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HomeMy WebLinkAbout51821 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 5 1 8 2 AN ORDINANCE OF THE CITY COUNCIL OF WASHINGTON, AUTHORIZING THE ACCEPTANCE THE CONSTRUCTION OF CANTILEVER GATES AT UPSP RAIL LINE. THE CITY OF AUBURN, OF FEDERAL FUNDS FOR 37TM STREET NW AND THE WHEREAS, the City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Pursuant to Chapter 35A.33 RCW, the City Council hereby approves expenditure and appropriation of Federal funds which will be used for construction of cantilever gates at 37tn Street NW and the UPSP rail line, in the amount of $200,800, with $1,300 in matching funds and authorizes the Mayor to execute a Local Agency Agreement and Project Prospectus between the City and the Washington State Department of Transportation, a copy of which is attached hereto as Exhibit ~A" and is incorporated herein by reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 5182 November 16, 1998 Page I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 3. This Ordinance shall force five (5) days from and after its publication, as provided by law. take effect and be in passage, approval and INTRODUCED: PASSED: APPROVED: November 16, 1998 November 16, 1998 November 16, 1998 MAYOR ATTEST: ba-nlelle E. Daskam City Clerk APPROVED AS TO FORM: Michael J. Reynolds City Attorney Published: Ordinance No. 5182 November 16, 1998 Page 2 Washington State Department o! Transportation Agency Cit~ o£Aubum Address 25 W MaL~ St Auburn WA 98001 Local Agency Agreement IProject No. Agreement No. For OSC WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (I) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) Oi~ce of M~nagemant and Budget Circulars A-102 and A-128, (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line s, column 3, without wriUen authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Oovemmant shall be the responsibility of the Local Agency. Project Description Name 37th Street NW/UPSP Railroad Crossing Gates Length .007 miles Termini 37th Street NW and UPSP line Description of Work Intall cantilever mounted signals and gates at this grade crossing. Estimate of Punding Type of Work (4) (2) (3) Estimated Total Estimated Agency Estimated Project Funds Funds Federal Funds PE a. Agency Work 300.00 300.00 U.OU b. Other UP Railroad 4,800.00 480.00 4,320.00 c. State Services 200.00 20.00 180.00 d. Total PE Cost Estimate (a+b+c) 5,300.00 BO0.O0 4,500.0l] Kiglat of Way e. Agency Work f. Other g. State Services h. Total R/VV Cost Estimate (e+f+g) Construction i. Contract j. Other UP Railroad 195,000.00 0.00 195,000.00i k. Other I. Other m. Total Contract Costs (i+j+k+l) 195,000.00 195,000.00 Construction Engineering n. Agency Work 500.00 500.00 0.00 o, Other p. State Fomes q. Total Construction Engineering (n+o+p) 500.00 500.00 ., r. Total Construction Cost Estimate (m+q) 195,500.00 500.00 195,000.00 s. Total Project Cost Estimate (d+h+r) zOU~S{)I).UI) I~3UU.I)I) 199,500.00 *Federal participation in construction engineering (q) is limited to 15 percent of the total contract costa (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% percent; 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 furore 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. DOT FOmII40~39EF Exhibit "A" Ordinance 5182 I Construction Method of Financing (Cnsctct,4sthoa=el~cts~) State Ad and Award [] Method A - Advance Pa~;ment - 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. Local 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 November 16 Agency Official Title blayor 1998 , Resolution/Ordinance No. Ord. No. 5182 Washington State Department of Transportation By Assistant Secretary for TransAid Date Executed Provisions I. Scope of Work The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the "Project Description" and "Type of Work." When the State acts for and on behalf of the Aganey, the State shall be deemed an agent of the Agency and shall perform the services described and thdicated in "Type of Work" on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. II. Delegation of Authority The State is willing t~ fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project, the State shall review the work to ensure conformity with the approved plans and specifications. IlL Project Administration · Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid requirements. The salata' of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of thc project. iV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with procedures prescribed by the Division of Munleipal Corporations of the State Auditor's Office, the U.S. Depmmant of Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency. Copies of said r~cords shall be furnished to the Stata and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are: I. Preliminary engineering up to and including approval. 2. Preparation of plans, specifications, and estimates. 3. Right of way acquisition. 4. Project construction. In the event that right of way acquisition, or actual conalmction of the road, for which preliminary engineering is undertaken is not started by the closing of the tenth fiscal year following the fiscal year in whleh the agreement is executed, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section VIII). The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expemes of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accord with the Intarmodal Surface Transportation Efficiency Act 1991, Tire 23, United States Code, as amended, and Office of Management and Budget circulars A402 and A-128. The State shall not be ultimately responsible for any of the cost~ of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. L Preliminary Engineering, Right of Way Acquisition, and Audit Costs The Agency will pay for Agency incurred costa on the project. Following such payments, vouchers shall be submitted to the State in the format prescribed by the State, in quadruplieata, not more than one per month. The State will reimburse the Agency up to the amount shown on the face of this agreement for those costs DOT Form 140439EF Revised eligible for federal paeicipation to thc cxtctu that such costa are dlreetly attributable and properly allocable to this project. Expenditures by thc Local Agency for the establishment, maintenance, general administration, supervision, and other overhead shall not he eligible for federal participafion. The State will pay for State incurred costs on the project, Following payment, the State shall bill the Federal Govemmeat for reimbursement of those costs eligible for federal participation to the extent that such costs arc attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section VIII), The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for re[mbursemeat of those costs al[gihie for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section VIII). 2. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A - Thc Agency will place with the State, within (20) days aRer the execution of the construction contract, an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notit~ the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. FoIIowing such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing wilI be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B - The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt ofprograss billings from the contractor, the State will submit such billings to thc Federal Government for payment of its participating portion of such billings. blethod C - The Agency may submit vouchers to the State in the format prescribed by the State, in §uadmplicato, not more than once per month for tho$* costs eligible for Federal participation to the extent that such costs ~e directly am'ibutable and properly allocable to this project. Expenditures by the Local Agency for the establishment, maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation. The State shall reimburse the Agency for the Federal share of eligible project costs up to the anaount shown on the face ofthts agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall hill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently ditermined to be ineligible for federal participation (see Section VIII). VII. Audit of Faderal Aid Pro]act The Agency, if services ora consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Directive D 27-50, Consultant Authorization, Saleetion, and Agreement Administration; memoranda of unde~tandlng between WSDOT and FHWA; and Office of Management and Budget Circular A-128. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section VIII). VIII. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days aRcr the Agency has bean billed, thc State shall effect reimbursement of the total sum due from thc regular monthly fuel tax allotments to thc Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment i$ received unless otherwise directed the thc Assistant Secretary for TransAid. IX. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency wild not install or permit to be installed any signs, signals, or ma~kings not in conformance with the standards approved by the Federal Highway Administration and MUTED. The Agency will, at its own expense, maintain the improvement covered by this agreement. X. Indemnity The Agency shall hold the Federal G~vernmcnt and the State harmless from and shall process and defend at its own expense all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency's execution, performance, or failure to perform any of the provisions of thls agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Govemmetu for damages arising out of bodily injuD' to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. No liability shall attach to the State or Federal Government except as expressly provided herein. XI. Nondiscrimination Provision The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee; the following equal opportunity clause: "DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES AS FOLLOWS:" (a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by thc Agency advising thc said labor union or workers' representative of the contractor's commitments under this Section 11-2 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Ex¢ctuive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The contractor will furnish all information and reports required by Executive Order 1 i246 of September 24, 1965, and by the rules and regulations and orders of tho Secretany of Labor, or pursuant thereto, and will permit access to his book~, records, and accounts by the Federal Highway Administration and the Secretary of Labor for purposes of investigation to a~certain compliance with such rules, regulations, and orders. DOT Form 140039 EF 3 Revised 5FJ7 (0 In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any such mles, regulations or orders, this contract may be canceled, terminated, or suspended in whole or in pan and the contractor may be declared ineligible for further govemmant contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by role, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The contractor will include the provisions of this Section 11-2 in every subcontract or purchase order unless exempted by rules, regulations. or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor, The contractor will take such action with respect to any subcontract or purchase order as the Agency, Washington State Department of Transportation, or Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor, he may request the United States to enter into such litigation to protect the interests of the United States. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compllance of contractors and subcontractors with the equal opportunity clause and rules, reguIations, and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compIiance and that it will otherwise assist the State in the discharge of irs primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, I965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To cato' out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretao' of Labor pursuant th Part II, subpart D of the Executive Order. In addition, the Agency agrees that if it falls or reft:scs to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of furore compliance has been received from the Agency; and (c) Refer he case to the Department of Justice for appropriate legal proceedings. Xll. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 630, Subpart 305, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIII. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) Thc contractor is prevented from proceeding with the work as a direct result of an Executive Ordcr of thc President with respcct to the prosecution of war or in he interest of national defense, or an Executive Order of thc President or Governor of thc State with respect to the preservation of energy resources. (3) The contractor is prevented from procecding with thc work by reason ora preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by thc acts or omissions of persons or agencies other fuan the contractor. (4) The Secretary determines that such termination is in thc best intercsts of the State. XIV. Venue for Claims and/or Causes of Action For the convenience of the parties m this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in thc Superior Court for Thurston County. XV. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, rene~ al, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee ora member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and Contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that ali such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such hilure. Additional Provisions DOT Form t40-0aa EF 4 Reviaad 5~97 Washington State Department of Transportation Local Agency Federal Aid Project Prospectus [ Prefix Route ( ) Federal Aid I Project Number ST PX P 0055 Date 11/16/98 Local Agency Federal Employer Project Number Tax ID Number 9 ] -6001228 A~e. ncy Federal Program Title it~ of AtzbtR33. [] 20.204 [~ 20.205 [] 20.206 [] 20.209 [] Other Pro act Title 3~th St. NW/UPSP Railroad Crossing Gates Project Termini From 37th Street NW at UPSP line TI~/A From: TO: Lengtl~ ct Project gwarci Type N/^ .007 miles ~ Loca [] Local Forces [] State [] Railroad C~t~ Number County Number County Name WSDOT Region Federal Agency [] FHWA [] Others 55 17 YJng l Congressional District Legislative Districts Urban Area Number IMA / MI 'O / RTPO 31 8, 9 01 PSRC Total LOcal ~gancy Percent Obligation Phase Estimat~ C~t ~1~ [~ae~[ ~,as F~de~l Date ~Nearest ~ ~[;~ (Neural ~611ar) (Nea~t D011ar)Funds Month Year P.E. $5,300 $800 $4,500 85 11/98 P, NV const. $195,500 $500 $195,000 99.7 11/98 Total $200,800 $1,300 $199,500I Descr~pt, on of Ex!sting Fa~!l!~ (Exl~!!~g,Deslgn and Present Cond~tton) Roadway W~dtn 44 feet N~mber or Lanes The at-grade intersection of 37th 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. De criPtiOh of Pt0po e iWO k Install new cantilever-mounted signals and gates to improve safety. Joe Welsh Transportation Planner (253) 804-5050 ' Sta~vA Mailin Address 98001 25 }~f Main Street C,~uburn zip Code Ely ~ '-~/l. ~ Design Approval ,~..,~,~ .~,~,,,, (CA Agencies Only) Title Public Works Director Date 1 1/] 6/98 Revised 1/97 A(~?cy Project I~tle I Uate ty of Auburn 37th St. NW/UPSP Railroad Crossing Gates 11/16/98 Geometric Design Data ,Jescnp[ion i nrougn ~oute ~,rossroao ~l Principal Arterial [] Principal Arterial Federal [] Urban ~ Minor Arterial [] Urban [] Minor Arterial Functional [] collector [~ Collector Classification [] Major Collector [] Major Collector [] Rural r~ Minor Collector [] Rural [] Minor Collector [] Access Street/Road [] Access Street/Road Terrain ~ Flat [] Roll [] Mountain [] Flat [] Roll [] Mountain Posted Speed 45 mph Design Speed 50 mph Existing ADT 7,057 Design Year ADT 7,339 Design Year 1999 Design Hourly Volume (DHV) ~g Accident - 3 year Experience Property Injury Accidents Patal Accidents -- Total Number Year Damage Number of Number of Number of Number of of Accidents Accidents Accidents Injuries Accidents Fatalities 199~ 0 U O 0 0 O 1996 0 0 0 0 0 0 1997 0 0 0 0 0 0 Tota~ Numoer or ACCloen~s ARrloutabie to Lack of ~aving the Proposed improvement I °l °l °l Ul °l Performance of Work : Union Pacific/Southern Pacific Railroad Construction Will Be Per/ormeO By Union Pacific/Southern Pacific Railroad Others Agency I00 % % Contract Agency 100 % % [] Final [] Preliminary [] Class I - Environmental Impact Statement (ELS) [] Project Involves NEPA~SEPA Section 404 Interagency Agreement [] Class III - Environmental Assessment (EA) [] Project Involves NEPA/SEPA Section 404 Interagency Agreement [] Class II - Categorically Excluded (CE) [] Projects Not Requiring Documentation for FHWA Approval (23CFR 771,117(c)) [] Projects Requiring Documentation Without Further FHWA Approval (FHWA/WSDOT MOU dated 2/90) [] Projects that Require Documentation and FHWA Approval (Documented CE) Environmental Considerations Form 140-rel EF Page z ot 3 Revised 1~7 l 1/16/98 A~ncy Pro ec~ l,ue ty of Auburn 37th St. NW/UPSP Railroad Crossing Gates ' Right of Way [] No Right of Way Required ' All construction required by the contract can be accomplished within the existing right of way. [] Right of Way Required [] No Relocation [] Relocation Required Utilities that are affected are privately owned power and communications lines. Is any airport located within 3.2 kilometers (2 miles) of the proposed project? [] Yes [] No Rernarxs This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and is not inconsistent with the agency's comprehensive plan for community development. Date 11/16/98 Agency City of Auburn DOT Fom~ 14O-lOl EF Revised 1/97 Page 3 of 3