address, 25 W Main St Agreement No. ~ 4 0 6 0 Aub~ WA 98001 For OSC WSDOT Use Only ~¢ Local Agency having complied, or hereby a~eeing to comply, with the te~s ~d conditions set fo~h in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuit thereto, (3) Office of M~agement ~d Budget Circuits A-102 ~d A-128, (4) the policies and procedures promulgated by the Washington State Depment of Tr~spoaation, and (5) the federal aid project a~eement entered into be~een the State and Federal Government, relative to the above project, the W~hington State Depment of Tr~o~ation will authorize the Local Agency to proceed on the project by a septate notification. Federal funds which ~e to be obligated for the project may not exceed the ~ount sho~ herein on line s, co]urn 3, without ~.en authofi~ by the State, subject to the approval of ~e Federal Highway Adminis~ation. All project costs not reimbursed by the Federal Government shall be the responsibili~ of the Local Agency. Project Description Name 37~ S~eet ~SP Railroad Crossing Gates Length .007 miles Termini 37th S~eet ~ and ~SP line Description of Work Intall cantilever mounted sisals ~d gates at this Fade crossing. icstimate of i-unding Type of Work (1) (2) (3) Estimated Total Estimated Agency Estimated Project Funds Funds Federal Funds PE a. Agency Work 600.00 60.00 540.00 b. Other UP Railroad ~ ]0,288.00 1,029.00 9,259.00 c. State Services 200.00 20.00 180.00 d. Total PE Cost Estimate (a+b+c) 11,088.00 1,109.00 9,979.00 ~ght of Way e. AgencyWork f. Other g, State Services h. Total RNV Cost Estimate (e+f+g) p -F__- O I~ L '-/ Construction i. Contract 9./00 j. Other UP Railroad 07,504.00 2,075.00 20 k. Other I. Other' m. Total Contract Costs (i+j+k+l) 207,504.00 2,0 O 205,429.00 Construction Engineering n. Agency Work 500.00 .00 495.00 o. Other ~ 4 5 p. State Forces · 1 .00 15.00 1, 8.00 q. Total Construction Engineering (n+o+p) r. Total Construction Cost Estimate (m+q) s. Total Project Cost Estimate (d+h+r) I! 05~> :2:}0,592.00 .I (C>q 3,204.00 cFiTct ~l 7~2588.00 · Federal participation in construction engineering (q) is limited to 15 percent of the total contract costs (line m, column 3). The federal aid participation rate in this project will be determined by the Federal Government. The parties expect that it will be 90%/99% pement; however, it is understood that the rate may vary. The Local Agency agrees that this agreement is entered into without relying upon any representation by the state made outside of this contract, or contained herein, as to what the federal participation rate will be. It further agrees that it will not condition any future actions with respect to the project covered by this agreement upon past, current, or future representations as to the federal participation rate. The dollar amount of federal participation cannot exceed the amount shown in line s, column 3. All costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. OOTFormf40-O39EF Exhibit "A", Ordinance No. 5217 **WUTC funds eevisedS/97 1 City match = $1,109 COnstruction Method of Financing (Check Method Selected) State Ad and Award [] Method A - Advance Payment o Agency Share of total construction cost (based on contract award) [] Method B - Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of $ at $ per month for months. Locai Force or Local Ad and Award [] Method C - Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on Lvlaxd~ 15 , 1999 , Resolution/Ordinance No. Ord. No. 5217 Title z'vJa:yo~' Assistant Secretary for TransAid Date Executed APR 0 1 1999 Provisions I. Scope of Work years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in request. the "Project Description" and "Type of Work." V. Compliance with Provisions When the State acts for and on behalf of the Agency, the State shall be The Agency shall not incur any federal aid participation costs on any deemed an agent of the Agency and shall perform the services described and classification of work on this project until authorized in writing by the State for indicated in "Type of Work" on the face of this agreement, in accordance with each classification. The classifications of work for projects are: plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. 1. Preliminary engineering up to and including approval. 2. Preparation of plans, specifications, and estimates. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the 3. Right of way acquisition. ordinary procedures of the State and Federal Highway Administration. 4. Project construction. II. th}legation of Authority In the event that right of way acquisition, or actual construction of the road, for The State is willing to fulfill the responsibilities to the Federal Government which preliminary engineering is undertaken is not started by the closing of the by the administration of this project. The Agency agrees that the State shall tenth fiscal year following the fiscal year in which the agreement is executed, the have the full authority to carry out this administration. The State shall review, Agency will repay to the State the sum or sums of federal funds paid to the process, and approve documents required for federal aid reimbursement in Agency under the terms of this agreement (see Section VII1). accordance with federal requirements. If the State advertises and awards the The Agency agrees that all stages of construction necessary to provide the contract, the State will further act for the Agency in all matters concerning the initially planned complete facility within the limits of this project will conform to project as requested by the Agency. If the Local Agency advertises and awards at least the minimum values set by approved statewide design standards the project, the State shall review the work to ensure conformity with the applicable to this class of highways, even though such additional work is financed approved plans and specifications. without federal aid participation. IlL Project Administration The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the Certain types of work and services shall be provided by the State on this basis of federal participation in the project cost shall be applicable in the event the project as requested by the Agency and described in the Type of Work above. contractor fails to complete the contract within the contract tim6. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded VI. Payment and Partial Reimbursement projects, the supervision and inspection shall be limited to ensuring all work is The total cost of the project, including all review and engineering costs and in conformance with approved plans, specifications, and federal aid other expenses of the State, is to be paid by the Agency and by the Federal requirements. The salary of such engineer or other supervisor and all other Govemfnent. Federal funding shall be in accord with the Intermodal Surface salaries and costs incurred by State forces upon the project will be considered a Transportation Efficiency Act 1991, Title 23, United States Code, as amended, cost thereof. All costs related to this project incurred by employees of the State and Office of Management and Budget circulars A-102 and A-128. The State in the customary manner on highway payrolls and vouchers shall be charged as shall not be ultimately responsible for any of the costs of the project. The costs of the project. Agency shall be ultimately responsible for all costs associated with the project IV. Availability of Records which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or All project records in support of all costs incurred and actual expenditures natore of federal participation in this project. kept by the Agency are to be maintained in accordance with procedures prescribed by the Division of Municipal Corporations of the State Auditor's 1. Preliminary Engineering, Right of Way Acquisition, and Audit Costs Office, the U.S. Department of Transportation, and the Washington State The Agency will pay for Agency incurred costs on the project. Following such Department of Transportation. The records shall be open to inspection by the payments, vouchers shall be submitted to the State in the format prescribed by the State and Federal Government at all reasonable times and shall be retained State, in quadruplicate, not more than one per month. The State will reimburse and made available for such inspection for a period of not less than three the Agency up to the amount shown on the face of this agreement for those costs DOT Form 140-039 EF 2 Revised 5/97 ' eligible for fe. deral participation to the extent that such costs are directly VIII. Payment of Billing att~butable and properly allotable to this project. Expenditures by the Local The Agency agrees that if payment or arrangement for payment of any of the Agency for the establishment, maintenance, general administration, State's billing relative to the project (e.g., State force work, project cancellation, supervision, and other overhead shall not be eligible for federal participation. overpayment, cost ineligible for federal participation, etc.) is not made to the The State will pay for State incurred costs on the project. Following State within 45 days after the Agency has been billed, the State shall effect payment, the ~tate shall bill the Federal Government for reimbursement of reimbursement of the total sum due from the regular monthly fuel tax allotments those costs eligible for federal participation to the extent that such costs arc to the Agency from the Motor Vehicle Fund. No additional Federal project attributable and properly allotable to this project. The State shall bill the funding will be approved until full payment is received unless otherwise directed Agency for that portion of State costs which were not reimbursed by the the the Assistant Secretary for TransAid. Federal Government (see Section VIII). IX. Traffic Control, Signing, Marking, and Roadway The State will pay for State incurred costs on the project. Following · Maintenance payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are The Agency will not permit any Changes to be made in the provisions for attributable and properly allotable to this project. The State shall bill the parking regulations and traffic control on this project without prior approval of Agency for that portion of State costs which were not reimbursed by the the State and Federal Highway Administration. The Agency will not install or Federal Government (see Section VIII). permit to be installed any signs, signals, or markings not in conformante with the standards approved by the Federal Highway Administration and MUTCD. The 2. Project Construction Costs Agency will, at its own expense, maintain the improvement covered by this Project construction financing will be accomplished by one of the three agreement. methods as indicated in this agreement. X. Indemnity Method A- The Agency will place with the State, within (20) days after The Agency shall hold the Federal Government and the State harmless from the execution of the construction contract, an advance in the amount of the and shall process and defend at its own expense all claims, demands, or suits, Agency's share of the total construction cost based on the contract award. whether at law or equity brought against the Agency, State, or Federal The State will notify the Agency of the exact amount to be deposited with the Government, arising from the Agency's execution, performance, or failure to State. The State will pay all costs incurred under the contract upon perform any of the provisions of this agreement, or of any other agreement or presentation of progress billings from the contractor. Following such contract connected with this agreement, or arising by reason of the participation payments, the State will submit a billing to the Federal Government for the of the State or Federal Government in the project, PROVIDED, nothing herein federal aid participation share of the cost. When the project is substantially shall require the Agency to reimburse the State or the Federal Government for completed and final actual costs of the project can be determined, the State damages arising out of bodily injury to persons or damage to property caused by will present the Agency with a final billing showing the amount due the State or resulting from the sole negligence of the Federal Government or the State. or the amount due the Agency. This billing will be cleared by either a No liability shall attach to the State or Federal Government except as expressly payment from the Agency to the State or by a refund from the State to the provided herein. Agency. XI. Nondiscrimination Provision Method B - The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax The Agency hereby agrees that it will incorporate or cause to be incorporated allotments. The face of this agreement establishes the months in which the into any contract for construction work, or modification thereof, as defined in the withholding shall take place and the exact amount to be withheld each month. rules and regulations of the Secretary of Labor at 41 CFR Chapter 60, which is The extent of withholding will be confirmed by letter from the State at the paid for in whole or in part with funds obtained from the Federal Government or time of contract award. Upon receipt of progress billings from the contractor, borrowed on the credit of the Federal Government pursuant to a grant, contract, the State will submit such billings to the Federal Government for payment of loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal its participating portion of such billings. opportunity clause: Method C - The Agency may submit vouchers to the State in the format prescribed by the State, in quadruplicate, not more than once per month for "DURING THE PERFORMANCE OF THIS CONTRACT, THE those costs eligible for Federal participation to the extent that such costs are CONTRACTOR AGREES AS FOLLOWS:" directly attributable and properly allotable to this project. Expenditures by (a) The contractor will not discriminate against any employee or applicant for the Local Agency for the establishment, maintenance, general employment because of race, color, religion, sex, or national origin. The administration, supervision, and other overhead shall not be eligible for contractor will take affirmative action to ensure that applicants are employed and Federal participation. that employees are treated during employment without regard to their race, color, The State shall reimburse the Agency for the Federal share of eligible religion, sex, or national origin. Such action shall include, but not be limited to, project costs up to the amount shown on the face of this agreement. At the the following: employment, upgrading, demotion or transfer; recruitment or time of audit, the Agency will provide documentation of all costs incurred on recruitment advertising; layoffs or termination; rates of pay or other forms of the project. compensation, and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and The State shall bill the Agency for all costs incurred by the State relative applicants for employment, notices to be provided by the Agency setting forth to the project. The State shall also bill the Agency for the federal funds paid the provisions of this nondiscrimination clause. by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section VIII). Co) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will VII. Audit of Federal Aid Project receive consideration for employment without regard to race, color, religion, The Agency, if services era consultant are required, shall be responsible sex or national origin. for audit of the consultant's records to determine eligible federal aid costs on (c) The contractor will send to each labor union or representative of workers the project. The report of said audit shall be in the Agency's files and made with which he has a collective bargaining agreement or other contract or available to the State and the Federal Government. understanding, a notice to be provided by the Agency advising the said labor An audit shall be conducted by the WSDOT Internal Audit Office in union or workers' representative of the contractor's commitments under this accordance with generally accepted governmental auditing standards as Section 11-2 and shall post copies of the notice in conspicuous places available issued by the United States General Accounting Office by the Comptroller to employees and applicants for employment. General of the United States; WSDOT Directire D 27-50, Consultant (d) The contractor will comply with all provisions of Executive Order 11246 Authorization, Selection, and Agreement Administration; memoranda of of September 24, 1965, and of the rules, regulations, and relevant orders of the understanding between WSDOT and FHWA; and Office of Management Secretary of Labor. and Budget Circular A-128. (c) The contractor will furnish all information and reports required by If upon audit it is found that overpayment or participation of federal Executive Order 11246 of September 24, 1965, and by the roles and regulations money in ineligible items of cost has occurred, the Agency shall reimburse and orders of the Secretary of Labor, or pursuant thereto, and will permit access the State for the amount of such overpayment or excess participation (see to his books, records, and accounts by the Federal Highway Administration and Section VIII). the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. DOT Form 140-039 EF 3 Revised 5/97 (0 In the event of tile contractor's noncompliance with the XII. Liquidated Damages · nol;Idiscrimin'ation clauses of this contract or with any such rules, regulations The Agency hereby agrees that the liquidated damages provisions of 23 CFR or orders, this contract may be canceled, terminated, or suspended in whole Part 630, Subpart 305, as supplemented, relative to the amount of Federal or in part and the contractor may be declared ineligible for further participation in the project cost, shall be applicable in the eyent the contractor government contracts or federally assisted construction contracts in fails to complete the contract within the contract time. Failure to include accordance with procedures authorized in Executive Order 11246 of liquidated damages provision will not relieve the Agency from reduction of September 24., 1965, and such other sanctions may be imposed and remedies federal participation in accordance with this paragraph. invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided Xlll. Termination for Public Convenience by In% The Secretary of the Washington State Department of Transportation may (g) The contractor will include the provisions of this Section 11-2 in terminate the contract in whole, or from time to time in part, whenever: every subcontract or purchase order unless exempted by rules, regulations. or orders of the Secretary of Labor issued pursuant to Section 204 of (1) The requisite federal funding becomes unavailable through failure of Executive Order 11246 of September 24, 1965, so that such provisions will appropriation or otherwise. be binding upon each subcontractor or vendor. The conlractor will take (2) The contractor is prevented from proceeding with the work as a direct such action with respect to any subcontract or purchase order as the Agency, result of an Executive Order of the President with respect to the prosecution of Washington State Department of Transportation, or Federal Highway war or in the interest of national defense, or an Executive Order of the President Administration may direct as a means of enforcing such provisions or Governor of the State with respect to the preservation of energy resources. including sanctions for noncompliance: Provided, however, that in the (3) The contractor is prevented from proceeding with the work by reason of a event a contractor becomes involved in, or is threatened with, litigation with a subcontractor, he may request the United States to enter into such preliminary, special, or permanent restraining order era court of competent litigation to protect the interests of the United States. jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it (4) The Secretary determines that such termination is in the best interests of participates in federally assisted construction work: Provided, that if the the State. applicant so participating is a State or Local Government, the above equal XIV. Venue for Clairtts and/or Causes of Action opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or For the convenience of the parties to this contract, it is agreed that any claims under the contract. and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is The Agency also agrees: concerned, shall be brought only in the Superior Court for Thurston County. (I) To assist and cooperate actively with the State in obtaining the XV. Certification Regarding the Restrictions of the Use compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. Of Federal Funds for Lobbying (2) To furnish the State such information as it may require for the The approving authority certifies, to the best of his or her knowledge and supervision of such compliance and that it will otherwise assist the State in belief, that: the discharge of its primary responsibility for securing compliance. (1) No federal appropriated funds have been paid or will be paid, by or on (3) To refrain from entering into any contract or contract modification behalf of the undersigned, to any person for influencing or attempting to subject to Executive Order 11246 of September 24, 1965, with a contractor influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the connection with the awarding of any federal contract, the making of any federal Executive Order. grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification (4) To carry out such sanctions and penalties for violation of the equal of any federal contract, grant, loan, or cooperative agreement. opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor (2) If any funds other than federal appropriated funds have been paid or will pursuant to Part II, subpart D of the Executive Order. be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee In addition, the Agency agrees that if it fails or refuses to comply with of Congress, or an employee of a member of Congress in connection with this these undertakings, the State may take any or all of the following actions: federal contract, grant, loan, or cooperative agreement, the undersigned shall (a) Cancel, terminate, or suspend this agreement in whole or in part; complete and submit the Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. · (b) Refrain from extending any further assistance to the Agency under the (3) The undersigned shall require that the language of this certification be program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and Agency; and cooperative agreements) which exceed $100,000, and that all such subrecipients (c) Refer the case to the Department of Justice for appropriate legal shall certify and disclose accordingly. proceedings. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Additional Provisions DOT Form 140-039 EF 4 Revised 5/97 Local Agency Federal Aid Washington State Department of Transportation Project prospectus Prefix Route ( ) Federal Aid J Project Number ST i::>X 1:) 0055 Date 2/16/98 Local Agency [ Federal Employer Project Number C8072 Tax ID Number 91-6001228 Agency ~ Federal. Program I ~tle City ofA btLql " [] 20.204 ~ 20.205 [] 20.206 [] 20.209 [] Other Project Title 37th St. NW/UPSP Railroad Crossing Gates Project I ermini From I o 371h Street NW at UPSP line N/A From: I o: Length of Project Award Type 0 [] Local [] Local Forces [] State [] Railroad N/A . 07 miles Federal Agency I City Number County Number County Name LO~SDOI Region [] FHWA [] Others 0055 17 UrbanArealu:u~m':r~ Congressional Distdct [ Legislative Districts 01 TMA / M / R I PO 31 8, 9 PSRC Total 'Local Agency ' Percent ~ Ob!igationi::~i:::© Phase Estimated Cost Funding Federal Funds Federal Date :::':~!:~ :~ (Nearest Dollar) (Nearest Dollar) (Nearest Dollar) Funds Month YeaF :'~: ~,.'~. ' $11,088 $1,109 $9,979 90 3/99 Const. $209,504 $2,095 $207,409 99 3/99 Total $220,592 $3,204 $217,388 Description of Existing Facility (Existing Design and PreSent COndition) Roadway W,dth . Number of Lanes 44 feet [ 4 The at-grade intersection of37th Street NW and the UPSP line is protected by cantilever warning lights, but not by gates. The lack of crossing gates, coupled with sight distance impairments at the grade crossing, present a safety hazard. Description of Proposed Work ............................ . Noadway Width Number ot Lanes [] New Construction [] 3-R [] 2-R 44 feet 4 Install new cantilever-mounted signals and gates to improve safety. Local Agency Contact Person I itle Phone Joe Welsh Transportation Planner (253) 804-5050 Mailing Address [ City tLTTI I State Zip Code 25 W Main StTeet A b WA 98001 U Design Approval By ~/~,/Cc4,.~,~,,- "'7/~, ~Authodty (CA Agencies Only) Title Pub]ic Works Djz'ector Date D0 i Form t40-101 EF Page 1 of 3 Revised 1/97 x of Aubum 37th St. NW/UPSP Railroad Crossing Gates 2/16/98 Geometric De ignIoata ........ uescr. ptlon i nrougn Houte L;rossroao [] Principal Arterial [] Principal Arterial Federal [] Urban [] Minor Arterial [] Urban [] Minor Arterial Functional [] Collector [] Collector Classification " [] Major Collector [] Major Collector [] Rural [] Minor Collector [] Rural [] Minor Collector [] Access Street/Road [] Access Street/Road I errain [] Flat [] Roll [] Mountain [] Flat [] Roll [] Mountain Posted Speed 45 mph Design Speed 50 mph l:xisting AD I 7,057 Design Year AD I 7,3.39 Design Year 1999 Design Houdy Volume (DHV) 880 Property Injury Accidents Fatal AcCidents Total Number Year Damage Number of Number of Number of Number of of Accidents Accidents Accidents Injudes Accidents Fatalities ]995 0 0 0 0 0 0 1996 0 0 0 '0 0 0 1997 0 0 0 0 0 0 1998 0 0 0 0 0 0 ::: ::i:~::: :~!~7: '~ :~::lotat~iNumber!of!~idents .q. ttrlbutable to Lack of::'aawng!~the Proposed ImprOvement : =::. !~ ,': ..5~ '..~i .: ...:' ~ .... ii'~ ":. "' :' ".:: "' "' '.".. .:' Preliminary Engineering Will Be Performed By Others Agency Urdon Pacific/Southern Pacific Railroad 100 % % construction Will Be Performed By Contract Agency U~on Pacific/Southern Pacific Railroad 100 % % · .:' ' .' "': j~...' ~' .~'.:"~ ~..:.'~.?i:.' . .'>:~:""', :.:!:" :" ':""':~':: '.. .:.. ' .":.:' ..:.."' ::' ':.::;:' .' [] Final [] Preliminary [] Class I - Environmental Impact Statement (EIS) [] Class II - Categorically Excluded (CE) [] Project Involves NEPA/SEPA Section 404 [] Projects Not Requiring Documentation for FHWA Interagency Agreement Approval (23CFR 771.117(c)) [] Class III - Environmental Assessment (EA) [] Projects Requiring Documentation Without Further FHWA Approval (FHWA/WSDOT MOU [] Project Involves NEPA/SEPA Section 404 dated 2/90) Interagency Agreement []Projects that Require Documentation and FHWA~ ': Approval (Documented CE) :" Environmental Considerations DOT F~rn ~40-10~ EF Page 2 of 3 ReviSed 1/97 I A(~;~.~ Project Title Date Auburn~ of 371h St. NW/UPSP Railroad Crossing Gates 2/16/98 R!ght of Way ..... [] No Right of Way Required [] Right of Way Required * All construction required by the [] No Relocation [] Relocation Required contract can be accomplished within the existing right of way. Description of Utility Relocation or Adjustments and h_,xisting Major Structures Involved in the Project Utilities that are affected are privately owned power and communications lines. FAA Involvement Is any airport located within 3.2 kilometers (2 miles) of the proposed project? [] Yes [] No Remarks This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, a~d is not inconsistent with the agency's comprehensive plan for community development. ; ,~ Agency City of Aubum ~ Date . ~ .- / (~. ~'? By ~ O--~t k q- {'~ c Mayor/C'h¢;, ~,~, ,,~, ~ DOT Form 140-101 EF Revised 1/97 Page 3 of 3 ~'"'"~Washington State Department ot Transportation iC~ Local Agency Agreement Supplement Agency . Supplement Number City of AubUm Federal Aid Project Number !Agreement Number CFDA No. 20.205 STPXP- l 140 (027) i LA 406 8 (Catalog of Federal Domestic Assistance) The Local Agency desires to supplement the agreement entered into and executed on All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Project Description Name 37th SWeet NW/UP Railroad Crossing Gates Length .007 miles Termini 37th Street NW and UP railroad line Description of Work [] No Change Reason for Supplement Request CN Funds for installation of cantilever mounted signals and gates at grade crossing· Estimate of Funding Type of Work ' fi) (2) (3) I (4) , (5) Previous Estimated Total ~Estimated Agency~ . Estimated Agreement/SuppL} Supplement Project Funds ., Funds i Federal Funds · PE a. Agency 600·00[ 600.00 60.00~ 540.00 90 % b. Other ~DTJgEDD+ 10,288.00 1,029.00: 9,259.00 I ' c. Other Federal Aid d. State 200.00~ 200.00: 20 00: 180.00 Participation _~_ ' Ratio for PE e. Total PE Cost Estimate (a*b+c+d) 11,088.00! ~ 11,088.00! 1,109.00 9,979.00 Right of Way f. Agency % g. Other FederalAid h. Other Participation - Ratio for RW i. State j. Total PJW Cost Estimate (f+g+h+i) Construction k. Contract I. Other T''TP Railroad 207,504.00i 207,504.00 2,075.00= 205,429.00 m. Other n. Other ' ' ; i j 99 % 50~3.00! 50iJ'.0~ 5.001 495700 o. Agency Federal Aid Padicipation p. State r , Ratio for CN q. Total CN Cost Estimate (k+l+m+n+o+p) 20'9,504.00! 209,504.00 r. Total Project Cost Estimate (e+j+q) 11,088.00 209,504.00, 220,592.00i 3,204.00 The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions. Agency Official :~. Washington State Department of Transportation Title Mayor Assistant r High I Programs _ Date Executed FEB 2 2 2001 DOT Form 140-O41 EF Revised 4/2000 WashingtonState ~, ~, Department of Transportation ~' Local Agency Agreement Supplement Agency , Supplement Number city or Aub / Federal Aid Project Number !Agreement Number CFDA No. 20.205 STPXP- 1140 (027) LA 4068 (Catalog of Federal Domestic Assistance) The Local Agency desires to supplement the agreement entered into and executed on All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Project Description ~'~ ~ ~' 'L',~J''~ Name 37th SWeet NVq/UP ~Railroad Crossing Gates Length .007 miles Termini 3?th Street NW and UP railroad line Description of Work [] No Change Reason for Supplement Request CN Funds for installation of cantilever mounted signals and gates at grade crossing· i Estimate of Funding Type of Work ;' (4) (2) (3) Estimated Total Estimated Agency Estimated Previous Supplement Funds AgreementJSuppl. Project Funds i Federal Funds PE a. Agency 600.00 60.00 90 % b. Other 'IDy28k'~DO '" 10, . 1,029.00i 9,259.00 c. Other Federal Aid d. State 200.06 200.00 20.00 180.00 Participation Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 11,088.00 11,088.00 1,109.00i 9,97~.~0 Right of Way f. Agency % g. Other Federal Aid h. Other Participation Ratio for RW i. State j. Total RAN Cost Estimate (f+g+h+i) Construction k. Contract I. Other UP Railroad '~ 207,504.00~ 207,504.001 2,075.00' 205,429.00 / m. Other i n, Other = I ! 99 % i i 55~7~00 o. Agency I 50lEO01 . 5.00~ 495.00 Federal Aid ....... 1~500.00 1, 15.00 ....... 1';7485.~ - Participation p. State Ratio for CN q. Total CN Cost Estimate (k-q+rn+n+o+p) ' } 2~9,504.00 '! 209,504.00~ 2,095.00 207,409.0~ r r. Total Project Cost Estimate (e+j+q) 11,088.00 209,504.00~ 220,592.00i 3,204.00 217,388.00 ..~ The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions. Agency Official :~. Washington State Department of Transportation Title Mayor Assistant r High I Programs Date Executed FEB 2 2 2001 DOT Form 140-041 EF Revised 4/2000