HomeMy WebLinkAbout01-02-2024 AgendaCity Council Meeting
J anuary 2, 2024 - 7:00 P M
City Hall Council Chambers
A GE NDA
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I .C AL L T O O RD E R
I I .L AND AC K NO WL E D G M E NT
We would like to acknowledge the Federally Recognized Muckleshoot I ndian Tribe, the
ancestral keepers of the land we are gathered on today. We thank them for their
immense contributions to our state and local history, culture, economy, and identity as
Washingtonians.
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
T he Auburn City Council Meeting scheduled for Tuesday J anuary 2, 2024 at 7:00
p.m. will be held in person and virtually.
Virtual P articipation L ink:
To view the meeting virtually please click the below link, or call into the meeting at
the phone number listed below. The link to the Virtual Meeting is:
https://www.youtube.com/user/watchauburn/live/?nomobile=1
To listen to the meeting by phone or Z oom, please call the below number or click
the link:
Telephone: 253 215 8782
Toll Free: 877 853 5257
Z oom: https://us06web.zoom.us/j/83291210833
A .P ledge of Allegiance
I V.Roll Call
V.ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .P olice Promotional Ceremony (Caillier)
B .Tamil Heritage Month
Mayor Backus to proclaim J anuary 2024 as "Tamil Heritage Month" in the City of Auburn
Page 1 of 34
V I .AG E ND A M O D I F IC AT I O NS
V I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
Participants can submit written comments via mail, fax, or email. All written
comments must be received prior to 5:00 p.m. on the day of the scheduled
meeting and must be 350 words or less.
Please mail written comments to:
City of A uburn
Attn: Shawn Campbell, City Clerk
25 W Main S t
Auburn, WA 98001
Please fax written comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Email written comments to:
publiccomment@auburnwa.gov
I f an individual requires an accommodation to allow for remote oral comment
because of a difficulty attending a meeting of the governing body, the City
requests notice of the need for accommodation by 5:00 p.m. on the day of the
scheduled meeting. Participants can request an accommodation to be able to
provide remote oral comment by contacting the City Clerk’s Office in person, by
phone (253) 931-3039, or email to publiccomment@auburnwa.gov
B .Correspondence - (T here is no correspondence for Council review.)
V I I I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aldwin)
I X.C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the December 18, 2023, City Council Meeting
Page 2 of 34
B .Claims Vouchers (Thomas)
Claims voucher list dated December 27, 2023 which includes voucher number 474429
through 474568, in the amount of $6,596,184.09, four electronic fund transfers in the
amount of $338.63, and three wire transfers in the amount of $217,677.57
C.P ayroll Voucher (T homas)
P ayroll check numbers 539550 through 539554 in the amount of $766,035.84,
electronic deposit transmissions in the amount of $2,417,513.96, and also a special
payroll for Unsubstantiated V E B A claims with electronic deposit transmission in the
amount of $2,229.30 for a grand total of $3,185,779.10 for the period covering
December 14, 2023 to December 27, 2023
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
X .UNF INIS HE D B US I NE S S
X I .NE W B US I NE S S
A .S pecial F ocus Area A ssignment (Council)
X I I .RE S O L UT IO NS
A .Resolution No. 5751 (Gaub)
A Resolution authorizing the Mayor to execute an agreement between the City of
A uburn and the Central Puget Sound Regional Transit A uthority for the conveyance of
interest real estate
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5751.)
B .Resolution No. 5752 (B oesche)
A Resolution authorizing the Mayor to execute a Temporary Construction Easement
between the City of Auburn and the Central P uget S ound Regional Transit Authority
over City-Owned Property located at 11 A Street NW
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5752.)
C.Resolution No. 5754 (B oesche)
A Resolution authorizing the Mayor to sign a second amendment to an agreement
between the City of Auburn and Totem L ogistics, I nc. related to Garbage/Waste
Cleanup S ervices
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5754.)
D.Resolution No. 5755 (Gaub)
A Resolution authorizing the Mayor to execute and administer an agreement accepting
a grant from the Washington S tate Department of Transportation and F ederal Highway
A dministration for the L ea Hill Safe Routes to School P roject
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5755.)
Page 3 of 34
X I I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X I V.AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 34
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the December 18, 2023, City Council Meeting
Date:
December 27, 2023
Department:
City Council
Attachments:
12-18-2023 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:January 2, 2024 Item Number:CA.A
Page 5 of 34
City Council Meeting
December 18, 2023 - 7:00 P M
City Hall Council Chambers
MINUT E S
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hours after the meeting has concluded.
I .C AL L T O O RD E R
I I .L AND AC K NO WL E D G M E NT
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
The City Council Meeting was held in person and virtually.
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet and led those
in attendance in the Pledge of Allegiance.
I V.Roll Call
Councilmembers present: B ob Baggett, K ate Baldwin, L arry Brown, Robyn
Mulenga, Cheryl Rakes, and Yolonda Trout-Manuel. Deputy Mayor J eyaraj
was excused.
Mayor Nancy Backus and the following staff members present included:
A cting City A ttorney Harry B oesche, Chief of P olice Mark Caillier, Director
of Finance J amie Thomas, Director of Public Works I ngrid Gaub, Director
of Community Development J eff Tate, B usiness S ystems Analyst Chrissy
Malave, and Deputy City Clerk Hannah Scholl.
V.ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
There were no announcements, Mayor's proclamations, or presentations.
V I .AG E ND A M O D I F IC AT I O NS
There were no modifications to the agenda.
V I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings
1.2024 C D B G A nnual A ction Plan P ublic Hearing (Tate)
Page 1 of 5Page 6 of 34
City Council to conduct a P ublic Hearing to consider the Proposed 2024 Annual
Action P lan
Mayor B ackus opened the Public Hearing at 7:03 p.m.
Virginia Haugen A uburn, W A
Virginia shared her hopes of great things to come for the City.
Mayor B ackus closed the Public Hearing at 7:04 p.m.
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
S teve A uburn, W A
S teve expressed his concerns regarding his civil rights.
Virginia Haugen Auburn, WA
Virginia expressed her gratitude for all the Councilmembers.
C.Correspondence
There was no correspondence for Council to review.
V I I I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aldwin)
Councilmember B aldwin, Chair of the F inance Ad Hoc Committee,
reported she and Councilmember Baggett have reviewed the claims
and payroll vouchers described on the agenda this evening and
recommended their approval.
I X.C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the December 4, 2023, City Council Meeting
B .Minutes of the December 11, 2023, Special City Council
Meeting
Page 2 of 5Page 7 of 34
C.Minutes of the December 11, 2023, Study Session Meeting
D.Claims Vouchers (Thomas)
Claims voucher list dated December 13, 2023 which includes voucher number 474318
through 474428, in the amount of $2,312,613.59, three electronic fund transfers in the
amount of $565.99, and six wire transfers in the amount of $861,461.94
E .P ayroll Voucher (T homas)
P ayroll check numbers 539544 through 539549 in the amount of $83,416.59,
electronic deposit transmissions in the amount of $2,735,510.54, for a grand total of
$2,818,927.13 for the period covering November 30, 2023 to December 13, 2023
F.A nnual On-Call A greements (Gaub)
A pprove the A nnual On-Call A greements for P rofessional S ervices for 2024
Councilmember Trout-Manuel moved and Councilmember Baggett
seconded to approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X .UNF INIS HE D B US I NE S S
There was no unfinished business.
X I .NE W B US I NE S S
There was no new business.
X I I .RE S O L UT IO NS
A .Resolution No. 5743 (Tate)
A Resolution adopting the 2024 Community Development B lock Grant A nnual A ction
P lan for the Consolidated P lan Years 2020-2024
Councilmember Trout-Manuel moved and Councilmember Rakes
seconded to adopt Resolution No. 5743.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
B .Resolution No. 5750 (Gaub)
A Resolution authorizing the Mayor to execute and administer an agreement accepting
grants from the Washington State Transportation I mprovement Board for the A uburn
Way South W idening and Regional Growth Center I mprovement P rojects
Councilmember B rown moved and Councilmember Rakes seconded to
adopt Resolution No. 5750.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
Page 3 of 5Page 8 of 34
C.E xecutive S ession
Mayor Backus adjourned into an executive session at 7:18 p.m. per
R C W 42.30.110(1)(c) to consider the minimum price at which real
estate will be offered for sale or lease when public knowledge
regarding such consideration would cause a likelihood of decreased
price and per R C W 42.30.110(1)(i)(ii) to discuss litigation that the
agency reasonably believes may be commenced by or against the
agency, the governing body, or a member acting in an official
capacity; or litigation or legal risks of a proposed action or current
practice that the agency has identified when public discussion of the
litigation or legal risks is likely to result in an adverse legal or financial
consequence to the agency for 15 minutes. Senior City S taff
A ttorney Doug Ruth, Real Estate Manager J osh A rndt, Director of
P ublic Works I ngrid Gaub, and Outside Counsel Kennon W illiams
from Foster Garvey were required to attend.
Mayor Backus reconvened the meeting at 7:44 p.m.
D.Resolution No. 5751
A Resolution authorizing the Mayor to execute an agreement between the City of
A uburn and the Central Puget Sound Regional Transit A uthority for the conveyance of
interest real estate
E .Resolution No. 5752
A Resolution authorizing the Mayor to execute a Temporary Construction Easement
between the City of Auburn and the Central P uget S ound Regional Transit Authority
over City-Owned Property located at 11 A Street NW
Councilmember B rown moved and Councilmember Trout-Manuel
seconded to postpone consideration of Resolution No. 5751 and
Resolution No. 5752 until the J anuary 2, 2024, City Council Meeting.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Councilmember B aldwin reported she attended the R E D I Coalition
meeting.
Councilmember Rakes reported she attended the Rainier Middle S chool
Holiday Concert.
Councilmember Trout-Manuel reported she attended the Mountain View
Page 4 of 5Page 9 of 34
High S chool W inter Multicultural Event and the Mayor's Open House
E vent.
B .From the M ayor
Mayor Backus thanked all of the Councilmembers for their service and
dedication to the community.
X I V.AD J O URNM E NT
There being no further business to come before the Council, the
meeting was adjourned at 7:51 p.m.
A P P R O V E D this 2nd day of J anuary, 2024.
____________________________ ____________________________
NA NC Y B A C K US, MAYO R Hannah Scholl, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 5 of 5Page 10 of 34
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Thomas)
Date:
December 13, 2023
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers.
Background for Motion:
Background Summary:
Claims voucher list dated December 27, 2023 which includes voucher number 474429
through 474568, in the amount of $6,596,184.09, four electronic fund transfers in the amount
of $338.63, and three wire transfers in the amount of $217,677.57.
Rev iewed by Council Committees:
Councilmember:Kate Baldwin Staff:Thomas
Meeting Date:January 2, 2024 Item Number:CA.B
Page 11 of 34
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Voucher (Thomas)
Date:
December 13, 2023
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Approve Payroll Vouchers.
Background Summary:
Payroll check numbers 539550 through 539554 in the amount of $766,035.84, electronic
deposit transmissions in the amount of $2,417,513.96, and also a special payroll for
Unsubstantiated VEBA claims with electronic deposit transmission in the amount of
$2,229.30 for a grand total of $3,185,779.10 for the period covering December 14, 2023 to
December 27, 2023.
Rev iewed by Council Committees:
Councilmember:Kate Baldwin Staff:Thomas
Meeting Date:January 2, 2024 Item Number:CA.C
Page 12 of 34
AGENDA BILL APPROVAL FORM
Agenda Subject:
Special Focus Area Assignment (Council)
Date:
December 27, 2023
Department:
City Council
Attachments:
2024 Special Focus Areas
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:January 2, 2024 Item Number:NB.A
Page 13 of 34
COMMUNITY WELLNESSFINANCE AND INTERNAL SERVICESPUBLIC WORKS & COMMUNITY DEVELOPMENTMUNICIPAL SERVICESHEALTH EQUITY AND WELLNESS FACILITIES UTILITIES PUBLIC SAFETYNEIGHBORHOOD SERVICES TECHNOLOGY TRANSPORTATION COURTSHOMELESSNESS PREVENTION PROPERTY MANAGEMENT ENVIRONMENTAL POLICY RECREATION, MUSEUM & SR SERVICESHOUSING POLICY RISK MANAGEMENT & INSURANCE LAND USE & DEVELOPMENT ANIMAL CONTROLSOCIAL SERVICES FISCAL SUSTAINABILITY AIRPORT EMERGENCY PLANNINGDIVERSITY, EQUITY & INCLUSION PARK DEVELOPMENT CEMETERYCULTURAL ARTS & COMMUNITY EVENTS ECONOMIC DEVELOPMENT COMMUNICATIONSRIGHT OF WAY MANAGEMENTChair Councilmember Chair Councilmember Chair Councilmember Chair CouncilmemberVice Chair Councilmember Vice Chair Councilmember Vice Chair Councilmember Vice Chair CouncilmemberSFA Liaison SFA Liaison SFA Liaison SFA LiaisonDirector of Community Development Director of Finance Director of Public Works Director of Human Resources andJeff Tate Jamie Thomas Ingrid Gaub Risk ManagementCandis Martinson2024 MEETING DATES 2024 MEETING DATES 2024 MEETING DATES 2024 MEETING DATESFebruary 24 January 8 January 22 February 12April 22 March 11 March 25 April 8June 24 May 13 May 28 June 10August 26 July 8 July 22 August 12October 28 September 9 September 23 October 14December 23 November 12 November 25 December 9SPECIAL FOCUS AREASPage 14 of 34
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5754 (Boesche)
Date:
December 27, 2023
Department:
Legal
Attachments:
Resolution No. 5754
2nd Amendment to Garbage/Waste Services
Contract
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5754.
Background for Motion:
Nearly 16,000 pounds of trash, debris and other garbage are removed from the streets,
parking lots and trails of Auburn per month under this contract. By ensuring that this work
remains funded we are showing we care for the health, safety, wellbeing and the overall
appearance of our City.
Background Summary:
Utilizing American Rescue Plan Act (“ARPA”) funds authorized through Ordinances 6832 and
6850, the City of Auburn issued a Request for Proposals (“RFP”) for additional garbage and
waste cleanup services to aid in the City’s post COVID-19 economic recovery. The City
evaluated proposals received and determined that the proposal submitted by Totem
Logistics Inc. (d/b/a) Junk King (“Junk King”) best met the City’s proposal requirements and
the needs and goals of the City. The initial contract (“Contract”) was for an amount not to
exceed $350,000. On October 4th, 2023, the parties amended the Contract adding an
additional $95,000 of City budgeted ARPA funds to the compensation limit, increasing the
total not to exceed compensation limit of the Contract to $450,000 (“1st Amendment”). The
ARPA funds for this work are now exhausted and the compensation limit has again been
reached. This “2nd Amendment” will increase the not to exceed limit of the contract, this time
by $225,000 bringing the total contract amount up to $670,000.
Where the original Contract and the 1st Amendment were funded by ARPA funds, this 2nd
Amendment will be funded by the City’s solid waste enterprise fund, no general fund monies
will be used.
Through December 15, 2023, nearly 195,000 pounds of trash and garbage have been
collected under the this Contract. Not approving this 2nd Amendment will result in an
interruption of this service resulting in not only a substantial negative visual appearance
throughout the City, but a health and safety impact as well.
Rev iewed by Council Committees:
Page 15 of 34
Councilmember:Kate Baldwin Staff:Boesche
Meeting Date:January 2, 2024 Item Number:RES.C
Page 16 of 34
-----------------------------
Resolution No. 5754
December 27, 2023
Page 1 of 2
RESOLUTION NO. 5754
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
SIGN A SECOND AMENDMENT TO AN AGREEMENT
BETWEEN THE CITY OF AUBURN AND TOTEM LOGISTICS,
INC. RELATED TO GARBAGE/WASTE CLEANUP SERVICES
WHEREAS, following a City issued request for proposals, the City
entered a December 6, 2022 agreement for $350,000 in garbage and waste
cleanup services with Totem Logistics, Inc. (d/b/a Junk King, “Junk King ”);
WHEREAS, section 17 of the agreement permits the parties to amend it
in writing. After about a year of satisfactory agreement performance by Junk
King, the parties entered a first amendment to the agreement on October 4,
2023, increasing its compensation limit to $445,000; and
WHEREAS, the City has reached the first amendment’s compensation
limit, and the City needs additional ongoing garbage and waste cleanup
services from Junk King. Accordingly, after reviewing the performance history
under the agreement the parties wish to amend it a second time to increase the
agreement’s compensation limit by an additional $225,000 (for a total not to
exceed amount of $670,000). The proposed second amendment to the
agreement is attached to this resolution as Exhibit A ;
WHEREAS, the agreement and the first amendment to it were funded by
City budgeted American Rescue Plan Act (ARPA) funds, that are now
Page 17 of 34
-----------------------------
Resolution No. 5754
December 27, 2023
Page 2 of 2
exhausted. City funding for the proposed second amendment is available
through the City’s solid waste fund;
WHEREAS, enacting this second amendment to the Agreement will
enable Junk King to continue providing its garbage and waste cleanup services
throughout the City, which is in the best interests of the City and the health and
safety of its residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to sign a second amendment
to the garbage/waste cleanup services agreement between the City and Totem
Logistics, Inc., in accordance with Exhibit A to this Resolution.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Page 18 of 34
-----------------------------
Resolution No. 5754
December 27, 2023
Page 3 of 2
Section 3. That this Resolution shall take effect and be in full force upon passage
and signatures.
Dated and Signed this _____ day of _________, 20 24.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Shawn Campbell, MMC, City Clerk Harry Boesche, Acting City Attorney
Page 19 of 34
Page 20 of 34
Page 21 of 34
Page 22 of 34
Page 23 of 34
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5755 (Gaub)
Date:
December 27, 2023
Department:
Public Works
Attachments:
Resolution No. 5755
Example State Funding Agreement
Project Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5755.
Background for Motion:
This Resolution accepts grant funding awarded to the City by Washington State Department
of Transportation (WSDOT) totaling $782,477 to support the implementation the Lea Hill Safe
Routes to School Project that will construct new sidewalks and other improvements on
portions of 124th Avenue SE and SE 304th Street near Hazelwood and Lea Hill Elementary
schools.
Background Summary:
Resolution No. 5755 accepts grant funding awarded to the City by WSDOT totaling $782,477
to support the implementation the Lea Hill Safe Routes to School Project that will construct
new sidewalks and other improvements on portions of 124th Avenue SE and SE 304th Street
near Hazelwood and Lea Hill Elementary schools. Project improvements include nearly 500
feet of new sidewalk, an enhanced pedestrian crossing, and improved sidewalk and street
lighting on SE 304th Street between 116th Avenue SE and 121st Place SE and
approximately 400 feet of new sidewalk and improvement sidewalk and street lighting on
124th Avenue SE between SE 307th Place and SE 310th Street. Project design is currently
underway and construction is planned to begin in late summer 2024.
Rev iewed by Council Committees:
Councilmember:Larry Brown Staff:Gaub
Meeting Date:January 2, 2024 Item Number:RES.D
Page 24 of 34
-----------------------------
Resolution No. 5755
December 26, 2023
Page 1
RESOLUTION NO. 5755
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE AND ADMINISTER AN
AGREEMENT ACCEPTING A GRANT FROM THE
WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION AND FEDERAL HIGHWAY
ADMINISTRATION FOR THE LEA HILL SAFE ROUTES
TO SCHOOL PROJECT
WHEREAS, the City applied for, and has been awarded, a competitive grant to fund
the Lea Hill Safe Routes to School Project (Project) that will design and construct
improvements to the City’s transportation systems;
WHEREAS, the Project is included in the City’s Transportation Improvement
Program (TIP) as Lea Hill Safe Routes to School (N-11);
WHEREAS, the total estimated grant funds awarded for the Project is
approximately $782,477 and the total local match required is approximately $215,000
which are available from City funds as shown in the TIP .
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute administer a grant agreement with
the Washington State Transportation of Transportation for a total of $782,477 or any other
amount authorized by WSDOT for the Project as long as local matching funds are
available.
Section 2. The Mayor is authorized to negotiate, enter, and administer
agreements to spend the grant funds for the Project, and to implement other
administrative procedures necessary to carry out the directives of this legislation.
Page 25 of 34
-----------------------------
Resolution No. 5755
December 26, 2023
Page 2
Section 3. That this Resolution shall take effect and be in full force on passage
and signatures.
Dated and Signed this _____ day of ______________, 2024.
CITY OF AUBURN
___________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
___________________________
Harry Boesche, Acting City Attorney
Page 26 of 34
Washington State
Department of Transportation
Local Agency Agreement
Agency
Address
CFDA No. 20.205 - Highway Planning and Construction
(Catalog of Federal Domestic Assistance)
Project No.
Agreement No.
For WSDOT Use Only
The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code
Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) 2 CFR Part 180 – certifying that the local agency is not
excluded from receiving Federal funds by a Federal suspension or debarment, (5) the policies and procedures promulgated by the
Washington State Department of Transportation, and (6) 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 r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration.
All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name Length
Termini
Description of Work
Project Agreement End Date
Proposed Advertisement Date
Claiming Indirect Cost Rate
Yes No
Type of Work
PE
%
Federal Aid
Participation
Ratio for PE
a. Agency
b. Other
c. Other
d. State Services
e. Total PE Cost Estimate (a+b+c+d)
Estimate of Funding(1)
Estimated Total
Project Funds
(2)
Estimated Agency
Funds
(3)
Estimated Federal
Funds
Right of Way
%
Federal Aid
Participation
Ratio for RW
f. Agency
g. Other
h. Other
i. State Services
j. Total R/W Cost Estimate (f+g+h+i)Construction
%
Federal Aid
Participation
Ratio for CN
k. Contract
l. Other
m. Other
n. Other
o. Agency
p. State Services
q. Total CN Cost Estimate (k+l+m+n+o+p)
r. Total Project Cost Estimate (e+j+q)
Agency Official
By
Title
Agency Date
Washington State Department of Transportation
By
Director, Local Programs
Date Executed
DOT Form 140-039
Revised 04/2022
Page 1 Page 27 of 34
Construction Method of Financing (Check Method Selected)
State Ad and Award
Method A - Advance Payment - Agency Share of total construction cost (based on contract award)
Method B - Withhold from gas tax the Agency’s share of total construction coast (line 5, 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
, , Resolution/Ordinance No.
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 Agency, the State shall be deemed an agent of the Agency and shall perform the
services described and indicated in “Type of Work” on the face of this agreement, in accordance with plans and specifications as
proposed by the Agency and approved by the State and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform
the work subject to the ordinary procedures of the State and Federal Highway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees
that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents
required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the
State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and
awards the project, the State shall review the work to ensure conformity with the approved plans and specifications.
III. Project Administration
Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the
Type of Work above. In addition, the State will 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 salary of such engineer or other supervisor and all other salaries
and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by
employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project.
IV. Availability of Records
All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance
with local government accounting procedures prescribed by the Washington State Auditor’s Office, the U.S. Department of
Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and
Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than
three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or
Federal 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:
1. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show
continuous progress may result the Agency’s project becoming inactive, as described in 23 CFR 630, and subject to de-obligation of
federal aid funds and/or agreement closure.
If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the
close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, 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 IX).
If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year
following the fiscal year in which the right of way phase was authorized, the Agency will repay to the State the sum or sums of federal
DOT Form 140-039
Revised 04/2022
Page 2 Page 28 of 34
funds paid to the Agency under the terms of this agreement (see Section IX).
The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this
project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways,
even though such additional work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated
damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete
the contract within the contract time.
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency
and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part
200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all
costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as
a promise by the State as to the amount or nature of federal participation in this project.
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency
shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the
Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation
unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin
Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit.
The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for
reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to
this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see
Section IX).
1. Project Construction Costs
Project construction financing will be accomplished by one of the three methods as indicated in this agreement.
Method A – The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the
amount of the Agency’s share of the total construction cost based on the contract award. The State will notify the Agency of the exact
amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings
from the contractor. Following such payments, the 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 will be cleared by
either a payment from the Agency to the State or by a refund from the State to the Agency.
Method B – The Agency’s share of the total construction cost as shown on the face of this agreement shall be withheld from its
monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact
amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award.
Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its
participating portion of such billings.
Method C – The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once
per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable
to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be
eligible for Federal participation unless claimed under a previously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this
agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the
Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the
State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant’s records to determine eligible
federal aid costs on the project. The report of said audit shall be in the Agency’s files and made available to the State and the 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 Manual
M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and
FHWA; and 2 CFR Part 200.501 - Audit Requirements.
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 IX).
VIII. Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all
applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards from all sources
during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2
CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted
DOT Form 140-039
Revised 04/2022
Page 3 Page 29 of 34
promptly to the State.
IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State’s billing relative to the project (e.g., State force
work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after
the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to
the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless
otherwise directed by the Director, Local Programs.
Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309).
Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior
to the Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they
become ineligible for federal reimbursement.
X. Traffic Control, Signing, Marking, and Roadway Maintenance
The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project
without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,
signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency
will, at its own expense, maintain the improvement covered by this agreement.
XI. Indemnity
The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense
all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the
Agency’s execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract
connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED,
nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to
persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State.
XII. Nondiscrimination Provision
No liability shall attach to the State or Federal Government except as expressly provided herein.
The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-
assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency
shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of
USDOT-assisted contracts and agreements. The WSDOT’s DBE program, as required by 49 CFR Part 26 and as approved by USDOT,
is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms
shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under
18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S. C. 3801 et seq.).
The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification
thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan,
insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee,
the required contract provisions for Federal-Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines.
The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment
practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local
Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government
which does not participate in work on or under the contract.
The Agency also agrees:
(1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor.
(2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the
State in the discharge of its primary responsibility for securing compliance.
(3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with
a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction
contracts pursuant to the Executive Order.
(4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors
and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the
Executive Order.
In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the
following actions:
(a) Cancel, terminate, or suspend this agreement in whole or in part;
(b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been received from the Agency; and
DOT Form 140-039
Revised 04/2022
Page 4 Page 30 of 34
(c) Refer the case to the Department of Justice for appropriate legal proceedings.
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to
the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within
the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in
accordance with this paragraph.
XIV. Termination for Public Convenience
The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in
part, whenever:
(1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise.
(2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with
respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of
the State with respect to the preservation of energy resources.
(3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining
order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of
persons or agencies other than the contractor.
(4) The Secretary is notified by the Federal Highway Administration that the project is inactive.
(5) The Secretary determines that such termination is in the best interests of the State.
XV. Venue for Claims and/or Causes of Action
For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency
has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the
Superior Court for Thurston County.
XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
The approving authority certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit the Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at
all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which
exceed $100,000, and that all such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
XVII. Assurances
Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration,
Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency
Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with
Section 504 and the Americans with Disabilities Act (ADA).
Additional Provisions
DOT Form 140-039
Revised 04/2022
Page 5 Page 31 of 34
Instructions
1. Agency Name and Billing Address – Enter the Agency of primary interest which will become a party to the agreement.
2. Project Number – Leave blank. This number will be assigned by WSDOT.
3. Agreement Number – Leave blank. This number will be assigned by WSDOT.
4.
a. Project Description – Enter the project name, total length of the project (in miles), and a brief description of the termini. Data
entered here must be consistent with the name, length, and termini noted in the STIP and Project Prospectus
Example: (Name) “Regal Road”, (Length) “1.2 miles”, (Termini) “Smith Road to Main Street”
b. Description of Work – Enter a concise statement of the major items of work to be performed. Statement must be consistent
with the description of work noted in the STIP and Project Prospectus.
Example: “Overlay Regal Road; install curb, gutter, and sidewalk; illumination; and traffic signal at the intersection of Regal
Road and Dakota Avenue.”
c. Project Agreement End Date – Enter the Project Agreement End Date (mm/dd/yy). This date is based on the project’s Period
of Performance (2 CFR 200.309).
For Planning Only projects – WSDOT recommends agencies estimate the end of the project’s period of performance and add
three years to determine the “Project Agreement End Date”.
For PE and RW – WSDOT recommends agencies estimate when the phase will be completed and add three years to
determine the “Project Agreement End Date”. For Construction – WSDOT recommends agencies estimate when construction
will be completed and add three years to determine the “Project Agreement End Date”.
d. Proposed Advertisement Date – At construction authorization only, enter the proposed project advertisement
date (mm/dd/yy).
e. Claiming Indirect Cost Rate – Check the Yes box if the agency will be claiming indirect costs on the project. For those
projects claiming indirect costs, supporting documentation that clearly shows the indirect cost rate being utilized must be
provided with the local agency agreement. Indirect cost rate approval by your cognizant agency or through your agency’s
self-certification and supporting documentation is required to be available for review by FHWA, WSDOT and /or State Auditor.
Check the No box if the agency will not be claiming indirect costs on the project. See section 23.5 for additional guidance.
4. Type of Work and Funding (Round all dollar amounts to the nearest whole dollar)
a. PE – Lines a through d show Preliminary Engineering costs for the project by type of work (e.g., consultant, agency, state
services, etc.).
*Federal aid participation ratio for PE – enter ratio for PE lines with amounts in column 3.
• Line a – Enter the estimated amount of agency work in columns 1 through 3.
• Line b & c – Identify user, consultant, etc., and enter the estimated amounts in columns 1 through 3.
• Line d – State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1
through 3.
• Line e – Total of lines a + b + c + d.
b. Right of Way – If a Right of Way phase is authorized on the project, the appropriate costs are shown in lines f through i.
*Federal aid participation ratio for RW – enter ratio for RW lines with amounts in column 3.
• Line f – Enter the estimated amount of agency work in columns 1 through 3.
• Line g & h – Identify user, consultant, etc., and enter the estimated amounts in columns 1 through 3.
• Line i – State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1
through 3.
• Line j – Total of lines f + g + h + i.
c. Construction – Lines k through p show construction costs for the project by type of work (e.g., contract, consultant, agency,
state services, etc.).
*Federal aid participation ratio for CN – enter ratio for CN lines with amounts in column 3.
DOT Form 140-039
Revised 04/2022
Page 6 Page 32 of 34
• Line k – Enter the estimated cost of the contract.
• Lines l, m, & n – Enter other estimated costs such as utility and construction contracts or non-federally matched
contract costs.
• Line o – Enter estimated costs of all construction related agency work.
• Line p – State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1
through 3.
• Line q – Total Construction Cost Estimate. Total of lines k + l + m + n + o +p.
d. Total Project Cost Estimate
• Line r – Total Cost Estimate of the Project. Total of lines e + j + q.
*Please remember, if the federal aid participation rate entered is not the maximum rate allowed by FHWA, then the
participation rate entered becomes the maximum rate allowed.
6. Signatures – An authorized official of the local agency signs the agreement and enters their title and date of signature (mm/dd/
yy). Note: Do NOT enter a date on the Date Executed line.
7. Method of Construction Financing – Choose the method of financing for the construction portion of the project.
a. Method “A” is used when the state administers the contract for the agency.
b. Method “B” is also used when the state administers the contract for the agency.
c. Method “C” is used with projects administered by the local agency. The agency will submit billings monthly through the
state to FHWA for all eligible costs. The billings must document the payment requests from the contractor. If state-force
work, such as audit and construction engineering, is to receive federal participation, it will be billed to the agency and FHWA
simultaneously at the indicated ratio. To show continuous progress agencies should bill monthly until agreement is closed.
8. Resolutions/Ordinances – When someone other than the County Executive/Chairman, County Commissioners/Mayor is
authorized to sign the agreement, the agency must submit to WSDOT with the agreement a copy of the Resolution/Ordinance
designating that individual.
9. Parties to the Agreement – Submit one originally signed agreement form to the Region Local Programs Engineer. It is
the responsibility of the local agency to submit an additional, originally signed agreement form if they need an executed
agreement for their files. The agreement is first executed by the agency official(s) authorized to enter into the agreement.
It is then transmitted to the state for execution by Local Programs. The agreement is dated at the time of final execution by
Local Programs.
DOT Form 140-039
Revised 04/2022
Page 7 Page 33 of 34
Map Title Printed On: 12/26/2023
Map created by City of Auburn eGIS
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
1:18056015003000
ft
WGS84 Web Mercator (Auxiliary Sphere)
Lea Hill Safe Routes to Schools Project
Project Locations
Hazelwood
Elementary
Rainier
Middle School
Lea Hill
Elementary
Page 34 of 34