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RESOLUTION NO. 3988
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A PUBLIC WORKS TRUST FUND PRE-
CONSTRUCTION LOAN AGREEMENT BETWEEN THE CITY
OF AUBURN (THE CITY) AND THE PUBLIC WORKS
BOARD (THE BOARD) FOR PROJECT NO. C307 A,
CITYWIDE INTELLIGENT TRANSPORTATION SYSTEM
(ITS), PHASE 1 B
WHEREAS, the City desires to construct Intelligent Transportation System
Improvements along South 27ih Street and Auburn Way North; and
WHEREAS, the City desires to construct a Traffic Management Center; and
WHEREAS, the City applied for and was granted a Public Works Trust Fund Pre-
Construction Loan in the amount of $189,750 at an interest rate of one-half percent
(%%) per annum on the outstanding principal balance for a 5-year term, with a
participation match of fifteen percent (15%); and
WHEREAS, the City and the King County executed an Interlocal Agreement
pursuant to Auburn Resolution No. 3638, adopted by Auburn City Council on
September 2, 2003, in which King County agreed to contribute $500,000 to share a
portion of the cost of developing and implementing the Citywide Intelligent
Transportation System Improvements; and
WHEREAS, the scope of work for this Public Works Trust Fund Pre-Construction
Loan is identified in ATTACHMENT 1: SCOPE OF WORK of the Public Works Trust
Fund Pre-Construction Loan Agreement, PW-05-691-PRE-143; and
Resolution No. 3988
March 6, 2006
Page 1
WHEREAS; King County's financial participation will be used as the City's match
for the Public Works Trust Fund Pre-Construction Loan; and
WHEREAS, it is in the best interest of the City to use Public Works Trust Fund
Loan monies to finance capital improvements to the public transportation system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to execute Public Works Trust
Fund Pre-Construction Loan Agreement Number PW-05-691-PRE-143 between the
City and the Public Works Board, in substantial conformity with the agreement attached
hereto, marked as Exhibit "1" and incorporated herein by this reference. The Public
Works Trust Fund Pre-Construction Loan is in the amount of $189,750 at an interest
rate of one-half percent (%%) per annum on the outstanding principal balance, for the
construction of Project No. C307 A, Citywide Intelligent Transportation System, Phase
1 B. The term of the loan shall not exceed five (5) years, with the final payment due July
1,2010. Loan payments shall be made from the City's 102 Arterial Street Fund. Local
matching funds shall be paid by King County, per the Interlocal Agreement with the City.
Section 2. That the Mayor is authorized to implement such other administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Resolution No. 3988
March 6, 2006
Page 2
Dated and Signed this (~ day 'orf)\QvcL" 2006.
CITY OF AUBURN
ATTEST:
APPROVED AS TO FORM:
Resolution No. 3988
March 6, 2006
Page 3
PUBLIC WORKS TRUST FUND
PRE-CONSTRUCTION LOAN AGREEMENT
NUMBER PW-05-691-PRE-143
CITY OF AUBURN
PART I: ENTIRE AGREEMENT
This agreement, and incorporated attachments, contains all terms and conditions agreed to by the PUBLIC
WORKS BOARD and the LOCAL GOVERNMENT and no other statements or representations written or
oral, shall be deemed a part thereof. This contract consists of ten pages and two attachments. An attachment
to this agreement, ATIACHMENT I: SCOPE OF WORK, consists of a description of local project
activities, certification of the project's useful life, and identification of estimated project costs and fund
sources and is, by this reference, incorporated into this agreement as though set forth fully herein. In
addition, ATIACHMENT II: ATIORNEY'S CERTIFICATION, is by this reference incorporated into this
agreement.
The PUBLIC WORKS BOARD and the LOCAL GOVERNMENT have executed this agreement as of the
date and year last written below.
PUBLIC WORKS BOARD
~
Kelly Snyder, Assistant Director
Ve.A-ev g. LeuJ~s
Print Name
Date
m .~g,(Jy
Title
MAR - 6 2006
APPROVED AS TO FORM ONLY
This 17th Day of March, 2003
Christine O. Gregoire
Attorney General
Date
By: Signature on File
Jeanne A. Cushman
Assistant Attorney General
ell - C:,cn \ 7_7<K
Federal Taxpayer Identification Nnmber ~
Page 1
2005 PWTF Pre.Construction Loan Agreement
1 ~
PART ll: INTRODUCTION
This loan agreement is made and entered into by and between the PUBLIC WORKS BOARD, or its
successor, (referred to as the "BOARD"), a department of the state of Washington, and CITY OF AUBURN
(referred to as the "LOCAL GOVERNMENT").
Acting under the authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL
GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project.
PART ill: PURPOSE
The BOARD and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public
works project that furthers the goals and objectives of the Washington State Public Works Trust Fund
Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities
described in ATIACHMENT I: SCOPE OF WORK. The project must be undertaken in accordance with
PART IV: TERMS AND CONDmONS, and all applicable state and local laws and ordinances, which by
this reference are incorporated into this agreement as though set forth fully herein.
PART IV: TERMSANDCONDmONS
The parties to this agreement agree as follows:
4.01 Rate and Term of Loan
The BOARD, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL
GOVERNMENT a sum not to exceed $189,750.00. The interest rate shall be one-half percent (1/2%) per
annum on the outstanding principal balance. The term of the loan shall not exceed 5 years, with the final
payment due July 1, 2010.
4.02 Local Proiect Share
The LOCAL GOVERNMENT pledges an amount of locally-generated revenue not less than fifteen percent
(15%) of the total eligible portion of the project cost not funded by federal or state grants as identified in
ATTACHMENT I: SCOPE OF WORK, to be verified at the time of project close-out. Any change in the
percentage oflocally-generated funds may require an adjustment in the loan amount or interest rate charged,
or both. In such event, the LOCAL GOVERNMENT agrees to execute an amendment to this agreement
adjusting the loan amount or interest rate, as appropriate.
Local project share must consist of expenditures eligible under WAC 399-30-030(3) and be related only to
project activities described in ATTACHMENT I: SCOPE OF WORK. These expenditures may be made up
to twelve (12) months prior to the execution of the loan agreement and verified at the time of project
close-out.
PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE 1HE LOCAL
GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF 1HIS LOAN
AGREEMENT.
Page 2
2005 PWTF Pre-Construction Loan Agreement
4.03 Disbursement of Loan Proceeds
The availability of funds in the Public Works Assistance Account is a function of tax collection and loan
repayment. If funds are not available at the time the invoice is submitted, or when the agreement is
executed, the issuance of warrants will be delayed. Therefore, subject to the availability of funds, warrants
shall be issued to the LOCAL GOVERNMENT for payment of allowable expenses incurred by the LOCAL
GOVERNMENT while undertaking and administering approved project activities in accordance with
ATTACHMENT I: SCOPE OF WORK. In no event shall the total Public Works Trust Fund loan exceed
eighty five percent (85%) of the eligible actual project costs. The disbursement of loan proceeds shall be
initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form. The loan funds
will be disbursed to the LOCAL GOVERNMENT as follows:
Within thirty (30) days of the formal execution of this agreement, a sum not to exceed seventy-five percent
(75%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT.
At the time of project completion, a Close-out Report, (refer to Section 4.18 for Close-out Report), shall be
submitted to the BOARD by the LOCAL GOVERNMENT certifYing total actual project costs.
The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess of eighty five
percent (85%) of the eligible project costs or the total of $l89,750.00 whichever is less, nor shall this
disbursement occur prior to the completion of all project activities. The Close-out Report shall serve as a
contract AMENDMENT for determining the final loan amount, interest rate, and local share.
In the event that the final costs identified in the Close-out Report indicate that the LOCAL GOVERNMENT
has received Public Works Trust Fund monies in excess of eighty five percent (85%) of eligible costs, all
funds in excess of eighty five percent (85%) shall be repaid to the Public Works Assistance Account by
payment to the Department of Community, Trade and Economic Development, or its successor, within
thirty (30) days of submission of the Close-out Report.
Page 3
2005 PWTF Pre.Construction Loan Agreement
4.04 Interest Earned on Public Works Trust Fund Monies
All interest earned on Public Works Trust Fund Monies held by the LOCAL GOVERNMENT shall accrue
to the benefit of the LOCAL GOVERNMENT and be applied to the eligible costs of the approved project.
Benefits shall accrue in one of two ways:
I. Reduce the amount of the Public Works Trust Fund loan.
2. pay any part of eligible project costs that are in excess of ATIACHMENT I: SCOPE OF WORK
estimates, if there is an overrun of project costs.
The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the Public
Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan
agreement. Such procedures shall consist of the establishment of a separate fund, account, sub-account or
any other method meeting generally accepted accounting principles.
4.05 Time of Performance
The LOCAL GOVERNMENT shall begin the activities identified within ATTACHMENT I: SCOPE OF
WORK no later than three months after loan agreement execution, and reach project completion no later
than eighteen (18) months after the date of agreement execution.
Failure to perform within the time frame described in the preceding paragraph may constitute default of this
agreement. In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in
writing, that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds
vote, extend the deadline.
The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion,
unless terminated sooner as provided herein.
4.06 Repayment
The first loan repayment under this agreement is due July l, 2006, and subsequent installments are due on
July I of each year during the term of the loan. The first repayment under this agreement shall consist of
interest only at the rate of one-half percent (1/2%) per annum, calculated on a 360-day year of twelve
30-day months, applied to funds received. Interest will begin to accrue from the date each warrant is issued
to the LOCAL GOVERNMENT. Subsequent repayments shall consist of the principal balance due divided
by the loan term remaining plus interest on the unpaid balance of the loan. The final payment shall be an
amount sufficient to bring the loan balance to zero.
The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time, and
the right to repay at a faster rate than is provided in this agreement, provided that any such payment must
equal or exceed the principal amount normally due on an annual basis.
Page 4
2005 PWTF Pre-Construction Loan Agreement
The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through the
use of a check, money order, or equivalent means made payable to the Department of Community, Trade
and Economic Development, or its successor, and sent to:
Department of Community, Trade and Economic Development
Administrative Services DivisionlFiscal Unit
906 Columbia Street S.W.
P.O. Box 48300
Olympia, Washington 98504-8300
4.07 Reoavrnent Account
The LOCAL GOVERNMENT shall repay the loan according to the option designated in Section 4.09 Loan
Security. The name of the fund, account, or sub-account shall be '02, At"'1C2..t"\o..\ ~1:.rQ,Q."\ ~~a..
4.08 Default in Repayment
Loan repayments shall be made on the loan in accordance with Section 4.06 of this agreement. A payment
not received within thirty (30) days of the due date shall be declared de~inquent. Delinquent payments shall
be assessed a daily penalty beginning on the thirty-first (31) day past the due date. The penalty will be
assessed on the entire payment amount. The penalty will be twelve percent (12%) per annum calculated on
a 360-day year for the delinquent amount.
The same penalty terms shall apply to delinquent repayment of funds paid in excess of eligible costs as
provided for in Section 4.03.
The LOCAL GOVERNMENT acknowledges and agrees to the BOARD'S right, upon delinquency in
the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the
LOCAL GOVERNMENT of such delinquency including, without limitation, the state government and
the United States of America or its agencies, credit rating agencies, and the municipal finance market.
The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by the BOARD in
any action undertaken to enforce its rights under this section.
Page 5
2005 PWTF Pre-Construction Loan Agreement
4.09 Loan Security
The LOCAL GOVERNMENT must select one of the following options for securing repayment of the
loan. p~ initi~ the appropriate option.
1. ~neral Obligation: This loan is a general obligation ofthe LOCAL GOVERNMENT.
OR
2. Revenue Obligation: This option may be used only if the entire project is a domestic
water, sanitary sewer, storm sewer or solid waste utility project. LOCAL GOVERNMENTS performing
a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm
sewer utility may not use this option. Projects providing for a mixture of bridge, road" domestic water,
sanitary sewer, and storm sewer activities may not use this option.
This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of
the utility system indicated below. Payments shall be made from the net revenue of the utility after the
payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the
utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus
expenses of maintenance and operations. The BOARD grants the LOCAL GOVERNMENT the right to
issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and
charge of this loan agreement.
Please choose and initial one of the following utility systems:
Water
Sanitary Sewer (Wastewater)
Stormwater
Water/Sanitary Sewer
Stormwater/Sanitary Sewer
Solid Waste
OR
3. _ Local Improvement District: Pursuant to RCW 35.51.050, the LOCAL
GOVERNMENT pledges to repay this loan from assessments collected from a Local Improvement
District, Local Utility District or other similar special assessment district in which the improvements
financed by this loan are located. The name of the special assessment district is
Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan
repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under
this agreement.
Page 6
2005 PWTF Pre-Construction Loan Agreement
4.10 Recordkeeoing and Access to Records
The BOARD, the BOARD's agents, and duly authorized officials of the State shall have full access and the
right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the
LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL GOVERNMENT
may contract, involving transactions related to this project and this agreement.
TheLOCAL GOVERNMENT agrees to retain all records pertaining to this project and this agreement for a
period of six years from the date of project close-out. If any litigation, claim or audit is started before the
expiration of the six year period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved.
4.11 Reoorts
The LOCAL GOVERNMENT, at such times and on such forms as the BOARD may require, shall furnish
the BOARD with such periodic reports as it may request pertaining to the activities undertaken pursuant to
this agreement including, but not limited to, quarterly progress reports, the Close-Out Report, and any other
matters covered by this agreement. Failure to file periodic reports as requested may result in termination of
this agreement as per Section 4.14.
4.12 Indemnification
The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the BOARD, and
the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or
all injuries to persons or tangible property, arising from the acts or omissions of the LOCAL
GOVERNMENT or any of its contractors or subcontractors, or any employees or agents in the performance
of this agreement, however caused. In the case of negligence of both the BOARD and the LOCAL
GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence
attributable to each party.
4.13 Amendments, Modifications, and Waivers
Except for an increase in the amount of the loan governed by this agreement, the LOCAL GOVERNMENT
may request an amendment to this agreement for the purpose of modifying the SCOPE OF WORK or for
extending the time of performance as provided for in Section 4.05. No modification or amendment resulting
in an extension of time shall take effect until a request in writing has been received and approved by the
BOARD in accordance with Section 4.05. No amendment or modification shall take effect until approved
in writing by both the BOARD and the LOCAL GOVERNMENT and attached hereto. No conditions or
provisions of this agreement may be waived unless approved by the BOARD in writing.
4.l4 Termination for Cause
If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the loan
proceeds only for those activities identified in ATIACHMENT I: SCOPE OF WORK, the BOARD may
terminate the agreement in whole or in part at any time. The BOARD shall promptly notify the LOCAL
GOVERNMENT in writing of its determination to terminate, the reason for such termination, and the
effective date of the termination. Nothing in this section shall affect LOCAL GOVERNMENT obligations
to repay the unpaid balance of the loan.
Page 7
2005 PWTF Pre-Construction Loan Agreement
4.15 Termination For Convenience
The BOARD may terminate this agreement in the event that federal or state funds are no longer available
to the BOARD; or are not allocated for the purpose of meeting the BOARD'S obligations under this
agreement. Terrirination will be effective when the BOARD sends written notice of termination to the
LOCAL GOVERNMENT. Nothing in this section shall affect LOCAL GOVERNMENT obligations to
repay the unpaid balance of the loan.
4.16 Governing Law and Venue
This agreement shall be construed and enforced in accordance with, and the validity and performance hereof
shall be governed by, the laws ofthe state of Washington. Venue of any suit between the parties arising out
of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is
entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW).
4.17 Severability
If any provision under this agreement or its application to any person or circumstances is held invalid by any
court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be
given effect without the invalid provision.
4.l8 Proiect Completion
The BOARD will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when the
activities identified in ATTACHMENT I: SCOPE OF WORK are completed. In the report, the LOCAL
GOVERNMENT will provide the following information to the BOARD:
I. A copy of the Close-out Report.
2. A copy of a resolution accepting the project design as being complete.
3. Certification that all costs associated with the project have been incurred. Costs are incurred when
goods and services are received and/or contract work is performed.
Page 8
2005 PWTF Pre-Construction Loan Agreement
4.19 Proiect Close-Out
In accordance with Section 4;03 of this agreement, the LOCAL GOVERNMENT will submit, together with
the Close-out Report, a request for a sum not to exceed the final twenty-five percent (25%) of the loan
amount.
4.20 Audit
Audits of the LOCAL GOVERNMENT'S project activities may be conducted by the Municipal Division of
the State Auditor's Office in accordance with state law and any guidelines the Department of Community,
Trade and Economic Development, or its successor, may prescribe. Payment for the audit shall be made by
the LOCAL GOVERNMENT.
4.2l Proiect Signs
If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers
identifying those agencies participating financially in the approved project, the sign or marker must identify
the Washington State Public Works Trust Fund as a participant in the project.
4.22 Nondiscrimination Provision
During the performance of this contract, the LOCAL GOVERNMENT shall comply with all federal and
state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's Law Against
Discrimination, and 42 U.S.C. l2l0l et seq, the Americans with Disabilities Act (ADA).
In the event of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with any applicable
nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in
whole or in part, and the LOCAL GOVERNMENT may be declared ineligible for further contracts with the
BOARD. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this
noncompliance.
PART V: SPECIAL ASSURANCES
The LOCAL GOVERNMENT assures compliance with all applicable state and local laws, requirements,
and ordinances as they pertain to the design, implementation, and administration of the approved project.
Of particular importance are the following:
5.01 RCW 43.155.060
The LOCAL GOVERNMENT shall comply with the provisions ofRCW 43.155.060 regarding competitive
bidding requirements for projects assisted in whole or in part with money from the Public Works Trust Fund
program.
5.02 WAC 399-30-030(3)
The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3) which identifies eligible costs
for proj ects assisted with Public Works Trust Fund loans.
Page 9
2005 PWTF Pre-Construction Loan Agreement
5.03 Historical and Cultural Artifacts
The LOCAL GOVERNMENT agrees that if historical or cultural artifacts are discovered during
construction, the LOCAL GOVERNMENT shall immediately stop construction and notify the local
historical preservation officer and the state's historical preservation officer at the Washington State Office of
Archeology and Historic Preservation.
The LOCAL GOVERNMENT shall require this provision to be contained in all contracts for work or
services related to ATTACHMENT I: SCOPE OF WORK.
5.04 Assignment
Neither this agreement nor any claims arising under this agreement, shall be transferred or assigned by the
LOCAL GOVERNMENT without prior written consent ofthe BOARD.
Page lO
2005 PWTF Pre-Construction Loan Agreement
PUBLIC WORKS TRUST FUND
Pre-Construction Program
ATTACHMENT 1: SCOPE OF WORK
PW-05-691-PIUE-143
CITY OF AUBURN
Intellie:ent Transportation System Improvements - Phase 1B
1. Provide a clear description of the project to be financed in part by a Public Warks
Trust Fund loan. (Attach additional sheets if necessary):
Engineering, environmental review, permitting, and preparation of bid documents for
Phase 1B of the Intelligent Transportation System hnprovements project. This
project will allow signals on Auburn's arterial street network to be remotely
controlled from a Traffic Management Center.
2. The term of this loan will be five years.
T:\Contracting\Pre-Con\PC Scope 05 PRE 143.dot
Scope of Work
Page Two
PW-05-691-PRE-143
Estimated Proiect Costs:
Engineering
Environmental Review
LandJR-O- W Acquisition
Permits
Contingency ( %)
Bid Documents
Public Involvement/Information
TOTAL ESTIMATED COSTS
Total
$ 200,000
$ 20,000
$
$ 5,000
$ 34,500
$ 120,000
$
$ 379,500
Anticipated Fund Sources:
A Total Grant Funding
$ 151,800
B. Local Revenue $ 37,950
Capital Reserves $
Other Fund $
Rates $
Assessments $
(LID, RID, ULID) $
Special Levies $
Federal Loan(s) from: (identify all)
$
$
State Loan(s) from: (identify all)
$
$
Other: identify sources)
$
$
TOTAL LOCAL REVENUE $ 37,950
C. PUBLIC WORKS TRUST FUND LOAN $ 189,750
T:\Contracting\Pre-Con\PC Scope 05 PRE 143.dot
Scope of Work
Page 3
PW-05-691-PRE-143
Calculating Local Percentage: (Note: Please exclude any expansion/growth costs and
funding before calculating the local percentage.)
Calculate as follows:
Total Local Revenue
PWTF Loan + Total Local Revenue =
Local Loan Percentage
$37.950
$227,700 = 17 %
The local contribution must be at least:
Five percent (5%)
Ten percent (10%)
Fifteen percent (15%)
for a loan interest rate of
for a loan interest rate of
for a loan interest rate of
2%
1%
0.5%
T:\Contracting\Pre-Con\PC Scope 05 PRE 143.dot
PUBLIC WORKS TRUST FUND
1\ A~ACHMENT II: ATTOR,NEY'S CERTIFICATION
I. ( J'4"i1 I t/ ~. ~LJ . hereby certify:
I am an attorney at law admi eC\: t practice in the
appointed attorney of the
(the LOCAL GOVERNMENT); and
I have also examined any and all documents and record which are pertinent to the loan
agreement, including the application requesting this financial assistance.
Based on the foregoing, it is my opinion that:
1. The LOCAL GOVERNMENT is a public body, properly constituted and operating
under the laws of the State of Washington, empowered to receive and expend
federal, state and local funds, to contract with the State of Washington, and to
receive and expend the funds involved to accomplish the objectives set forth in their
application.
2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund
financial assistance and to provide for repayment of the loan as set forth in the loan
agreement.
3. There is currently no litigation in existence seeking to enjoin the commencement or
completion of the above-described public facilities project or to enjoin the LOCAL
GOVERNMENT from repaying the Public Works Trust Fund loan extended by the
DEPARTMENT with respect to such project. The LOCAL GOVERNMENT is not a
party to litigation which will materially affect its ability to repay such loan on the terms
contained in the loan agreement.
4. Assumption of this obligation would not exceed statutory and administrative rule debt
limit . s ap . ble to the LOCAL GOVERNMENT.
'lj/7j06
Date
DaY/It) ~~ LI/1~~A
Name ~
~vVuf rtbtndhtrr, ~/tJui+
Address
T:\Contracting\CONTRACT\Attcert.doc
Washington State
Public Works Board
Public Works Trust Fund
Loan Application Packet
2006-2007
Mail/Ship/Hand Deliver to:
Public Works Board
Evergreen Plaza Building
711 Capitol Way - Suite 102
Post Office Box 48319
Olympia, Washington 98504-8319
(360) 586-4120
For more information, please visit the Board's website at www.pwb.wa.qov.
For information about other financing programs, please visit the Infrastructure Assistance Coordinating
Council's (IACC) website at www.infrafundinq.wa.qov (developed and maintained by the Transportation
Improvement Board).
Helpful Hints. .... ... ............ .... ........ ... ...... .... ........... ........ 5
Instructions..................................................................... 6
Threshold Requirements ..................................... ................ ... ..... 8
Section1: Applicant Information.......... ........................................ 10
Section 2: System Information............. ....................................... 10
Section 3: Project Information .................................................... 11
Section 4: Project Need/Solution................................................ 16
Section 5: Local Management Performance............................... 20
Attachments
Applicant Certification..................................... ............ ................. 25
Preparer Certification............................................................... ... 26
Application Checklist ............. .............................................. ........ 27
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This is a highly
Competitive Application Process
. Use the most current application - it has changed from
last year. Do not simply resubmit a previous
application.
. All questions are important, and must be answered
. All answers must stand alone
. Read application and instructions completely
· Project Need/Solution Section requires a project specific response
· Local Management Performance Section requires a system specific
response
· Make sure that all dates clearly state the START MonthlYear
. Fill out all questions completely
. No points will be awarded for unanswered questions
. Do not submit plans or similar documents but clearly
reference them
. Form an application team
· Public Works staff
· Budget staff
· Does it make sense
· Have someone "outside" . not familiar with the application review it.
Sometimes we're too close to pick up on obvious things.
. Review application prior to submittal (are all pages
included in all copies, have you attached all
resolutions, maps, etc.?)
. Complete Application Checklist
INDIVIDUAL PROGRAM APPLICATION INSTRUCTIONS
Please review before proceeding
Section 1: Applicant Information
Section 2: System Information
Section 3: Project Information -: including project site map
Section 4: Project Need/Solution
Part A
Part B
Section 5: Local Management Performance
Part A
Part B
Applicant Certification
Certification by Preparer of Application
Attach Pro'ect Ma and an relevant resolutions or ordinances
Section 1: Applicant Information
Section 2: System Information
Section 3: Project Information- including project site map
Section 4: Project Need/Solution
Part A
Part B
Section 5: Local Management Performance
Part A
Part B
Applicant Certification
Certification by Pre parer of Application
Attach Pro"ect Ma and an relevant resolutions or ordinances
Section 1: Applicant Information
Section 2: System Information
Section 3: Project Information - including project site map
Section 4: Project Need/Solution
Part A
Part B REQUIRED BUT NOT SCORED FOR EMERGENCY PROJECTS
Section 5: Local Management Performance REQUIRED BUT NOT SCORED FOR EMERGENCY PROJECTS
Part A
Part B
Applicant Certification
Certification by Preparer of Application
Attach copy of Adopted Emergency Resolution
Attach Pro'ect Ma
Section 1: Applicant Information
Section 2: System Information
Section 3: Project Information - EXCLUDING Performance Measure
Section 4: Project Need/Solution
Part A
Part B - REQUIRED BUT NOT SCORED FOR PLANNING PROJECTS
Applicant Certification
Certification by Preparer of Application
Threshold Requirements
Please Review Before Proceeding
In order to qualify for financing through the Public Works Trust Fund, Board staff will verify that the
applicant meets the following conditions:
A. Real Estate Excise Tax
For counties, cities, and towns, the applicant must be imposing the one-quarter of one-percent
Real Estate Excise Tax (REET) as allowed by RCW 82.46.010(2) at the time of application.
B. Growth
Act Conformance:
For counties, cities, and towns planning under the Growth Management Act (GMA), the
applicant must have adopted a Comprehensive Plan and Development Regulations by the
Act's designated deadline or by the Public Works Trust Fund application deadline, whichever is
later. The applicant must not have any Findings of Non-Compliance or Invalidity Orders
pending. For questions regarding your GMA status, contact the Growth Management Unit in
the Department of Community, Trade, and Economic Development at (360) 725-3000.
Growth Management Act - Exception:
Counties, cities, and towns planning under the Growth Management Act that are not in
conformance with the Act may request an exception to this requirement when the project is
necessary to address a public health need or a substantial environmental degradation issue. To
qualify for the exception, the jurisdiction must have a letter from the appropriate agency stating
that the exception has been granted.
The letter must be postmarked on or before the application deadline. Attach the letter to the
application. If you do not have a letter, contact the appropriate state agency and your Client
Service Representative before submitting your application.
. c. .'='?r~i.~i~~~rt~~C?~~~i~~m~C?tpl~rt~i~9~~~~rJ~~grC?"Yt~l\II~rt~9~'!1~~tA~t .
Jurisdictions not planning under the Growth Management Act, must have adopted a Capital
Facilities Plan for all systems it owns on or before the application deadline that meet the
following criteria.
. The plans provide an inventory of major system components, show their locations and
capabilities, and assess the overall capital needs for the systems;
. The plans identify, prioritize, and coordinate major capital improvement projects over a six-
year period;
. The plans estimate capital project costs and/or identify financing alternatives for each
project identified;
. The plans have been updated in the last six (6) years;
. The planning process provides opportunity for early and continuous public participation;
. The plans are consistent with elements of the Comprehensive Plan formally adopted by the
governing body of the local jurisdiction;
. The plans are consistent with the Comprehensive Plans of neighboring jurisdictions; and
. The plans must forecast future needs for capital facilities and show their location, and
estimate the capabilities of the expanded or new facilities.
, D. ~p~~iClll;)lJrp()s~[)i~tri~t G()rl~i~~~rl~Y\lV'it~~()~ClIG()rl'IPr~l1~rl~iY~m~ClncJlJs~mF'IClrl~:
Capital Improvement Plans of special purpose districts must show consistency with the
Comprehensive Land Use Plans of the local jurisdiction(s) in which they reside.
, E. ...E;rl'I~rg~l'l~yer()1~~t9rtly
Jurisdiction must have declared an emergency and attached the resolution to the application.
F. Sanitary Sewer projects only:
Does the project include repair and/or replacement of side-
service sewer connections on privately owned property?
If "Yes", the jurisdiction must adopt an ordinance or
resolution declaring such repair and/or replacement to be the
public policy of the jurisdiction and setting forth the finding of
public benefit. The ordinance or resolution must be in place
before the application submittal. Attach the ordinance or
resolution to this application. Please note, the ordinance
must be related speCifically to the area affected by this
DYes
D No
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I
INTELLIGENT TRANSPORTATION SYSTEM (ITS)
PROJECT VICINITY MAP
LEGEND
· TRAFFIC SIGNAL
o VIDEO CAMERA
~~ CITY LIMITS
- RIVERS
ACITYOf ~~
Y---'" WAS~
NOT 10 SCoWl
· WSDOT OR KING COUNTY TRAFFIC
SIGNAL
- ITS FIBER OPTIC LINE PHASE 1A
- ITS FIBER OPTIC LINE PHASE 1 B
Note: fnformaIIon ahown .. for PMnII Nf.....oe
_ .... _ _ not _... -'
-' _10 or __ _ .. ........
5-1-05 "\A-...\fIS\l7S ClTYWIDt Y1CINIIY IW'.DWO
APPLYING FOR: (Check Only One)
D Planning
D Pre-Construction X
Construction
D
Emergency
Borrower:
City of Auburn
Municipal Corporation Agency (MCAG) Number: 0
Federal Tax ID #:
o 0 1 2 2 8
Street Address:
25 West Main Street, Auburn, WA 98001
Mailing Address:
25 West Main Street
Auburn
State:
WA
Zip Code:
County: King
ongressional District:
Legislative District( s):
Has the local government experienced severe fiscal distress
resulting from a natural disaster or emergency public works need
in the past five years?
DYES
xNO
If "Yes," describe the event, when it occurred, and the fiscal distress it caused.
Primary system affected by
this project. (Check onlv
one)
D Bridge
x Road
D Domestic Water
D Storm Sewer
D Sanitary Sewer
D Solid Waste/Recycling
Population within jurisdiction:
47,470
mm .mm] Percent affected by.this project: f mmmmmm1000kl
Contact Person:
Ryan Johnstone
Street Address:
25 West Main Street, Auburn, WA 98001
...........m................mmm...1
. Mailing Address:
25 West Main Street, Auburn, WA 98001
Telephone:
(253) 931-3022
FAX:
I (253) 931-3053
I
Email Address:
rjohnstone@auburnwa.gov
Project Title:
Intelligent Transportation System Improvements - Phase 1 B
Scope of Work: Describe in detail what will be done as part of this project.
The Intelligent Transportation System (ITS) improvements will allow signals on Auburn's arterial
street network to be remotely controlled from a Traffic Management Center (TMC). This system will
enable the City to respond immediately to changes in traffic conditions caused by factors such as
rush hour volume fluctuations, accidents, and special event traffic.
The City's arterial street system is comprised of approximately 100 centerline miles of roadway and
72 signalized intersections. This system currently experiences high levels of congestion. Two
arterials, Auburn Way and South 27ih Street, experience particularly heavy volumes of through
trips with origins and destinations outside the city limits, as well as a significant number of
accidents. Auburn has developed the first phases (1A & 1 B) of the ITS project to address these
two critical corridors.
In Phase 1A entailed improvements on the Auburn Way South (SR 164) corridor from SR 18 to the
southern city limits and the installation of fiber optic lines from Auburn Way South to the site of the
future Traffic Management Center. Phase 1A was completed in June 2005. Phase 1 B includes
installation of cameras and a fiber optic line along South 27ih Street and Auburn Way North, which
will connect into the fiber optic line installed on Auburn Way South as part of Phase 1 A. In addition,
the City system will be developed to allow the public, via King County's and WSDOT's public
access traffic websites, to view current roadway conditions.
The Traffic Management Center, a separate facility that will also be developed during Phase 1 B,
will enable seamless and round-the-clock management of the City's traffic signal operations.
Phase 1A was completed in June 2005. The City is currently using a PWTF pre-construction loan,
as well as federal and local monies to fund engineering, environmental review, permitting, and
preparation of bid documents for Phase 1 B. The Public Works Trust Fund construction loan is
to fund construction of Phase 1 B.
Proposed Performance Measure (For Pre-Construction, Construction and Emergency
applicants only):
Describe how the success of the project will be measured. Be sure to identify how the change will
be measured, the standard against which the change will be noted, the amount of change that is
expected, and when the change will have occurred.
· The success of the project will be measured by comparing before and after re.ar-end collision rates.
i It is expected the number of annual rear-end collisions will be reduced from the current average of
: 51 accidents annually on S. 27ih Street and Auburn Way North combined. This will result in a
. decrease in injuries and property damage. The City maintains a database of accidents and will
irTlE3~SLJrE3.thE3 r~tE3gfc;h~r1gE3... ()n~nm~nr1LJ~tt)~si~~nE3r.irnpIEl rTlElr1t~ti()nof.thEl..IT$.. irnproyernElr1t~~
Attach Project Map (required)
Total Project Cost:
PWTF Loan Request:
~:~~~:~o . ...~
Does the financing or development of the project involve any
other jurisdiction? If yes, please identify
X Yes
o No
Federal Government, King County
Applicant certifies that the improvement has a minimum life
expectancy of 20 years.
X Yes
o No
Indicate the month and year when the activities were or will be completed.
For Pre-Construction Applications, please limit schedule to Pre-Construction Activities.
For Planning Applications, list activities in "Other" categories below.
Environmental Review
Not begun
9/06
Land/ROW Acquisition
Not Applicable
Permits Obtained
Not begun
10/06
Public Involvement/Information
Not begun
10 / 06
Preparation of Bid Documents
Not begun
12 / 06
Award Construction Contract
Not begun
08 / 07*
Start Construction
Not begun
09 / 07*
Complete Construction
10 / 07*
Project in Use
10 / 07*
*These activities are dependent upon securing $300,000 to begin and complete construction.
can be fully implemented within six (6) months of funding authorization.
The
For Pre-Construction Applications, please limit cost estimates to pre-construction
activities. For Planning Applications, list costs in "Other" categories below.
Engineering Report
20,000
Environmental Review
Land/ROW Acquisition
Permits
Public InvolvemenUlnformation
Bid Documents
Construction
Other Fees
100,000
97,250
Contingency (10%)
Other:
Other:
Other:
Other:
TOTAL ESTIMATED COSTS
1,072,250
Grant #3
Total Grants
Source #2
Total Local Revenue
Other Funds
20 years or life of the
improvement, whichever is
less
5 years (extended up to 20
years if construction funding is
secured by the second loan
repayment date)
s or life of the
ovement whichever is less
6 Years
I x Principle Arterial 0 Supply/Source-Primary 0
Img.~il1or Arterial D~~ppIY!~(?~~~~:~~~911~~IY 0
I 0 Major CollectormmmmmmmmmmmmgmT~~~tment 0
o Minor Collector Dm~!9r~g~m 0
o Local/Other 0 Transmission 0
o Distribution 0
.......................... ...............
o mI~I~'!1~!ry!~q~ip'!1~I1!
o Conservation/Other
,,;*,~mMti'..l_llllilliillli;lllillillllill
D~t9r~g~/[)~!~mi(?1"l ..... .. ..mmm P m\,l\,l~~t~R~~~~!i911/R~~y~lingm<
o Treatment 0 Remedial Action .
o InterceptorlTrunk Line ' 0 Final Disposal
o Collector . 0 Transfer Station
..... ..-.............. ................................ ........ .__._m............................. ........... .. _ ...-......i
o OthermmmmLD Other
Do you have a separate storm .
sewer utility?
DYes
o No
Treatment
Interceptor/Trunk~il"l~mmm
...P~.'!1.p/~if!.~!~!i9.11 ..........mm...m.mmm......m... ...j
Collector
Telemetry/Equipment
Conservation/Other
..m............................
;
There is a need to improve safety on Auburn's arterial network by reducing the number and severity of
collisions. Phase 1 B of the ITS project offers a viable solution for helping to reduce the collision rate
on S. 27ih Street and Auburn Way North, mitigating on average over 50 collisions and 17 injuries per
year.
The congestion on Auburn's arterial network has increased significantly in the last several years,
particularly along S. 277th Street and Auburn Way North, due largely to population increases in
unincorporated King County. S. 27ih Street was reconstructed, widened, and grade-separated in
2002. Since the re-opening in November of 2002, traffic volumes have been far greater than projected
because drivers are using this improved roadway to avoid congested state routes.
This increase in congestion is correlated with a large number of collisions that result in both injury and
property damage. The ITS Safety Enhancement Study was completed in March 2006 and reviewed
at an open public meeting on April 24, 2006. The purpose of the study was to assess the volume and
severity of collisions on the S. 27ih Street and Auburn Way North corridors. The study examined data
on rear-end collisions frolTl.January 2003 - February 2006 and found that during this period there
were 163 rear-end collisions, all of which resulted in property damage and 40 of which resulted in
injuries. In total, 55 people were reported injured from rear-end collisions during this timeframe.
The ITS improvements will enable the City to manage traffic volumes by reducing queue length and
evening the progression of vehicles through improved signal synchronization. Hence, traffic flow
patterns will be more consistent and "stop & go" traffic patterns, a significant factor in rear-end
collisions, will be greatly reduced.
The ITS Safety Enhancement Study concluded that if the ITS improvements are not implemented on
S. 27ih Street and Auburn Way North, congestion-related collisions will continue to increase. Hence,
the ITS project is needed to reduce the number of collisions, injuries, and property damage
occurrences.
Important Notes:
.. All questions are important and must be answered.
. All answers must stand-alone.
.. Fill out all questions completely.
.. Do not submit plans or similar documents, but clearly reference them.
1. Do not separate one Improvement/activity into multiple components. For example, if four streets are repaved under
one contract, then the repavement project is considered one improvement, not four. However, if a system is being
upgraded through a number of phases and each phase will be contracted for independently, then each phase is a
separate improvement. If you have questions about making this determination, contact your Client Service
Representative.
2. Do not use the same Improvement/activity more than once. A pipe replacement is either a maintenance project or a
capital improvement project. It cannot be considered both.
3. Jurisdictions applying for storm sewer system improvements which do not have a storm sewer utility or which have
created a utility in the last year may use road system improvements to respond to the Local Management
Performance questions, or if you have a combined storm/sewer system, you may reference sewer system when
answering these questions
4. Use a specific START DATE for all Improvements/Activities (month/year) for both past and future.
5. Cite four and only four Improvements/Activities in the past activity area, and three for future. The first four/three
Improvements/Activities listed in the application will be used to determine the score for the question.
6. Include planning activities in the Administrative & Financial/Planning Section.
7. If a system is taking over another system, use the "history of the system that is acquiring the system" to respond to
the appropriate questions.
Applicant certifies that engineering/design is complete
Applicant certifies that engineering/design has started
Applicant certifies that resources for engineering/design are
committed/secured
Project is in concept stage
x
D
D
Applicant certifies that project will get permits approved
Applicant certifies that project will complete engineering/design
Project is in approved plan
Project is in concept stage
(Applicant certifies by signing the Applicant Certification form on page 26)
1. 2003 Traffic Signal Safety Improvements
10103
2. 2003 Detection Loop Replacement Project
11/03
3. 2004 Traffic Signal Safety Improvements .
10104
4. LED Signal Head Replacement - Phase 3
07105
Restorative: If you are unable to give four examples, please explain why:
lt1uture lmprovement/~cfivity Start Date: 110ntEi/Y'ear
~pplicatiol1l slJlb)mittal to December 31. 2ti:l11
1. Emergency Vehicle Preemption Upgrades
06/06
2.2006 Traffic Signal Safety Improvements
09/06
3. Signal Battery Backup System Installs
12/07
you are unable to give three examples, please explain why:
1. Comprehensive Transportation Plan
04/03
2. Save Our Street Program (local streets preservation)
08/04
3. Transportation Improvement Program (2006-2011)
05/05
4. Traffic Calming Program
08/05
Restorative: If you are unable to give four examples, please explain why:
FutLlne lmprovementlh\ctivity Start 6ate: MonthlYear
h\ lication submittal to 6ecember 31, 2011
1. Capital Facilities Plan/Budget (2007-2012)
06/06
2. Comprehensive Transportation Plan Annual Update (2006) 08/06
3. Transportation Improvement Program (2008-2013) 05/07
Restorative: If you are unable to give three examples, please explain why:
; 1. Lakeland Hills/East Valley Highway Traffic Signal
09/03
l 2. Auburn Ave. (ih Street to Main Street) 08/04
_B2Edway rf1constr{jctio'?_______________________________________________________m_____________________________mm__..
: 3. C Street SW (Ellingson Road to 15th Street SW)
. R~sL'!!!cj~fJ!!1rL?JJSLre~()_'2~!!3{q!()!!___.___m.._m__.__
, 4. Auburn Way South Safety Improvements
10/04
06/05
Restorative: If you are unable to give four examples, please explain why:
FFuture ImprovementlActivity Start [Uate: Month/Year
_ Applicatiolll submittal to [Uecember 31,2011
1. A Street NW (3rd Sf. to 14th Sf.)
New road construction
08/06
2. F Street SE (4th Street SE to Auburn Way South)
Roadwa and rehabilitation
06/07
3. 15th Street SW (C Street SW to Union Pacific RR) 06/08
Pavement Reconstruction
Restorative: If you are unable to give three examples, please explain why:
WHEREAS,
is applying to the Washington State Public Works Trust Fund program for a low-interest
loan for an eligible project; and
WHEREAS, RCW 43.155.070 requires that applicants planning under RCW 36.70A.040 must have adopted
comprehensive plans in conformance with the requirements of chapter 36.70A RCW, and must have adopted
development regulations in conformance with the requirements of chapter 36.70A RCW; and
WHEREAS, RCW 70.95 requires a comprehensive Solid Waste Management plan be adopted by the city or county; and
WHEREAS, RCW 43.20.050, requires that applicants have a current water system plan; and
WHEARAS, the applicant certifies that it has a currently adopted plan for each and every one of the systems it owns and
operates and that these plans fully conform to the specifics within this application; and
WHEREAS, RCW 43.155.070 requires that county and city applicants must have adopted the local optional one-quarter of
one percent Real Estate Excise Tax, as described in Chapter 82.46 RCW; and
WHEREAS, the applicant states that their Capital Facility Plan is consistent with the Comprehensive Land Use Plan of the
jurisdiction in which they provide service; and
WHEREAS, the local governing body has approved submission of this application for a Public Works Trust Fund loan; and
WHEREAS, the applicant recognizes and acknowledges that the information in the application forms is the only
information, which will be considered in the evaluation and/or rating process. Incomplete responses will result in a reduced
chance of funding. In order to ensure fairness to all, the Public Works Board does not accept any additional written
materials or permit applicants to make presentations before the Board; and
WHEREAS, it is necessary that certain conditions be met as part of the application process; and
WHEREAS, RCW 43.155.060 requires that the project will be advertised for competitive bids and administered
according to standard local procedure; and
WHEREAS, the loan will not exceed the maximum amount allowed by the Board of eligible costs incurred for the project;
and
WHEREAS,
(Person/title)
such a loan; and
a debt to be repaid, and
has reviewed and concluded it has the necessary capacity to repay
WHEREAS, the information provided in this application is true and correct to the best of the government's belief and
knowledge and it is understood that the state may verify information, and that untruthful or misleading information may be
cause for rejection of this application or termination of any subsequent loan agreement(s); and
NOW THEREFORE,Ri...tllllllll,I,111111 (name of local government) certifies that it meets these requirements, and
further that it intends to enter into a loan agreement with the Public Works Board, provided that the terms and conditions
for a Public Works Trust Fund loan are . factory p' s.
Signed:
Title:
Phone Number:
Date:
ATTEST:
WHEREAS,
Works Trust Fund loan; and
has prepared this application for a Washington State Public
WHEREAS, the preparer recognizes and acknowledges that the information in this application is
the only information that will be considered in the evaluation and/or rating process. Incomplete
responses will result in a reduced chance of funding, and that in order to ensure fairness for all,
the Public Works Board does not accept any additional written materials or permit applicants to
make presentations before the Board; and
WHEREAS, the information provided in this application is true and correct to the best of the
pre parer's belief and knowledge; and
NOW THEREFORE, recognizes and acknowledges the above
declarations and certifies that this application meets the above requirements.
Signed:
Title:
Transportation Planner/Grants Manager
Phone Number:
253-804-5040
Date:
ATTEST:
Application Checklist
(for your own use - you do not have to submit)
D Are you using the correct application
(2006-2007) PWTF Program Application
Have all questions that apply to the project you are
.mmmmmm requesting funds for been answered?
[_-~~~~] Have you attached a Project Map?
[m_-~-:l Has someone reviewed the application?
D Have you attached any relevant resolutions or
ordinances?
D Have you signed the Applicant Certification?
[=~-J Have you signed the Preparer Certification?
Have you made and included the appropriate copies
mmmmm and 1 original?
PROJECT NAME: Intelligent Transportation System Improvements - Phase 1 B
Applicant/Jurisdiction:
Contact Person:
Address:
City, State, Zip:
Phonel FAX:
E-Mail:
City of Auburn. WA
Ryan Johnstone
25 West Main Street
Auburn. WA 98001
253-931-3022
riohnstone@auburnwa.oov
County: _King_
Requesting Agency:
Contact: Enid Melendez
Organization
Address:
City, State, Zip:
Phone:
711 Capital Blvd.
PO Box 48319
Olympia, Washinqton 98504-8319
(360) 586-4131
....................................................................................
PLEASE DESCRIBE THE TYPE OF WORK TO BE COMPLETED
(Be as detailed as possible to avoid having to provide additional information)
D Provide a detailed description of the proposed project:
The Intelligent Transportation System (ITS) improvements allow signals on Auburn's arterial street
network to be remotely controlled from a Traffic Management Center (TMC). This system enables
the City to respond immediately to changes in traffic conditions caused by factors such as rush hour
volume fluctuations, accidents, and special event traffic. The project phase under consideration for
this proposal includes work on S. 27yth Street and Auburn Way North.
The project includes installation of cameras and a fiber optic line along South 27yth Street and
Auburn Way North, which will connect into the fiber optic line installed on Auburn Way South as part
of an earlier phase. In addition, the City system will be developed to allow the public, via King
County's and WSDOT's public access traffic websites, to directly access the City of Auburn's traffic
camera information.
o Describe the existing project site conditions:
The existing project site consists of 4.1 miles of arterial roadway.
o Describe the proposed ground disturbing activities:
D
D
D
D
Check if project is being constructed at or near a tribal lands.
Check if project is being constructed at or near a known religious or cultural
significant area.
Check if project is being constructed at or near a large body of water.
Check if building(s} will be demolished and/or altered. If so please complete an OAHP
Determination of Eligibility "EZ2" form for each building effected by the proposed
project.
PLEASE ATTACH A COPY OF THE RELEVANT PORTION OF A 7.5 SERIES USGS QUAD
MAP AND OUTLINE THE PROJECT INMACT AREA.
(USGS Quad maps are available on-line at http: www.topozone.com)
Project Location: Township: 04 Range: 22 Section: 36
Township:...Q2 Range: 22 Section: 31
Township:...Q2 Range: 21 Section: 06
Township:...Q2 Range: 21 Section: 07
Township:...Q2 Range: 21 Section: 18
Address: S. 277th Street (SR 167 to Auburn Way North) & Auburn Way North (S. 277th S1. to East Main S1.)
City: Auburn County: W A
Project Area
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RESOLUTION NO.. 3 6. 3 Q
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY
OF AUBURN (THE CITY) AND KING COUNTY (THE COUNTY)
APPROVING COUNTY FUNDS FOR THE DESIGN AND
CONSTRUCTION OF INTELLIGENT TRANSPORTATION
SYSTEM IMPROVEMENTS
WHEREAS, the City is developing plans for Intelligent Transportation
System (ITS) improvements ("the Project') throughout the City; and
WHEREAS, the Project may l:>e partially in unincorporated King County
and will provide benefits to unincorporated King County residents by quickening
commutes and reducing delays; and
WHEREAS, the Project has regional significance as demonstrated by link
analyses studies showing the Project will improve traffic flows along South 277tt1
Street and Auburn Way South in unincorporated King County; and
WHEREAS, the County desires to contribute to the design and.
construction of the City's ITS improvements, relative to the benefits that will be
realized by residents of unincorporated King County traveling through these
corridors; and
WHEREAS, the County has agreed to provide $50,000 in support of the
Project in 2003 and $450,000 in support of the Project in 2004; and
Resolution No. 3638
August 21,2003
Page 1
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WHEREAS, it is in the best interest. of the City and the County to work
together to acquire additional funding for the City's ITS improvements; and
WHEREAS, the City and County are authorized. pursuant to RCW
Chapter 39.34, to enter Into an Interlocal govemmentcooperative agreement of
this nature.
NOW, THEREFORE, THE CITY. COUNCIL OF THE CIlY OF
AUBURN, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The City Council hereby approves the appropriation and
expenditure ~f County funds in the amolJnt of $500,000.00 for the design and
construction of Intelligent Transportation System improvements. The Mayor is
hereby authorized to execute an Interlocal Agreement between the City and
King County to obligate the funds; in substantial conformity with the agreement
attached hereto, marked as Exhibit -1" and incorporated herein by this
reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary. to carry out the dire.ctions of
this legislation.
Section 3. That this Resolution shall ta~e effect and be in full force
upon passage and signatures hereon.
Resolution No.. 3638
August21,2003
Page 2
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Dated and Signed this ). d- day of ,lid;. I 2003.
f
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PETER B. LEWIS
MAYOR
AlTEST:
~~~~
Da "aile E. Daskam,
City Clerk
APPROVED AS TO FORM:
Resolution No. 3638
August 21, 2003
Page 3
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Exhibit 1
INTERLOCALAGREEMENT
BETWEEN THE CITY OF AUBURN AND KINO COUNTY
FOR THE DESIGN AND CONSTRUCTION OF
INTELLIGENT TRANSPORTATION SYSTEM IMPROVEMENts
THIS AGREEMENT is entered into by and between the City of AubUrn. (lithe City") and King
County (lithe County"). .
RECITALS
A. The City is developing plans for intelligent transportation system (ITS) improvements
throughout the City as descnbed in Exhibit A. The improvements described in Exhibit A that
are . the subject of this Agreement are 1) interconnecting signals from State Route 18 to
Dogwood Street Southeast on Auburn Way South and from Auburn Way North to West
Valley Highway on South 277th Street to the City's traffic control center and 2) purchasing
signal system software to support the ITS improvements (lithe Project").
B. The Project may be partially in unincorporated King County and Will provide benefits to
. unincorporated King County residents by quickening commutes and reducing delays.
C. The Project has regional significance .as demonstrated by link analyses studies showing the
Project will improve traffic flows along South 277th Street and Auburn Way South in
unincorporated King County.
D. The County desires to contribute to the design and construction of the City's ITS
improvements, relative to the benefits that will be realized by residents of unincorporated
King County traveling though these corridors.
E. The County has .agreed to provide $50,000 in support of the Project in 2003 and $450,000 in
support of the Project in 2004.
F. It is in the best interest of the City and the County to work together to acquire additional
funding for the City's ITS improvements.
G. The City and the County are authorized, pursuant to RCW Chapter 39.34, to enter into an
interlocal government cooperative agreement of this nature.
Exhibit .1
Resolution 3638
Page 1 of6
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NOW, THEREFORE, the City and the County agree as follows:
AGREEMENT
1. PURPOSE
1.1. The purpose of this Agreement is to provide for the County's contribution to the Project
and to provide for the development of a plan to obtain,other grants in support'oftbe
City's intelligent transportation system improvements. ' ,
2. PROJECt DESCRIPTION
2.1. Work elements for the Project shall consist of installing modems at signal controllers
and installing interconnect to complete the citywide network at the Project locations.
ITS improvements shall not preclude 'the future inC9rporation of transit signal priority
and other transit-related technologies. '
3. GENERAL TERMS AND CONDITIONS
3.1. The City shall design or contract with a professional consulting engineering finn for the
performance of all design and engineering services for the Project, in accordance with
all applicable standards.
3.2. The City shall provide all engineering, administrative, inspection and clerical services
necessary for the execution of the Project.
3.3. The County shall assist the City with developing a plan for obtaining other grants to
support the program.
3.4. The City shall be responsible for incorporating the public information and involvement
process if so required for the Project. The COWlty shall be given the opportunity to
attend ~d participate in any public meetings held.
3.5. The City Public Works Director or designee and the.County Road Services Division
Director or designee shall serve as liaison for the purpose of this Agreement. These
contact persons shall meet quarterly, or more frequently as needed, to provide guidance
f{)r the Project and serve as a coordination body between the parties.
3.6. The County hereby grants the City right of entry into ,the jurisdiction of the County for
the purpose ofperfonning any and all tasks necessary to implement this Agreement.
4. CONSTRUCTION CONTRACT BIDDING
4.1. The City shall prepare the necessary contract bid documents for the Project.
Exhibit 1
,Resolution 3638
Page 2 of 6 .
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4.2. The City shall advertise the contract in the official legal publication for the City and, if
detennined necessary by the 'City, other newspapers in the Seattle metropolitan area to
provide the widest possible coverage. .
4.3. The City shall provide to the County a copy of the plans and specifications advertised
for bid.
4.4. The City shall open the bids. The City shall notify the County of the time and date of .
the opening of the bids, which is typically two to three weeks after the Project is
advertised. The County may, but need not, attend the opening of the bids.
4.5. The City shall tabulate the bids. The City shall provide a dated copy of the bid
tabulations to the County.
4.6. The City shall award the contract to the lowest responsible bidder as determined by the
City for the Project subject to applicable laws and regulations.
4.7. The City shall be responsible for following all applicable Federal, State and local laws,
rules and regulations in the expenditure of the funds to be paid by the County to the
City in connection with the Project. The City assures the County that its procedures are
consistent-with applicable laws relating to public contract bidding procedures, and the.
County neither incurs nor assumes any responsibility for the City's bid, award or
contracting process.
4.8. In connection with this Agreement, neither the City :nor any party contracting or
subcontracting in connection with the Project shall discriminate on the basis of race,
color, sex, religion, nationality, creed, marital status, sexual orientation, age or the
. presence of any sensory, mental or physical handicap in employment or application for
employment or in the administration of the delivery of services or any other benefits
under this Agreement. The City shall comply fully with all applicable Federal, State,
. and local laws, ordinances, executive orders. and regulations that..prohibit such
discrimination.
4.9. For Work within King County the City shall require that the County is included as an
additional insured on the contractor(s) insurance policy(s), and that the County is
included in the contract(s) indemnification provisions and receives the same protection
as received by the City.
4,10. The City shall provide or contract for the provision of all services necessary for
administration of the construction contract.
Exhibit I
Resolution 3638
Page 3 of6
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5. PAYMENT
5.1. The County shall reimburse the City for up to $500,000 for direct costs for the Project
as described in Exhibit B. The County shall reimburse up to $50,000 in support of the
Project in 2003 and the remainder in 2004. .
5.2. The County shall reimburse the City quarterly for direct costs incurred for the project.
5.3. The City, shall provide invoices not more frequently then quarterly.Jnvoices shall
include appropriate documentation as required, and shall be submitted to the County
prior to the County making payments.
6. DURATIONffERMINA TION
6.1. This Agreement shall become effective upon signing of this Agreement by both parties
and shall remain in effect untiJ final acceptance of the Project and payment by the
County of all moneys due from the County to the City, subject to the following.
6.2. In the event the City is unable to complete the Project:
6.2.1. All direct and indirect phasing-out costs shall be paid by the City.
6.2.2. The City shall reimburse the County for all County contributions related to the
design and construction of any portion of the Project within the City.
6.2.3. The County shall be released from any obligation to provide further contributions
and assistance pursuant to this Agreement and this Agreement shall terminate.
7. LIABILITY
7.1. Washington State law shall govern the respective liabilities of the parties.to this
Agreement for any loss due to property damage or injury to persons arising out of
activities conducted pursuant to this Agreement. .
8. DISPUTE RESOLUTION
8.1. In the event of a dispute between the parties regarding this Agreement. the parties shall
attempt to resolve the matter informally at the staff level.. If staff are unable to resolve
, the matter infonnally within 30 days, the matter shall be submitted to the City Public
Works Director and County Road Services Division Director for joint resolution.
Exhibit 1
Resolution 3638
Page 4 of 6
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8.2. lithe dispute involves a claimed breach of this Agreement and the City Public Works
Director and the County Road Services Division Director are unable to resolve the
matter, the party claiming breach may bring suit against the other party in the King
COWlty Superior Court. .
8.3. The parties may also agree to an alternative dispute resolution process.
9. OTHER PROVISIONS
9.1. The City shall be deemed an independent contractor for all purposes,. and the employees
of the City, or any of its contracto.rs, subcontractors and their employees shall not in any
manner be deemed to be employees of the County.
9.2. Nothing contained herein is intended. to, nor shall be construed to, create any rights in
any party not a signatory to this Agreement, or to fonn the basis for any liability on the
part of the City, the County, or their officials, employees, agents or representatives, to
any party not a signatory to this Agreement.
9.3. Waiver of any breach of any provision of this Agreement shall not be deemed to be a
waiver of any prior or subsequent breach and shall not be construed to be a modification
ofthetenns of this Agreement.
9.4. The parties shall retain ownership and usual maintenance responsibility for the signal
system and other property within their respective jurisdictions.
9.5. If any provision of this Agreement shall be held invalid, the remainder of the
Agreement shall not be affected thereby if such remainder would then continue to serve
the purposes and objectives of the parties.
9.6. This Agreement contains the entire agreement of the parties and any representations or
understandings, whether oral or written, not incorporated herein are excluded.
9.7. This Agreement may be amended only by an instrument in writing, duly executed by
both parties.
9.8. The captions in this Agreement are for convenience only and do not in any Way limit or
amplifY the ~rovisions of this Agreement.
10. AUDITS AND INSPECTIONS
10.1. The records and documents with respect to all matters covered by this Agreement shall
be subject to inspection, review or audit by the County or the City during the term of
this Agreement and three years after tennination. .
Exhibit I
Resolution 3638
Page 5 of6
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date last written
. below. . . .
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Date 9 - 3~{) ~
Exhibit I
Resolution 3638
Page 6of6
APPROVED AS TO FORM:
~~~.
eputy Prosecuting Attorney
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Exhibit A
Auburn Intelligent Transportation System (ITS)
Project Description
Projeet Summary
The Auburn ITS Project is ajoint project with the City of Auburn, King County, the Washington
State Department of Transportation (WSDOT), and the Muckleshoot Indi~ Tribe. It will look at
planning, designi,ng and constructing ITS elements along arterials of regional significance in the
Auburn area. The key concept of this project will be to develop an integrated system. This
system will provide for the sharing ofinformation, hardware, and/or staff in such a manner that
transportation networks passing through multiple jurisdictions are treated as a seamless entity. .
Integration not only benefits the users of these systems but can also provide economics in the
installation, operation, and maintenance of ITS systems.
General Description .'
Advance Traffic Management System (AlMS) work elements for the project will consist of .
intercolUlect, cameras, "Center to Center" communications between King County's Traffic
Control Center (ICe) and Auburn's Traffic Management Center (TMC), communications With
the County's "My Commute" web page, integrated software, coordination of traffic signals, and
traffic data/detection stations. The work will include equipment for Auburn, King County and
WSDOT and will focus on the more important element, that of the development of an integrated
system.
Work Description
Planning
Auburn ITS Strategic Plan
1. Evaluate the current signal system infrastructure; detepnine location for the Auburn
TMC; determine signal control, communications and,system software needs; prepare
scope of work and cost estimates for design and construction~. .
Design and Construction
1. Install signal control equipment, detection/data collection equipment, conurtunication
systems and interconnect along the Auburn Way Sand S 277tli St corridors. .
2. Connect the City signal"system to the Auburn WayS and S 277th St corridor systems.
3. . Connect the City signal system to the City's TMC at City's Operation and Maintenance
facility.
Exhibit A
Page 10f2
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4. Seek additional funding for transit improvements consisting of transit signal priority at.
three locations to be determined during the planning and preliminary design. .
5. Purchase, install and make operational the ICONS central signal system software that
will run the Auburn signal system and have communication capabilities between
Auburn's TMC, King County's TeC, and WSDOrs TSMC.
6. Install video cameras along Auburn Way 8 and S 277th 81.
.7. Develop signal synchronization plans along the Auburn Way S and 8 277th 8t corridors.
Exhibit A
Page 2 of2
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Exhibit B
Auburn ITS Proje~t
Distribution of County Funds.
Summary
King County Ordinance 14517 makes provisions for the County to participate with the City of
Auburn in the Auburn ITS project. The project is anticipated to start in 2003 with completion
scheduled in 2004. Fundsfor the project will be distributed in the years 2003 and 2004. These
funds will be distributed consistent with those activities occUrring in each year. See the table
below.
Table 1 - Activities & Distribution by Year
2003
September - December
2004
J.anuary - December
. ITS Plan and Design
. Auburn Way S
. Signal Software
. South 277th
Design and Construction $450tOOO
Preliminary Planning and Design $50,000
Exhibit B .
Page 1 of 1
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RESOLUTION NO. 3741
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A LOCAL AGENCY AGREEMENT
BETWEEN THE CITY OF AUBURN (THE CITY) AND THE
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
RELATING TO PROJECT NO. C307A, INTELLIGENT
TRANSPORTATION SYSTEM (ITS) IMPROVEMENtS
WHEREAS, the Washington State Department of Transportation has
awarded federal funding from the 2004 Intelligent Transportation Systems
Deployment Program in the tota.l amount of $863,981 to the City of Auburn for
the Intelligent Transportation System (ITS) Improvements; and
WHEREAS, the grant requires $863,981 in matching funds and those
matching funds are to be provided from King County for $500,000, the
Muckleshoot Indian Tribe for $300,000 and $63,981 from the City of Auburn
102 Fund; and
WHEREAS, it is in the best interest of the City to use the 2004 Intelligent
Transportation Systems Deployment Program monies to finance capital
improvements to the Transportation' system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN,-WASHINGTON, HEREBY RESOLVES as follows:
Sectioo 1. The Mayor and City Clerk are hereby authoriz.ed to execute a
Local Agency Agreement between the City and the Washington State
Resolution No. 3741
June 22, 2004
Page 1
Department of Transportation, in substantial conformity with the agreement
attached hereto, marked as Exhibit "A" and incorporated herein by this
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. .
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this & e day of
,2004.
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ATTEST:
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Danielle E. Daskam,
City Clerk
Resolution No. 3741
. June 22, 2004
Page 2
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~ W,shinglon State
~r 'Department o' Transportation
ArBttocal Agency Agreement Supplement
.;
Agency
City of Auburn
Federal AId Project Number
ITS-2004 045)
" Agreement Number
LA.5717. .
SuppJement Number
1
CFDA No. 20.206
(Cala or Federal Dome8lic Assistance)
The Local Agency desires to supplement the agreement entered Into and executed on September 20, 2004
All provisions In the basic agreement remain In effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
ProJect Description
Name City of Auburn Citywide Intelligent Transportation Improvements. Length Citywide
Termini N/ A
Description of Work 181 No Change
Reason for Supplement
To obligate money for procunnent ofIT equiplnnetlmaterials.
Estimate of Funding
Type of Work (1) (2) (3) (4) (5)
Previous Supplement Estimated Total Estimated Agency Estlmated
AareementlSunnl. Project Funds FUnd$ Federal Funds
PE a AlIencY 105,000.00 105,009.00 52,500.00 52,500.00
50 % b. Other Consultant 367.500.00 367,500.00 183,750.00 183,750.00
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c, Other
Federal Aid d. State 10,000.00 10,000.00 5,000.00 5,000.00
Participation
Ratio for PE e. Total PE Cost Estimate (a+b+C+d) 482,500.00 482,500.00 241,250.00 241,250.00
Right of Way f. Aaencv
- % a. Other
Federal Aid . h. Other
PartiCipation l. State .
Ratio for RW
i. Total RNV Cost Estimate (f+o+h+i)
Construction k. Contract
l Other .
m. Other
n. Other IT Procurement Ph IA 400,000.00 400,000.00 200,000.00 200,000.00
50 % o. AGency
-
Federal Aid D. State
Participation
Ratio for CN o. Total CN Cost Estimate (k-+loftllill-tOi01 400,000,00 400,000.00 200,000.00 200,000.00
r. Total ProJect Cost Estimate leotlofGl 481,500.00 480,000.00 882,500.00 441,250.00 441,2!O.00
The Local Agen er stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition
to payment of e Fede 8 0 Is and will comply with the applicable provisions.
Washington State Department of Transportation
B, By _dt~... ~ ~ J.,..:,
Title Mayor _ C-ity of Allhllm Assistant Secretary for Highways and Local progrems
Date Executed
HAR 02 2005
DOT Form 1..0-041 EF
Revised .,2000
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~" Washington State
-Department 01 Transportalion
A(lrDtocal Agency Agreement Supplement
Agency' Supplement Number
City of Auburn 2
Federal Aid Project Number Agreement Number CFDA No. 20.206
ITS-200 045 LA~5777 (CetaI of Federal DomestIc AsBlslanoe
The Local Agency desires to supplement the agreement entered Into and executed on September 20, 2004
. All provisions In the basic agreement remalnln effect except as expressly modified by thl$ supplement.
The changes to the agreement are described as follows:
ProJe~t Description
Name City of Auburn Citywide Intelligent Transportation Improvmeents Length Citywide
Termini N/A
Description of Work 181 No Change
Reason.for Supplement
To obligate funds for construction of Phase lA, Auburn Way South ITS.
Estimate of Funding
Type of Work (1) (2) (3) (4) (5)
Previous Supplement E~~ted Total Estimated Agency Estimated
AareemenVSuppl. P ct Funds Funds Federal Funds
PE a. AaellCY 10S,OOO.00 105,000.00 .52,500.00 52,500.00
50 % b. Other Consultant 367,.500.00 367,SOO.00 : 183,750.00 183,750.00
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c. Other ;
Federal Aid d. State 10,000.00 10,000.00 5,000.00 5,000.00
Participation
Ratio for PE e. Total PE Cost Estimate (a+b+()-+{I) 482,500.00 482,5041.00 241,250.00 241,250.00
Right of Way f. Agency I
- % a. other
Federal AIel h. Other ;
Participation i. Slate ;
Ratio for RW
l. Total R1W Cost Estlmale If+o+h+:ll
Construction k. Contract 800,000.00 800,000.00 400,000.00 400,000.00
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I. Other :
m. Other
n. Other IT Procunnent Ph. IA 400,000.00 400,000.00 200,000.00 200,000.00
~% a'-Agency <<<>,462.00 40,46200 20,231.00 20,231.00
Federal AkI D. State 5,000.00 5,000.00 2,500.00 2,500.00
Participation a. Total CN Cost Estimate tk-tl~-IMO-+tll 400,000.00 845,46z.o8 1.245,46UO 6%1,731.00 612,731.00
Ratio for eN
r. Total Prolect Cost EstImate IlHloHll 882,500.00 845,46z.o0 1,717,961.00 863,981.00 863,981.00
The Local Age further stipulates that pursuant to said Title 23, regulations and poHcles and procedures, and as a condition
to payment f the rei funds pts and will comply with the applicable provisions.
Agency Washington State Department of Transportation
I. ft-l-.t:.-{ ~ 0
By ~P"".l~
By
TItle
Assistant Secretary for Highways and Local Programs
MAR 0 2 2005
Date Executed
DOT Fonn 140.~1 EF
Revised 412000
AMENDMENT NUMBER 1
PUBLIC WORKS TRUST FUND LOAN AGREEMENT
LOAN NUMBER PW-05-691-PRE-143
BETWEEN
THE PUBLIC WORKS BOARD
AND
CITY OF AUBURN
The purpose of this amendment is to extend the project completion date of the Public Works
Trust Fund Loan Agreement Number PW-05-691-PRE-143 from September 20, 2007, to a new
ending date of May 30, 2008.
This amendment was approved by the Public Works Board (hereinafter referred to as the
BOARD) on September 11, 2007. The Board found the extension was necessary for the
following reason: Due to staffing issues, the process for project planning, scoping and consultant
selection has been slow. The city is also trying to obtain grant funds from WSDOT for a region
wide project to connect about 21 cities and agencies to the State's fiberoptic backbone which
will make the project more effective.
The BOARD and the CITY OF AUBURN (hereinafter referred to as the BORROWER) agree to
amend the Public Works Trust Fund Loan Agreement Number PW-05-691 -PRE-1 43 as described
below.
Section 4.05 Time of Performance is amended to read as follows:
The BORROWER shall begin the activities identified within ATTACHMENT I: SCOPE OF
WORK no later than three (3) months after the date of loan agreement, and reach project
completion no later than May 30, 2008.
Failure to perform within the time frame described in the preceding paragraph may constitute
default of this agreement. In the event of extenuating circumstances, the BORROWER may
request, in writing, that the BOARD extend the deadline for project completion. The BOARD
may, by a two-thirds vote, extend the deadline.
This agreement shall be in place during the entire term of the loan regardless of the time of actual
project completion.
A copy of this amendment, consisting of two (2) pages, shall be attached to and incorporated into
the original agreement between the BOARD and the BORROWER. Any reference in such
agreement to the "agreement" shall mean "agreement as amended." All other items and
conditions of the original loan agreement or prior amendments shall remain in full force and
effect.
CITY OF AUBURN Page 1 9/12/2007
A a
A
rro)e( l NO. G3'?? B
Mlle No. _ A _.
1Jesk CerP_Y
AMENDMENT NUMBER 2
PUBLIC WORKS TRUST FUND LOAN AGREEMENT
LOAN NUMBER PW-05-691-PRE-143
BETWEEN
THE PUBLIC WORKS BOARD
AND
CITY OF AUBURN
The purpose of this amendment is to extend the project completion date of the Public Works
Trust Fund Loan Agreement Number PW-05-691-PRE-143 from 9/20/2007 to a new ending date
of 10/31/2008
This amendment was approved by the Public Works Board (hereinafter referred to as the
BOARD). The Board found the extension was necessary for the following reason: The main
issue with the project design has been the rerouting of the fiber cable needed to connect the ITS
System to the Traffic Management Center. The City also had to explore a different routing in
order to connect to the WSDOT systemThe City has had some issues working with Puget Sound
Energy (PSE) due to recent changes in its requirements for attaching the fiber cable to power
poles. PSE now requires additional engineering and surveying before reattachment of the cable
lines. It also took longer to develop the consultant contract than initially thought because some
unanticipated issues (PSE requirements) and unknowns that arose during the preliminary design
process.
This project was originally delayed due to staff turnover and a lengthy testing and evaluation of
equipment that would be compatible with WSDOT and King County standards.
The BOARD and the City of Auburn (hereinafter referred to as the BORROWER) agree to
amend the Public Works Trust Fund Loan Agreement Number PW-05-691-PRE-143 as described
below.
Section 4.05 Time of Performance is amended to read as follows:
The BORROWER shall begin the activities identified within ATTACHMENT I: SCOPE OF
WORK no later than three (3) months after the date of loan agreement, and reach project
completion no later than 10/31/2008.
Failure to perform within the time frame described in the preceding paragraph may constitute
default of this agreement. In the event of extenuating circumstances, the BORROWER may
request, in writing, that the BOARD extend the deadline for project completion. The BOARD
may, by a two-thirds vote, extend the deadline.
This agreement shall be in place during the entire term of the loan regardless of the time of actual
project completion.
A copy of this amendment, consisting of two (2) pages, shall be attached to and incorporated into
the original agreement between the BOARD and the BORROWER. Any reference in such
agreement to the "agreement" shall mean "agreement as amended." All other items and
conditions of the original loan agreement or prior amendments shall remain in full force and
effect.
City of Auburn Page 1 5/29/2008
IN WITNESS THEREOF, the BOARD and the BORROWER have executed this amendment as
of the date and year last written below.
PUBLI BO BO-'-
i.
Kelly nyder, Assista t it ct me Title
t.
Date
IaG
Date
APPROVED AS TO FORM ONLY
This 30th Day of March, 2007
Rob McKenna
Attorney General
By: Signature on File
Andrew Scott
Assistant Attorney General
City of Auburn
Page 2
5/29/2008
C/er~
c 307~~
AMENDMENT FACE SHEET
Loan Number: PW-05-691-PRE-143
PROJECT COMPLETION AMENDMENT
Washington State Department of Community, Trade and Economic Development
PUBLIC WORKS BOARD
PUBLIC WORKS TRUST FUND - CONSTRUCTION AND PRECONSTRUCTION LOANS
1. Contractor
2. Contractor poing Business As (optional)
City of Aubum
N/A
25 W Main St
Auburn, WA 98001-4998
3. Contractor Representative (on{y if updated)
4. CTED Representative (only if updated)
N/A
N/A
5. Original Contract Amount
6. DeObligation
7. Final Contract Amount
$189,750.00
$26,037.49
$163,712.81
8. Amendment Funding Source
❑ State: 0 Other: ❑ NIA: ❑
l
d
F
9. Amend ent Start Date
~Ak ~
10. Amendme t En Date
O ~ d 11 - 7 eao v'~
era
:
e
(to be filled b the Board
to be filled b the Board
11. Federal Funds (as applicable): Federal Agency: CFDA Number:
N/A N/A N/A
12. Amendment Purpose: '
The purpose of this amendment is to certify the project completion for the Public Works Trust Fund Loan Number PW-
05-691-PRE=143.
defined as the Washington State Public Works Board, and Borrower/Contractor acknowledge and accept
The Board
,
the terms of this Agreement/Contract As Amended and attachments and have executed this Agreement/Contract
Amendrnent on the date below to start as of the date and year referenced above. The rights and obligations of both
parties to this Agreement/Contract As Amended are governed by this Agreement/Contract Amendment and the
following other documents incorporated by reference: Amendment Terms and Conditions, including Attachment I:
Certified Project Completion Report. A copy of this Agreement/Contract Amendment shall be attached to and made a
part of the original Agreement/Contract befinreen the Board and the Borrower/Contractor. Any reference in the original
"
°
Contract As
or
Agreement/Contract to the "Agreement" orthe "Contract° shall mean the "Agreement As Amended
Amended," respectively.
ORROWR/C TRACT
FOR THE
FOR PUBLIC WORKS OARD
~
~
~
a
.
Signature
T , m
Print Name
Date
~ tq vv~
Title
APPROVED AS TO FORM ONLY
(D 1 f°I''~~
This 22"d Dav of December, 2008
Date -f-~
Rob McKenna
Attorney General
Siqnature on File
Kathryn Wyatt
Assistant Attorne General
City of Auburn Page 1 Project Completion Amendment
PW-05-691-PRE-143 5/6/2009 Public Works Trust Fund
AMENDMENT TERMS AND CONDITIONS
PUBLIC WORKS BOARD
PUBLIC WORKS TRUST FUND - CONSTRUCTION AND PRECONSTRUCTION LOANS
The purpose of this amendment is to acknowledge the project has been certified complete and the final loan amount,
interest rate, and local share on Public Works Trust Fund Loan AgreementlContract Number PW-05-691-PRE-143 have
been adjusted, if necessary, as reflected below.
The Public Works Board, (or its suceessor) a department of the state of Washington (hereinafter referred to as the
"Board") and City of Auburn (hereinafter referred to as the "Borrower/Contractor") agree to amend Public Works Trust
Fund Loan Agreement/Contract Number PW-05-691-PRE-143 as described below.
The amount of the loan shall be $163,712.81. The interest rate shall be 0.50% per annum on the outstanding balance. The
Borrower/Contractor pledges to use an amount of local funds as local project share of not less than 15.0% of the total
eligible portion of the project cost not funded by federal or state grants as identified in the Loan AgreementlContract's
Scope of Work.
The attachment to this amendment, Attachment I: Certified Project Completion' Report, includes the following sections:
Chief Exeeutive'Officer and Project Engineer or'Consultant Certifications; Estimated and Actual Project Costs by Cost
Category; Estirnated and Actual Project Funding; Final Loan Draw and Local Match Worksheet; and Performance
Measures Report (for construction loans only).
City of Auburn Page 2 Project Completion Amendment
PW-05-691-PRE-143 5/6/2009 Public Works Trust Fund
ATTACHMENT I: CERTIFIED PROJECT COMPLETION REPORT
PUBLIC WORKS BOARD
PUBLIC WORKS TRUST FUND - CONSTRUCTION AND PRECONSTRUCTION LOANS
Loan Number: PW-05-691-PRE-143
Project Naine: Intelligent Transportation Sys Imprvmts
Phase lb
Original or Extended Project Completion Date: 4/30/2009
Contractor: City of Auburn
Address: 25 West Main Street
Auburn, WA 98001
Chief Executive Officer Certification
The Chief Executive Officer of the Borrower/Contractor certifies that:
• To the best of his/her knowledge, the financial information and data provided in this report is true and correct as of
the signature date indicated below, and no project costs listed in this report incurred more than twelve (12) months
before agreement/contract execution or after the date of the project completion;
• Records supporting the information provided in this report are vn file and wiIl be made available by the
Borrower/Contractor upon request;
• There are no outstanding Iiens against this project, and
• Attached is a copy of the formal action accepting the project as being complete'(FOR PRECONSTRUCTION
LOArla1~Y1~~
~
15~
Signature"of Chief
t S -
Print Name
M,QVo 2
Title T
(0119 /1)9
Date of igna re
Proiect En ineer or Consultant Certification
The Project Engineer or Consultant of the Borrower/Contractor certifies that:
• To the best of'his/her knowledge, the data provided in this'report is true and correct as of the signature date
indicated below;
• The project was completed in accordance vuith the Loan Agreement/Contract's Scope of Work; and
• The project was completed on ~L, ' Dc~ •
(Actual Date~of Project Completion)
~e /~Z~~
A-
Signature of Project Engineer or Consultant
0/1lw~-~r
Print Name
City of Auburn Page 3
PW-05-691-PRE-143 5/6/2009
of aei^"% -li'°ej
Title
6 /7
Date of Signature
Project Completion Amendment
Public Works Trust Fund
City of Auburn Page 4 Project compietion Hmenament
PW-05-691-PRE-143 5/6/2009 Public Works Trust Fund
Section 1: Estimated and Actual Proiect Costs bv Cost Category
Section 2: Estimated and Actual Proiect Funding
Grant #1
Federal Earmark
$151,800.00
$0.00
Grant #2
$0.00
$0.00
Grant #3
$0.00
$0.00
New Grant
$0.00
Total Grants an
d Other Non-Matchin Funds
$151,800.00
$0.00
~
x r
This Loan Re uest
Public Works Board
$189,750:00
$163,712.81
Other Loan # 1
$0.00
$0.00
Other Loan #2
$0.00
$0.00
Other Loan #3
$0.00
$0.00
New Loan
$0.00
New Loan
$0.00
Total Loans
5189,750.00
$163,712.81
-
. •
. . 'F , , .
. .
, . :
.
h s`b`• `
`E' • s~.
i ,
Local Revenue #1
'King County (interlocal
$37,950.00
.
$31,486.35
a eement
Local Revenue #2
$0.00
$0.00
Local Revenue #3
$0.00
$0.00
New Local
$0.00
Revenue
'
Total Local Revenue
$37,950.00
$31,486.35
+ .
, ..y . . t
. .
.
.
a.
.
.,.a: 4` .e f:
.
Other Funds
.
$0.00
$0.00
Interest Earned on
709.81
$14
Investment of
,
PWTF Loan Funds
- -
-
-
~0.00
$14,709.8
City of Auburn Page 5 Project Completion Amendment
PW-05-691-PRE-143 5/6/2009 Public Works Trust Fund
Section 3: Final Loan Draw and Local Match Worksheet
P
^
PWTF Total Loan Amount at Loan Contract Execution
$189,750.00
_
1
_
~
_ _ _ _ _
_ _
Costs Incurred after Loan Contract Execution
209,908.97
-
Costs Incurred up to 12 Months before Loan Contract Execution '
- -
$0 00
_ _
3 '
.
Total Actual Eligible Project Costs
$209,908.97
4 ;
Total Actual State and Federal Grants ~
~
$0.00
_ _ . _
5 ~
_ _
.
Reimbursable Eligible Project Costs
209,908 97
i
Percentage of Project Reimbursed by PWTF Loan at Loan Contract Execution i
85.00% 1
7 i
PWTF Share of Reimbursable Eligible Project Costs ~
$178,422.62
8 ~i
-Earned on Investment of PWTF Loan Funds (should match the amount ~
Interest-
$14,709.81
9 '
under the Actual Funding Column in Section 2)------------- '
-
_......m_
~
Maximum Eligible Cost for Reimbursement by PWTF Loan
$163,712.81
.
10
_
_ . _ _ _.~..._.T
_
Lesser of Total Loan Amount or Maximum Eligible Cost
, $163,712.81
11
~
~ .
Lesser of Maximum Eligible Cost or Costs Incurred after Loan Execution ;
.__TT... _
_ _
$163,712.81
_
12 i
~ Total Amount of Loan Desired if Less than Eligible Cost (should match "Tlzis
$163,712.81
13
~ Loan Reguest" amount under the Actual Funding Column in Section 2)
P Loan Total Arnount Drawn to Date'
$142,312.50
14 j
I
}
Final Draw: Maximum Eligible Cost (or Total Amount of Loan Desired) less
~
the PWTF Loan Total Amount Drawn to Date,(If negative amount, a refund is
$21,400.31
15 ~
re uired.)
[
Actual Local Share: Reimbursable Eligible Project Costs less the Sum of
48635
$31
16
Interest Earned an Investment of PWTF Loan Funds and Amount of Loan
. . _r.
~
~
,
.
.
- . -
~ Local Share Percentage at Project Completion
17
Page 6 Project Completion Amendment
City of Auburn
Public Works Trust Fund
PW-05-691-PRE-143 5/6/2009