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HomeMy WebLinkAbout3988 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 H - " I P -r LII I H - . ... t ~ 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 \". 1'\)~",' )., \ \~ ~ ,. "9 'r!,itj~~}- I le5- '\J V ~ I;ct:~" ~.. '''''' $. Q~r i' ....\ ,i ~~ .... ~~lr~;;l'i"rl'm~ --") rrr::---- I ~I ~ut\ ~ ',I"" ,: ,... -,~'" \. '.. ~. i (oJ !~t\ ~ iE't~ '''L';!!~'wr J. ".."'-~..... " ~__ ! 18 I:, .."." m." . ~-- = ~ n;r ~'","" !~ ' 0 "J "'~-=-- F ~ I \ r I ~ ~~ , t~:;;'} f'D --. \}: " _J 'V. ~!\ ' (l-:- . _ .'-i!f'f~ii/ ]~,:; ,i"-; I~ rr - ,- 19) t( I. .l ~--- ~""''"" Kt.f7J- t.: _J!, 1--- - -~0 i' :=: (:tl; '~<>CA"~,l~~Z::~_~ "- ~ - " >'!1_7~rT:A...--.:s Il~ ,~~ -"',~~.\ ~. i..,,,.. .. % ..." f'It-" !I; I B 1 I I" ~. ...... Vi .",.. , ~\.~ T ~.- ~I~ ~ ~~ ~-'"-" {t~. ~I · ;!,.i ,;J" ....~~~~~~E; i I" m: :i~ ~. ..,....., ~ I -;;. I. i~ ,\ l"'=<<l .,i;;r!,''',':''=' ''''b ! : 'S I ':". t ~rr!;~' ..:::: "....,.,J' ! !>-' ....\ \ I! ,fu'u!, . ~ ;:c~:rj ".~ ... It!;; .../ ../ I ~ ~,'- t- ~"""'~~l*[.r - a ~'__ I _ . .~ ,....1 -j: .~I) jf ". ~ ~r~~~ ~ ~.~ :~~~~~. :.".':: r-'"*Jj> \ ""::~~"2' i '-'.: t;'" ./-1 ;. ~,.~ ~..;l....: r _. ~,~1(~:r':' . ~. I afr... ~ "':[1 G):: S Ii .::;; "[~EC .!~~ '" ~.. "' -- ':II' " ~ f S~"~"-'I '~;:::i:';,,,,.. , . ITY 11 ~]" .... _1 . I " '" .! .-" i':~""1 · ... J K~ ~"=. · 1~~ ~ ~;;[);W _NUB fl# .;/ .-'" '(I _I '--""~. CJr_ _~~_. "'____~~~ _..~ ~ ~: ~l\ ~P:;-~"'\ I FFIC-"'t. tV ~:__ /j:~ .~ · kJt.rl - l~ ' ,,," 'E1 1KJ ~'" Y.~ = "~i 1/1 ~-i. ff' .. \ ~ ~) i ~ / f~"J !J/r,,:M< ."I.! ~.. ~~; j]5 ~ i .' [W :J~t IJ {I . ~ IT'"'. ,i:J ;;;.:~~. J~J I . ') ~:r~~11 ill "':"to ~ ... r:;-'km~.. :t;~~..~ i.1:+~.3."""'_' ft-_.- ~ ~~:..,.~:~!+ 'V;~'k I ~ K'Y~-- . , I ~~I".,;c- H.;"'~ ~l~~ ctn~n tT ~ ~ - ~ I! ' . 7"i't,,!'-' i; ~ i1tZ:l~ 'j ~ ,;~Jf. -.\~ .; !~ Ii ii, :1.E:I..... -"" la-- "= - 'I IL, I \:'i I:::::; ..... ,.. ~ (j 4:fltl";'H. ; - r--~.,Ii billrIiJ:J-.~~J :~~A. -i'" ..XAJ::- .~ ~J ~ OO~I &1 i .. ;;;~/' .._._..1IIIliIiI~~ -.... '-" ( .::. - ~ !........ ';(;7 ~ _ _ '--...: \ <il/;:'-L - ,'.~ ~ \ ,i - '\'" Ir'g1I/j :~~~ }-.-- ~j ~~. "A ~~j _... \ '''L:'~ jf -!~t t~ __.,~ J .. r 7?~~ ~jJ 7~(kr ~ - ~~! \ ~ -L,.Jk~~jP-'- ~ ~ t ~ ' ~ (if' ~ ~IJ ~ _ : h~ ~'j . f' '"'"i ,,- ~ : ~ 1,_ I.I!. h~~-Lil!lUJf- \,L ~ ~?I~~ ." - - \ ~~~"",UJl..L",, a: L.j-"'L"'1,...~ -JTI-"'''-:/ f->! ~ . I,.,'" """"" ; -- /p~\ T4"""'~ I --1 u~ ""'..' ~ ~ ~i "~i ',., : .~.. \. ~ __.... . ;;a~j ;~. ! :1; I ~ -""" I. "'~' ~~t\;r i '~'~ri=' \ ~ i 1 ,~ \\;\~l~lB\ -,J l-_~ W' _u " ;"F ~~)- \LI ~ ~ L~~~:.)r;-}\-' " ,\- (/ ') J V'r" .--,.._i I il-\ \ I i \1) ~b.v-""V.v"" ! \,"':~'.. .1 ) ~JO!1UIX\'\~ ~I ) I -"'. \ I C..___ __" "- ", " ~ ~ ( ; 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 ...................................................................................... '}o ............ 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 ....M . ~ _.._.~. . 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 -". .. ...... , Dated and Signed this ). d- day of ,lid;. I 2003. f ~ PETER B. LEWIS MAYOR AlTEST: ~~~~ Da "aile E. Daskam, City Clerk APPROVED AS TO FORM: Resolution No. 3638 August 21, 2003 Page 3 , . I :. ~ # . I" . l' . ..., .. . 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 . ' . . . \ , I I f .. 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 . . " , . f " , . , ' . . 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 . . . " . . 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 . ' 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 .' " \~ ,'" " '.. . , . IN WITNESS WHEREOF, the parties have executed this Agreement as of the date last written . below. . . . ..-- Date 9 - 3~{) ~ Exhibit I Resolution 3638 Page 6of6 APPROVED AS TO FORM: ~~~. eputy Prosecuting Attorney :.~: . '. : .' 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 . . .. . . . . '. . . . , . r 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 . - . . ,. ". .. . . " , . . ,. to .. ,If .. ~, f .,. ., 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 . . 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 $63,981 from the City of Auburn 102 Fund; and WHEREAS, it is in the best interest of the City to use the 2004 Intelligent Transportation Systems Deployment Program monies to finance capital improvements to the Transportation' system. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,-WASHINGTON, HEREBY RESOLVES as follows: Sectioo 1. The Mayor and City Clerk are hereby authoriz.ed to execute a Local Agency Agreement between the City and the Washington State Resolution No. 3741 June 22, 2004 Page 1 Department of Transportation, in substantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2~ The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. . Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this & e day of ,2004. ~ ".~. ATTEST: ~~ Danielle E. Daskam, City Clerk Resolution No. 3741 . June 22, 2004 Page 2 ..'" .. I . ) ..... ' ~ W,shinglon State ~r 'Department o' Transportation ArBttocal Agency Agreement Supplement .; Agency City of Auburn Federal AId Project Number ITS-2004 045) " Agreement Number LA.5717. . SuppJement Number 1 CFDA No. 20.206 (Cala or Federal Dome8lic Assistance) The Local Agency desires to supplement the agreement entered Into and executed on September 20, 2004 All provisions In the basic agreement remain In effect except as expressly modified by this supplement. The changes to the agreement are described as follows: ProJect Description Name City of Auburn Citywide Intelligent Transportation Improvements. Length Citywide Termini N/ A Description of Work 181 No Change Reason for Supplement To obligate money for procunnent ofIT equiplnnetlmaterials. Estimate of Funding Type of Work (1) (2) (3) (4) (5) Previous Supplement Estimated Total Estimated Agency Estlmated AareementlSunnl. Project Funds FUnd$ 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 - 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 .. .. . r.~ ~" 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 - 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 -- 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