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HomeMy WebLinkAboutCAG2003-0529 - Original - WA State Department of Transportation - S 228th St Railroad Grade Separation - 09/17/2003 % cords M eme KENT Document WAsH,NoroN CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, If you have questions, please contact Mary Simmons, City Clerks Office. WSDOT Vendor Name: Vendor Number: JD Edwards Number Contract Number: This is assigned by Mary Simmons South 228th St RR Grade Separation Fund Authorization Description: Project will grade separate the UP and BNSF RR tracks at 2281h ST Via two underground crossings. Detail: South 2281h St RR Grade Separation Project Name: October 14, 2003 Contract Effective Date: Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Don Wickstrom Public Works Engineering Contract Manager: Department: Abstract: City Council authorized the Mayor to sign the Local Agency aareement with Washington State Department of Transportation for the 228th ST. RR Grade Separations on September 16, 2003. The $1 million arant administered through FAST from FHWA will be used to beain preliminary engineering on the project. S Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02 Washington State Local Agency Agreement AMk GDepartment of Transportation Agency City of Kent CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Address 220 4th Ave. S. Project No. Kent, WA. 98032-5895 Agreement No. For 0—SC 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)Office of Management and Budget Circulars A-102,A-87 and A-133,(4)the policies and procedures promulgated by the Washington State Department of Transportation,and(5)the federal aid project agreement entered into between the State and Federal Government,relative to the above project,the Washington State Department of 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 S.228th St. Railroad Grade Separations Length 0.5 mi Termini 700 feet west of the Union Pacific 700 feet east of the Burlington Northern Santa Fe Railroad Tracks Description of Work The project will grade separate the Union Pacific and Burlington Northern Santa Fe railroad tracks at S. 228th Street via two under-crossings. Both railroads will operate on bridge structures over the roadway. Associated improvements include driveway improvements to accommodate the under-crossings as well as curbs, gutters, sidewalks, storm drainage, pump stations,and lighting. Estimate of Funding Type of Work (t) (2) (3) Estimated Total Estimated Agency Estimated Project Funds Funds Federal Funds PE a Agency 295,000.00 295,000 00 b.Other consultant 700,000.00 700,000 00 c. Other Federal Aid Participationd.State 5,000 00 5,000.00 Ratio for PE a Total PE Cost Estimate a+b+c+d 1,000,000.00 1,000,000.00 Right of Way f.Agency .Other h.Other Federal Aid i.State Participation Ratio for RW j.Total R/W Cost Estimate f+ +h+i Construction k.Contract I. Other m.Other n.Other o.Agency Federal Aid State Participabon p. Ratio for CN q Total CN Cost Estimate k+l+m+n+o+ r.Total Project Cost Estimate e+ 1000 000.00 1000 000.00 Agency fficia Washington State Department of Transportation By 6 By Title 0 Mayor Assistant Secretary for Highways and Local Programs Date Executed DOT Form 140-039 EF .� Revised 10102 Construction Method of Financing (Check Method selected) State Ad and Award ❑Method A-Advance Payment-Agency Share of total construction cost(based on contract award) ❑Method B-Withhold from gas tax the Agency's share of total construction cost(line 4,column 2)In the amount of $ at$ 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 I Preliminary engineering The Agency shall provide all the work,labor,materials,and services necessary 2 Right of way acquisition to perform the project which is described and set forth in detail in the"Project 3 Project construction Descnption"and"Type of Work" In the event that right of way acquisition,or actual construction of the road,for When the State acts for and on behalf of the Agency,the State shall be deemed which preliminary engineering is undertaken is not started by the closing of the tenth an agent of the Agency and shall perform the services described and indicated in fiscal year following the fiscal year in which the agreement is executed,the Agency "Type of Work"on the face of this agreement,in accordance with plans and will repay to the State the sum or sums of federal funds paid to the Agency under the specifications as proposed by the Agency and approved by the State and the terms of this agreement(see Section IX) Federal Highway Administration When the State acts for the Agency but is not subject to the right of control by The Agency agrees that all stages of construction necessary to provide the initially the Agency,the State shall have the right to perform the work subject to the planned complete facility within the limits of this project will conform to at least the ordinary procedures of the State and fightFed to Highway a work subjecttration mimmum values set by approved statewide design standards applicable to this class of highways,even though such additional work is financed without federal aid II. Delegation of Authority participation The State is willing to fulfill the responsibilities to the Federal Government by The Agency agrees that on federal aid highway construction projects,the current the administration of this project.The Agency agrees that the State shall have the federal aid regulations which apply to liquidated damages relative to the basis of full authority to carry out this administration The State shall review,process,and federal participation in the project cost shall be applicable in the event the contractor approve documents required for federal aid reimbursement in accordance with fails to complete the contract within the contract time federal requirements If the State advertises and awards the contract,the State VI. Payment and Partial Reimbursement 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 The total cost of the project,including all review and engineering costs and shall review the work to ensure conformity with the approved plans and other expenses of the State,is to be paid by the Agency and by the Federal specifications Government Federal funding shall be in accordance with the Transportation Equity Act for the 21st Century(TEA 21),as amended,and Office of III. Project Administration Management and Budget circulars A-102,A-87 and A-133 The State shall not Certain types of work and services shall be provided by the State on this be ultimately responsible for any of the costs of the project The Agency shall be project as requested by the Agency and described in the Type of Work above In ultimately responsible for all costs associated with the project which are not addition,the State will famish qualified personnel for the supervision and reimbursed by the Federal Government Nothing in this agreement shall be inspection of the work in progress On Local Agency advertised and awarded construed as a promise by the State as to the amount or nature of federal projects,the supervision and inspection shall be limited to ensuring all work is in participation in this project conformance with approved plans,specifications,and federal aid requirements The Agency shall bill the state for federal aid project costs incurred in conformity The salary of such engineer or other supervisor and all other salaries and costs with applicable federal and state laws The agency shall rmrmtmze the time elapsed incurred by State forces upon the project will be considered a cost thereof All between receipt of federal aid funds and subsequent payment of incurred costs costs related to this project incurred by employees of the State m the customary Expenditures by the Local Agency for maintenance,general administration, manner on highway payrolls and vouchers shall be charged as costs of the supervision,and other overhead shall not be eligible for federal participation unless project an indirect cost plan has been approved by W SDOT IV. Availability of Records The State will pay for State incurred costs on the project Following All project records in support of all costs incurred and actual expenditures payment,the State shall bill the Federal Government for reimbursement of kept by the Agency are to be maintained in accordance with local government those costs eligible for federal participation to the extent that such costs are accounting procedures prescribed by the Washington State Auditor's Office, attributable and properly allocable to this project The State shall bill the the U S Department of Transportation,slid the Washington State Department Agency for that portion of State costs which were not reimbursed by the of Transportation The records shall be open to inspection by the State and Federal Government(see Section IX) Federal Government at all reasonable times and shall be retamed and made 1. Project Construction Costs 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 Project construction financing will be accomplished by one of the three shall be furnished to the State and/or Federal Government upon request methods as indicated in this agreement V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification The classifications of work for projects are DOT Form 140-039 EF 2 Revised 10/02 Method A—The Agency will place with the State,within(20)days slier the X. Traffic Control,Signing,Marking,and Roadway execution of the construction contract,an advance in the amount of the Maintenance 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 Agency will not permit any changes to be made in the provisions for parking The State will pay all costs incurred under the contract upon presentation of regulations and traffic control on this project without prior approval of the State and progress billings from the contractor Following such payments,the State will Federal Highway Administration The Agency will not install or permit to be submit a billing to the Federal Government for the federal aid participation installed any signs,signals,or markings not in conformance with the standards share of the cost.When the project is substantially completed and final actual approved by the Federal Highway Administration and MUTCD The Agency will, costs of the project can be determined,the State will present the Agency with a at its own expense,maintain the improvement covered by this agreement. 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 XI. Indemnity by a refund from the State to the Agency 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 Method B— The Agency's share of the total construction cost as shown on law or equity brought against the Agency,State,or Federal Government,ansmg the face of this agreement shall be withheld from its monthly fuel tax from the Agency's execution,performance,or failure to perform any of the allotments The face of this agreement establishes the months in which the provisions of this agreement,or of any other agreement or contract connected with withholding shall take place and the exact amount to be withheld each month this agreement,or ansmg by reason of the participation of the State or Federal The extent of withholding will be confirmed by letter from the State at the time Government in the project,PROVIDED,nothing herein shall require the Agency to of contract award Upon receipt of progress billings from the contractor,the reimburse the State or the Federal Government for damages ansmg out of bodily State will submmt such billings to the Federal Government for payment of its injury to persons or damage to property caused by or resulting from the sole participating portion of such billings negligence of the Federal Government or the State Method C—The Agency may submit vouchers to the State in the format No liability shall attach to the State or Federal Government except as expressly prescribed by the State,in duplicate,not more than once per month for those provided herein costs eligible for Federal participation to the extent that such costs are directly XII. Nondiscrimination Provision attributable and properly allocable to this project Expenditures by the Local The Agency shall not discriminate on the basis of race,color,national origin,or Agency for maintenance,general administration,supervision,and other sex in the award and performance of any USDOT-assisted contract and/or overhead shall not be eligible for Federal participation unless claimed under a agreement or in the administration of its DBE program or the requirements of 49 previously approved indirect cost plan CFR Part 26 The Agency shall take all necessary and reasonable steps under 49 The State shall reimburse the Agency for the Federal share of eligible project CFR Part 26 to ensure nondiscrimination in the award and administration of costs up to the amount shown on the face of this agreement At the time of USDOT-assisted contracts and agreements The WSDOT's DBE program,as audit,the Agency will provide documentation of all costs incurred on the required by 49 CFR Part 26 and as approved by USDOT,is incorporated by project 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 The State shall bill the Agency for all costs incurred by the State relative to Upon notification to the Agency of its failure to carry out its approved program,the the project The State shall also bill the Agency for the federal funds paid by Department may impose sanctions as provided for under Part 26 and may,in the State to the Agency for project costs which are subsequently determined to appropriate cases,refer the matter for enforcement under 18 U S C 1001 and/or the be ineligible for federal participation(see Section IX) Program Fraud Civil Remedies Act of 1986(31 U S C 3801 et seq) VII. Audit of Federal Consultant Contracts The Agency,if services of a consultant are required,shall be responsible for The Agency hereby agrees that it will incorporate or cause to be incorporated into audit of the consultant's records to determine eligible federal aid costs on the any contract for construction work,or modification thereof,as defined in the rules project The report of said audit shall be in the Agency's files and made and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is paid for in available to the State and the Federal Government 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, An audit shall be conducted by the WSDOT Internal Audit Office in or guarantee or understanding pursuant to any federal program involving such grant, accordance with generally accepted governmental auditing standards as contract,loan,insurance,or guarantee,the required contract provisions for issued by the United States General Accounting Office by the Comptroller Federal-Aid Contracts(FHWA 1273),located in Chapter 44 of the Local Agency General of the United States,WSDOT Manual M 27-50,Consultant Guidelines Authorization,Selection,and Agreement Administration,memoranda of The Agency further agrees that it will be bound by the above equal opportunity understanding between WSDOT and FHWA,and Office of Management and Budget Circular A-133 clause with respect to its own employment practices when it participates in federally assisted construction work Provided,that if the applicant so If upon audit it is found that overpayment or participation of federal participating is a State or Local Government,the above equal opportunity clause money in ineligible items of cost has occurred,the Agency shall reimburse is not applicable to any agency,instrumentality,or subdivision of such the State for the amount of such overpayment or excess participation(see government which does not participate in work on or under the contract Section IX) Vill. Single Audit Act The Agency also agrees The Agency,as a subrecipient of federal funds,shall adhere to the federal (1) To assist and cooperate actively with the State in obtaining the compliance of Office of Management and Budget(OMB)Circular A-133 as well as all contractors and subcontractors with the equal opportunity clause and rules, applicable federal and state statutes and regulations A subrecipient who regulations,and relevant orders of the Secretary of Labor expends$300,000 or more in federal awards from all sources during a given (2) To furnish the State such information as it may require for the supervision of fiscal year shall have a single or program-specificionsofOMBC audit performed for that such compliance and that rt will otherwise assist the State in the discharge of its year lu accordance with the provisions of OMB Circular A-133 Upon conclusion of the A-133 audit,the Agency shall be responsible for ensuring primary responsibility for securing compliance that a copy of the report is transmitted promptly to the State (3) To refrain from entering into any contract or contract modification subj ect to IX. Payment Of Billing Executive Order 11246 of September 24,1965,with a contractor debarred from,or y g who has not demonstrated eligibility for,government contracts and federally The Agency agrees that if payment or arrangement for payment of any of assisted construction contracts pursuant to the Executive Order the State's billing relative to the project(e g,State force work,project cancellation,overpayment,cost ineligible for federal participation,etc)is not (4) To carry out such sanctions and penalties for violation of the equal made to the State within 45 days after the Agency has been billed,the State opportunity clause as may be imposed upon contractors and subcontractors by the shall effect reimbursement of the total sum due from the regular monthly fuel State,Federal Highway Administration,or the Secretary of Labor pursuant to Part tax allotments to the Agency from the Motor Vehicle Fund No additional II,subpart D of the Executive Order Federal project funding will be approved until full payment is received unless otherwise directed the Assistant Secretary for Highways and Local Programs DOT Fonn 14D-039 EF 3 Revised 10/02 In addition,the Agency agrees that if it fails or refuses to comply with these XV. Venue for Claims and/or Causes of Action undertakings,the State may take any or all of the following actions For the convenience of the parties to this contract,it is agreed that any claims (a) Cancel,terminate,or suspend this agreement in whole or in part, 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 (b) Refram from extending any further assistance to the Agency under the concerned,shall be brought only in the Superior Court for Thurston County program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency,and XVI. Certification Regarding the Restrictions of the Use (c) Refer the case to the Department of Justice for appropriate legal proceedings of Federal Funds for Lobbying The approving authority certifies,to the best of his or her knowledge and belief, that XIII. Liquidated Damages (1) No federal appropriated funds have been paid or will be paid,by or on behalf The Agency hereby agrees that the liquidated damages provisions of 23 CFR of the undersigned,to any person for influencing or attempting to influence an Part 635,Subpart 127,as supplemented,relative to the amount of Federal officer or employee of any federal agency,a member of Congress,an officer or participation in the project cost,shall be applicable in the event the contractor employee of Congress,or an employee of a member of Congress in connection with fails to complete the contract within the contract time Failure to include the awarding of any federal contract,the making of any federal grant,the making of liquidated damages provision will not relieve the Agency from reduction of any federal loan,the entering into of any cooperative agreement,and the extension, federal participation in accordance with this paragraph continuation,renewal,amendment,or modification of any federal contract,grant, XIV. Termination for Public Convenience loan,or cooperative agreement The Secretary of the Washington State Department of Transportation may (2) If any funds other than federal appropriated funds have been paid or will be tertmnate the contract in whole,or from time to time in part,whenever 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, (1) The requisite federal funding becomes unavailable through failure of or an employee of a member of Congress in connection with this federal contract, appropriation or otherwise grant,loan,or cooperative agreement,the undersigned shall complete and submit (2) The contractor is prevented from proceeding with the work as a direct the Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance result of an Executive Order of the President with respect to the prosecution of with its instructions war or in the interest of national defense,or an Executive Order of the (3) The undersigned shall require that the language of this certification be President or Governor of the State with respect to the preservation of energy included in the award documents for all subawards at all tiers(including subgrants, resources and contracts and subcontracts under grants,subgrants,loans,and cooperative (3) The contractor is prevented fromproceedmg with the work by reason of agreements)which exceed$100,000,and that all such subrecipients shall certify and disclose accordingly 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 This certification is a material representation of fact upon which reliance was omissions of persons or agencies other than the contractor 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 (4) The Secretary determines that such termination is in the best interests of certification shall be subject to a civil penalty of not less than$10,000 and not more the State than$100,000 for each such failure Additional Provisions DOT Form 140-039 EF 4 Revised 10102 rt - -^ -- - - - - - - � i in N 1 f W C L c n 00 N -- N 17,NM4 (TYP.) N Q f7 m DD p f) N_ N_ w Sn Q LU F Z y O m m F Q 3 ENGINEERING DEPARTMENT SHEET CITY OF KENT cn TYPICAL BRIDGE N KENT DRAWN Rw SCALE NONE SECTIONor g w•••�••.e• APPROVED DATE 7-17-03 to N i fq ;UTTCLIE, 0 BELLEVUE 0 1 2NT SCALE IN MILES -- SlamesST( rO SCALE S_196TH. i� SpDil{ — - —SEATAC F�--� " I_! _-� 4� —t -- B _SE 20M ST � 7J f 1 r �1?II'I�j —6r-�5 2127N ST I , � 4 /i-J' — ' �2 ��!_� :r c 1 _! �1 •� • �. ` :UNINCORPORATED: I;iiGRADE ", '-�Jai .na.a �! r ICING COUNTY.,I 'SEPARATIONS _ ST. , 171 MOINES ' _'_ --a (KENT --_ --� ii _ R- - '" ;1--;•1.—.—_ 1: -- -- :�_ SE 240TH ST ST us �� i..�� i Q �. .� fV I ci 3 1 i ,k i r'. _ -- ' ,�• co cri It in ` - kt --! •- `•! S 2MH ST FEDERAL { AUBURN , m WAY; co ENGINEERING DEPARTMENT SHEET CITY OF KENT N KENT DRAWN Rw SCALE SHOWN VICINTY MAP o 7-17-03 Q w..x...,e• APPROVED DATE V1 N Washington State Local Agency enc Federal Aid � fI/ Department of Transportation Project Prospectus Prefix Route Federal Aid Date 7/30/2003 Project Number Local Agency 02 WSDOT Federal Employer -3013 Project Number Use Only Tax ID Number 91-6001254 Agency Federal Program Title City of Kent ® 20.205 ❑ 20 209 ❑ Other Project Title Start Latitude N47,231,51" Start Longitude W 122,14',34" S 228th St.Railroad Grade Separations End Latitude N47,23',51" End Longitude W122,13',58" Project Termini From To 700 feet west of the Union Pacific Railroad Tracks 700 feet east of the Burlington Northern Santa Fe Railroad From To Length of Project Award Type 0.5 im I ® Local ❑ Local Forces ❑ State ® Railroad Federal Agency City Number County Number I County Name WSDOT Region ® FHWA ❑ Others 0615 17 1 King I NW Congressional District Legislative Districts Urban Area Number TMA/MPO/RTPO 8,9 5,31,33,47 1 MPO/PSRC t LooslAwney Phisse Start Phase Esttr6atediCost; OundlIV Federal Funds {fatal Nearest Hundred 3Doliar Nearest KundradDollar east Hundred Dollw Month Year P E. $1,000,000 $1,000,000 Sept. 2003 R/W FT onstotal $1,000,000 $1,000,000 i s ri i�rr>> 0 0 �f ttili ow tLmg Design and Present nd_JtIgn) Roadway Width Number of Lanes 46 feet 1 4 Currently,S.228th St.is 4-lanes wide, approximately 46 feet in width with separate left turn pockets at the intersections.The Union Pacific and Burlington Northern Santa Fe railroad tracks cross the road at grade. The UP has one mainline track crossing the road and the BNSF has two mainline tracks and one spur track crossing the road.Sidewalks exist in some locations predominantly on the south side of the road.No bike lanes exist in the vicinity.Driveways to businesses connect to the roadway in several locations. Description cf` r+ os Dark Roadway Width Number of Lanes ®New Construction ❑3-R ❑2-R 48 feet 4 The project will grade separate the Burlington Northern Santa Fe and Union Pacific railroad tracks at S 228th Street via under-crossings.The railroads will operate on bridge structures constructed at the existing track grade.Associated Improvements include driveway improvements to accommodate the under-crossings as well as curbs,gutters,sidewalks,storm drainage,pump stations,and lighting. Local Agency Contact Person Title Phone Mark Madfai Senior Project Engineer 253-856-5521 Mailing Address City State Zip Code 220 4th Ave. S. Kent WA 98032-5895 By Design Approval �J haa11 Approving Professional Engineer 1 I Title 1 4A u Wolc h�(�QGroW, J Date DOT Form 140-101 EF Page 1 of 3 ■Supersedes Previous Editions■ Revised 1212002 Agency Project Title Date City of Kent S.228th St.Railroad Grade Separations 7/30/2003 deometric;ttesign Description Through Route Crossroad ❑Principal Arterial ❑Principal Arterial Federal ®Urban ®Minor Arterial El Urban ❑Minor Arterial ❑Collector ❑Collector Functional ❑Major Collector ❑Major Collector Classification ❑Rural ❑Minor Collector [] Rural ❑Minor Collector ❑Access Street/Road ❑Access Street/Road Terrain N Flat ❑ Roil ❑Mountain [] Flat ❑Roll []Mountain Posted Speed 35 MPH Design Speed 40MPH Existing ADT 9000 Design Year ADT 14000 Design Year 2020 Design Hourly Volume(DHV) 1500 /4ciden#- 3 Year Fx erience Property InjuryAccidents Fatal Accidents Year Damage Number of Number of Number of Number of Total Number of Accidents Accidents Accidents Injuries Accidents Fatalities 1999 1 1 2000 1 1 1 2 2001 1 1 PWf9rrpanc;of'W,oF* Preliminary Engineering Will Be Performed By Others Agency Agency and consultants 70 % 30 % Construction Will Be Performed By Contract Agency 100 % % � I`t�ttlll€iefi#$1�lf��sti�r� ❑Final ®Preliminary Cl Class I-Environmental Impact Statement(EIS) ® Class II-Categorically Excluded(CE) ❑ Project Involves NEPA/SEPA Section 404 to Projects Requiring Documentation Interagency Agreement (Documented CE) ❑ Class III-Environmental Assessment(EA) ❑ Project Involves NEPA/SEPA Section 404 Interagency Agreement Environmental Considerations The undercrossing at the BNSF tracks are adjacent to a portion of Mill Creek. The project will require this to be protected during construction.A box culvert at a driveway may need to be replaced.Wetlands exist in the roadway ditches north and south of the roadway.No filling of wetlands is anticipated to occur as a result of this project.Noise and air quality will be addressed in the BA and may be affected due to an increase in traffic, although the reduction in traffic delays at the tracks and the associated tram noise may decrease the noise and air impacts. DOT form 140-101 EF Page 2 of 3 Revised 1212002 Agency Project Title Date City of Kent S.228th St.Railroad Grade Separations 7/30/2003 Right of Way ®No Right of Way Required ❑Right of Way Required *All construction required by the contract can be accomplished ElNo Relocation El Relocation Required within the existing nght of way. Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project At the BNSF and UP crossings there are various underground utilities that will need to be relocated including fiber optic lines for Qwest, Sprint,MCI, 360 Networks, Level 3, and Multimedia as well as the railroads' own communication fiber.The Olympic Pipeline alongside the UP tracks will also need to be relocated. FAA Involvement Is any airport located within 3.2 kilometers (2 miles)of the proposed project? ❑ Yes ® No Remarks This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and is not Inconsistent with the agency's comprehensive plan for community develo ment. Agency City of Kent Date By Mayor/Chairperson DOT Forth 140-101 EF Page 3 of 3 Revised 1212002