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RESOLUTION NO. 4 3 4 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A PUBLIC WORKS TRUST FUND LOAN
AGREEMENT ` BEIINEEN THE CITY OF AUBURN (THE
CITY) AND THE PUBLIC WORKS BOARD (THE. BOARD)
FOR PROJECT NO. CP0611, M STREET NE/HARVEY
ROAD & 8T" STREET NE IMPROVEMENTS
WHEREAS, intersection capacity improvements at M Street NE/Harvey Road and
8" Street NE are programmed in the City's Capital Facilities Plan; and
WHEREAS, the City desires to rehatiilitate failing pavement on the arterial
network; and
WHEREAS, the pavement on M Street NE from 4th Street NE fo 8th Street NE is in
very poor condition; and
WHEREAS, the M Street NE/Harvey Road & 8th, Street NE Improvements will
reconstruct the roadway pavement on M Street NE from 4th Street NE to 8th Streef NE,
and construct improvements to increase capacity at the M Street NE/Harvey Road & 8t'
Street NE intersection; and
WHEREAS, the City applied for and was awarded a Public Works Trust Fund
Loan for One Million, Eight Hundred Thousand Dollars, ($1,800,000) at an interest rate
of one=half percent per annum on the outstanding principal balance for a 20-year
term; and
WHEREAS, the estimated project cost is Two Million Dollars ($2,000,000) and the
City would be responsible for a Two Hundred Thousand Dollar ($200;000) financial
match; and Resolution No: 4340 April 15, 2008
_ Page1 `
~
. WHEREAS, the scope of work for this Public Works Trust Fund Construction Loan,
identified in EXHIBIT 1: SCOPE OF WORK of the Public Works Trust Fund Pre-
Construction Loan Agreement, PC08-951-PRE-002; ahd
WHEREAS, it is in the best interest of the City fo use Public Works Trust Fund
Loan monies when available 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 accept the Public Works Trust
Fund Loan in the amount of One Million, Eight Hundred Thousand Dollars ($1,800,000),
in accordance with and in substa. ntial conformity with the agreement attached hereto,
marked as Exhibit "1" and incorporated herein by this reference.
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.
Secfion 3. Thaf this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of , 2008.
OF A
~
~
ETER B. LEVNIS
MAYOR
Resolution No. 4340
April 15, 2008
, Page 2
ATTEST: .
,
Danielle E. Daskam,
Gity Clerk
APPROVED AS TO FORM:
aniel . eid;
City Attomey
Resolution No. 4340
April 15, 2008
Page 3 ,
j PUBLIC WORKS TRUST FUND
~ CONSTRUCTION LOAN AGREEMENT
i
NUMBER PC08-951-002
City of Auburn
~ .
PART I: ENTIRE AGREEMENT
This agreement, and incorporated attachments~ contains all temis and conditions, agreed to by the
WASHIIVGTON STATE PUBLIC WORKS BOA.RD (referred to as the "BOARD") and the
City of Auburn (referred to as the "BORRQWER") and no other statements or representations,
written or oral, shall be deetned a part thereof. This contract includes ATTACHMENT I:
SCOPE OF WORK, which consists of a description of local project activities, certification of
the project's useful life, estimated project costs and fund source.s; and .4TTACHMENT II:
= A'ITOKNEY'S CER'iEFICATiQN: These. attachments are,.by tliis::refererice; incorporafed into
this agreement as though set fortli fully herein:
The PUBLIC WORKS BOARD and the BORROWER have executed this agreement as of the
date an:d year last written below.
PUBL C O S BOARD B .
~ K n der, ' si t' tor. Signature
Pe~-.e,Y~'3 L
Date ~-r Print Name ~
dY
Tifle
MAY = fi 2008
APPROVED AS TO FORIVI ONLY Date
; This bth Day of March. 2007 '
Rob McKenna
Attorney General Federal Taxpayer Tdentificarion Number
By: Signature on File
Andrew Scott
Assistant Attomey General
i . D
JuN 02 2008
-
PUBUC ~ ~oABD
csty ocauburn Page 3 3r24rz008
PART II: INTRODUCTION
This loan agreement is made and entered urto by and between the BOARD, or its successor,
and the BORROWER
Acting under the authority of Chapter 43:155 RCW, the BOARD has awarded the
BORROWER a Public Works Trust Fund loan for an approved public works project.
PART III: PURPOSE
The BOARD and the BORROWER have entered into this agreement to undertake a lacal
public works project that furthers the goals and objectives of the Washington State' Public
Works Trust Fund. Frogram. The project will be undertaken by the BORROWER and will.
include the activiues-described-in ATTAGE[MENT1 SCQPE-ORWORK-=The~project:must.be
undertaken in accordance with PART N: T'ERMS AND CONDTTIONS, and a11 applicable
state and local laws and ordinances, whieh by this reference are incorporated into this
agraement as though set forth: fully herein.
PART IV: TERMS AND CONDITIONS
The parties to this agreement agree as follows:
4.01 Rate and Term of Loan
The BOARD, using funds appropriated from the Public Works Assistaace Account, shall loan
the BORROWER a sum not to exceed $1,800,000.00: The interest rate shall be 0.500/o per
annum on the outstanding principal. balance. The term of the loan shall not exceed 20 years,
with the final payment due 7uly 1, 2028.
4.02 Eligible Project Costs and Local Rroject Sliare
The BORROWER pledges to use an amount of local fiuids as local project share of not less
than 10:00/o of the total eligible portion of the project cost not fiuadecl by federal or state grants
as identified in ATTACHMENT I: SGOPE OF WORK. The amount of the local funds will be •
verified at project closeout. Any inerease in the percentage of local funds may require an
adjustment in the loan amount or interest rafe:chaiged, or both Ttie interest rate adjustment
will apply to the remaining payments beginning the fiscal ye.ar of closeout. The BORROWER
agrees to execute the Certified Closeout Amendment as an amendxnent to this. agreement .
adjusting the loan amount or interest rate, as appropriate.
Eligible project costs must con. sist of expenditures eligible under WAC 399-30-030 and be
related only to project activities described in AT'TACHMENT I: SCOPE OF WORK. Only those costs incurred after execurion of this loan agreement can be reimbursed with Public
Works Trust Fund monies. Expenditures made up to twelve (12) months priar to the execution
of the loan agreement and verified at the time ofproject close out may be used as match for
local project share: cicy of Auburn Page 4 324n008
4.03 Disbursement of Loan Proceeds
The availability of funds in the Public Works Assistance Account is a function of tax
collection, loan repayment, and legislative appropriation. If fiuiding or appropriation is not
available at the time the_ invoice is submitted, or when the agreement is executed, the issuance .
of warrants will be delayed or suspended until such time.as funds become available. Therefore,
I subject to the availability of funds, warrants sha11 be'issued to the BORROWER for payment of
allowable expenses incurred by the BORROWER while undertaking and administering
approved project activiries in accordarice with ATTACBMEN'T I: SCOPE OF WORK In no .
event shall the total Public Works Trust Fundloan exceed 90.00 % of the eligible.actual project
costs. The BORROWER shall initiate a loan distiurseinent using a Washington State Invoice
Voucher form. The loan funds will be disbursed #o theBORROWER as follows:
Upon formal execution of this agreement;. a sum not to excead 200/o of the spproved: Public
- Works-Trust Fund=loaaz~may'be-disburseii=to--the-B(3RRO'YVER 1Vloni~s~shall=ni~t-be used-for
any construction oosts incurred prior to compliance with ExeEUtive Order 05-05 Archaeological
and CuItural Resources as referenced in Section 4.22 or Section 106 of the National Hisforic
Preservation Act, whichever applies to this pmj ect. ,
Upon execution of a Publia Worlcs Trust Fund Notice to Proceed, which follows the formal
award of a construction contract, and documentedcompliance .with Executive Order 05-05 Archaeological and Cultural Resources as referenced in Section 4.22 or Section 106. of ,the
National Historic Preservation Act, wtrichever applies to this project, a sum not to:excced 25%
of the approved Public Works Trust Fund loan may be disbursed to the BORROWER
• When the BORROWER certifies that 35% of the Public Worlts Trust Fund loan amount has
been spent, a sum not to exceed 25% of the approved Public Works Trust; Fund loan may be
disbursed to the BORROWER. When the BORROWER certifies that 60% of the.Public Works Trust Fund loan amount has
been spent, a sum not to exceed 25% of the app=oyed Public Works Trust Fund loan may be
disbursed fo the BORROWER '
At_the time of praject completion, the BORROWER shall submit, to the BOARD, a Certified.
Closeout Amendment::certifying the total actual project costs and local share.
The final Public Works Trust Fund loan disbursement shall tiring the total loan to the lesser of
90.00 % of the 'eligible project costs or the total of $1,800,000.00. The Certified Closeout Amendment shall serve as a contract amendmentdeteraiining the final loan amount, locai share
and interest rate.
In the event that the final costs identified in the Certified Closeout Amendment indicate that the
BORROWER has received Public Worlcs Trust Fund monies in excess of 90.00 % of eligible
costs, all funds in excess of 90.00 % shall be repaid to the Public Works Assistarice Account by
- payment to the ,Department of Communiry, Trade and Economic Development, or its
successor, within 30 days of submission of the Certified Closeout Amendment.
City of Auburn Page 5 snarzoos
4.04 Interest Earned on Public Works Trust Fund Monies
All interest earned on Public Works Trust Fund Monies held by the BORROWER shall accrue ; to the benefit of the BtORROWER and be applied to the eligible costs ofthe agproved project
Benefits shall accrue in one of two ways:
1. Reduce the aznount of the Public Works Tnist.Fund loan, or
2. Pay anypart of eligible project costs that are in excess of ATTACHMENT L• SCOPE
: OF WORK estimates, if there is an ovemm of project costs.
The BORROWER shall establish procedures to ensure that all monies received from the Public
Works Tiust Fund loan can be readilyidentified and accounted for at any time during the life of
tbis loan agreement Such procedures shall consist of the establishment of a separate fund,
,
-
account;-sub=aceount or=an other-methodmeeting, g Y eneFal ~ ~l ~ae ted aeeoux ' ..P_ _ rinciPles, In
event of ternunation, all principal, interest earned on invested loan principal, and accrued
interest payable shall be repaid in full within 30 days bythe BORROWER
4.05 Time of Performance
The BORRQWER shall begin the activities identified within ATTACHMENP I: SCOPE OF
WORK no later thann three (3) months after loan agreement exeeution. No later than Twenty-
four (24).months after loan agreement execution, the BORROWER must isswe a P.ublic Works
Tiust Fund Notice to Proceed, which follows the forinal award of a construction contract. No
later than forty-eight (48) months after the date of agreement execution the BORROWER must
reach project completion. FaiIure to meet Timc of Performance shall constitute :default of this agreement. In the event of
extenuating circumstances, the BORROWER may request, in writixig, that the BOARD extend
the deadline for project completion: The. BOARD may, by a two-thirds vote, extend the
deadtine.
The teim of this agreemEnt sha11 be for the entire term; of the loan, regarclless of actual project
completion, unless temunated sooner, as provided herein.
4.06 Repayment
Loan repaymenf installments are due,on July 1' of each year during the 207year fixed term of
the loan. The first loan repayment is due July 1, 2009. Interest only wiIl be charged for this
. payment if a draw is made prior to ttus date. All subsequent payments shall consist of principal arid accrued:interest due on July l' of each year during.the *p*nammg term of the loan.
Repayment of the Toan under this agreement shall include an interest rate of 0:50% per annum based on a 360 day year of twelve 30 day monttis. Interest will begin to accrue from the date
each warrant is issued to the ;BORROWER The final payment shall be on or before July 1, _
2028, of an amount sufficient tobring the loan balance to zera ,
The BORROWER has the right to repay the unpaid balance of the loan in full at any time or
make accelerated payments without penalty.
City of Auburn P1g6 6 3242008
The BORROWER 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 Washington State
Department of Community, Trade and Economic Development, or its successor.
4.07 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 delinquent.
Delinquent payments shall be assessed a monthly penalty beginning on the first day pastthe due date. The penalty will be assessed on the entire payment amount The penalty will. be
one percent (1%) per month or twelye percent (12%) per annum. The same penalty terms sha11
apply at project closeout if the repayment of loan funds in excess of eligible costs are not repaid
within 30 days as provided for in Section 4.03.
The B4RROW-ER askmowledges and agrees to the 'BOAIU Sri.ght, upoa delinquency=in- the
payment of any aiuiual installment, to notify any other entity, creditors, or potential creditors of
the BORROWER of such delinquency.
' The BORROWER shall be responsible for all Iegal fees incuired by the BOARD in any action
undertaken to enforce its rights under this section.
4.08 Loan Securi
tv
This loan is a general obligation of the BORROWER.
Nothing. in this section shall absolve the BORROWER of its obligation.to make loan
repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its
obligations under this agjeement.
_ 4.09 Recordkeeping and Access to Records
The BOARD, the BOARD's agemts, and duly authorized officials of the State shall liave full
access and the right to exarnine, copy, excerpt; or transcribe ariy pertinent documents, papers,
records, and books of the BORROWER and of persons, firms, or organiz,ations with which the
BORROWER may contract, involving transactions related to this project and this agreement.
The BORROWER agrees to retain all records pertaining to this project and this agreement for a
period of six years from the date of project closeout. If any litiga.tion, claim or audit is started
before the. expiration of the six-year period, the records shall be retained until all lifigation, ,
claims; or audit findings involving the records have been resolved.
4.10 Reports
The BORROWER, shall furnish the BOARD with quarterly progress reports, a Certified
• Closeout Amendment and other periodic reports at such times and on such forms as the
BOARD may require, pertaining to the activities undertaken pursuant to this agreement.
Failure to file periodic reports as requested may result in terntination of this agreement as per
Section 4.13.
City oFAubum Page 7 3242008
. 4.11 Indemnifica.tion
The BORROWER 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 &om the acts or omissions
; of the BORROWER or any of its contractors or subcontractors; or any employees or agents in
the perfoimance of this agreement, however caused.. In the case of negligence of botli the
BOARD and the BORROWER, any damages allowed shall be levied in proportion to the
percentage of negligence attributable to each party.
4:12 Amendments, Modifications. Assig,nments, and Waivers , BORROWER may request an amendment to _ this agreement, which does not iricrease the .
amount of the loan, for the purpose of modifying the ATTACBIlVIENT I: SCOPE OF WORK .
or for_-extending---the=time -of=performanee as provided -.for -i~~section~ -4.0-5: . Neiflier -this _
agreement nor any claims arising. under this ag,reement .may be transferred or assigned by the
, BORROWER without prior writtett consent of the BQARD. No conditions or.provisions of
this agreement may be waived unless approved by the BOARD in writing. No amendment or
modification shall. take effect until approved in writing by both the BOARD and the
- BORROWER and attacheci fiereto. 4.13 Termination for.Cause '
If the BORROWER fails to comply with the terms of this agreement, ar fails to use the loan
proceeds only for those activities identified in ATTACHMEIVT I: - SCOPE OF WORK, the
BOARD may terrmnate the agreement in whole or in part at any time. The BOAR.D shall
notify the BORROWER 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 the
BORROWER's obligarion to repay the unpaid balance of the loaa.
. 4.14 Termination For Convenience
The BOARD may- terminate this agreement in tlie: event that federal or state funds are no
! Ionger available. to the BOARD, or are not appropriated for the purpose of ineeting the
BOARD' S obligations under this agreement Termination will be effective when the
BOARD sends written notice of termination to the BORROWER. Nothing in this section
shall affect BORROWER obligations to repay the unpaid balance of the loan.
4.15 Governing Law and Venue .
This agreement shall be construed and enforced in accordance with, and the validity and
' performauce hereof shall be governed by, the laws of the 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 preyailing party is entitlecl to recover costs in accordance with Washington State Law (Chapter 4.84 RCV).
Ciry of Aubum Page 8 3/24/2008
4.16 Severabilitv
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 pravisions of
the agre'ement which can be given effect without the invalid provision.
4.17 Project Completion and Certified Closeout Amendmerit
The BORROWER shall initiate a Certified. Closeout Amendment when activiries identified in
ATTACHMEIV'T I: SCOPE OF W'ORK are; complete. The BOARD will supply the BORROWER
with the Certified Closeout Amendment docuxnents upon raquest.
The BORROWER shall provide the following information to the BOARD:
- 1. A certified statemem of the actuat dollar amounts speirt,. from all fund sources, in completing
, .
_ .
the project as described
. . 2. A certified statement that the project; as descnbeil in the Loan Agrcement's Scope of Work,
is complete and has been designed/conshucted to required standards.
3. Certification that all costs associated with the proj ect have been incurred. Costs are iricurred
when goods and serdlces; are received and/or coIiiract work is performed.
4. Provide status of perfortnxnce measwres icientified in ATTAGFIlVIENT L• SCOPE OF . WORK.
5. In accflrdance with 3eetion.4.03 of this agreement, the BORROWER wilfsubmit, together '
with the Certified Closaout Amendment, a request for a sum not to''exceed the loan amount
or refund of any excess loan, funds. Any final disbursement shall not occur prior to the
completion of all project activities.
6. Repayment of; excess loan funds disbursed to the BURROWER,must be made witlun 30
days of completion of the Certified Closeout Amendme;at: .
4.18 Coniractor Requirement '
The BORROWER shall be responsible to ensure that fheir contractor(s) are in compliance with
the Department of Revenue ancl the Department of Labor 8i Industries requirements. :
4.19 Audit 'Audits of the BORROWER'S project acti viti es may be conducted by the Municipal Division of the State Auditor's Office. in accordance with state law and any guidelines the Departmenf of
Community, Trade and Econoinic Development, or its successor, may piescribe.. Payment for
the audit shall be made by the BORROWER
c;ry ofA„bum Page 9, . 3r24n008
4.20 Project Signs
If the BORROWER displays, during the period covered by this agreement, signs ar 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
4.21 Nondiscrimination Provision
During the performance of this contract, the BORRbWER shall comply with all federal and,
state nondiscrimination laws, including, but not limited to Chaptei 49.60 RCW, Washington's
Law Against Discrimination, and 42 U.S.C. 12141 et seq, the Americans with Disabilities Act
(ADA).
In the event of the BORROWER'S noncompliance or refusal to comply with any applicable
nondiscrimination --law,_ atio~. l~cY, -tis h-...co~t~:.ma3~_be _Fescinded, canceled,_ or
'
_ ~ or Pa
, terminated in whole ar in.part, and the BORROWER may be declared ineligible for fiuther
coritracts with the BOARD. The BORROWER shall, however, be given a reasoriable time in
which to cure this noncompliance.
4.22 Historical and Cultural Artifacts _
Borrower agrees that Borrower is legally and financially responsible for compliance with a11
laws, regulations, and agreements related to the preservation of lustorical or cultural artifacts
and agrees to hold harmless the State of Washington in relation to any claim telated to such
historical or cultural artifacts discovered, disturbed, or damaged as a result of Bonrower's
. public works project fiinded under this agreement.
The BORR4WER agrees that, unless Borrower is proceeding under an approved historical and cultlual artifacts monitoring plan or other memorandum of agreement, if historical or cultlaral
artifacts are disEOVered during consiruction,. the BORROWE.R shall unmediately stop
construction and notify the. local historical preservation officer and the state's historical
preservation offiieer at the Washington State Department of Archaeology and Historic
Preservation (DAHP):
i
~ .
, The BORROWER shall 'require this provision to be contained in all contracts for work or
services related to ATTACHMENT I: SCOPE OF WORK. In addition to the requirements set forth in this agreement Borrower agrees to comply with
Revised Code of Washington (RCV) 27.44 regarding Indian Graves and Records; RCW
27.53 regazding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and
Historic Cemeteries and Historic Graves; and, Washington Administrative Code (WAC) 25-
48 regarding Archaeological E.xcavation and Removal Permits.
In addition to.the requirements set forth in this agreement Borrower sha11, in accordance with
Executive Order 05-05, coordinate with_DAHP, including any recommended consultation with
any affected tribe(s), during project design and prior to construction to determine the existence
of any tribal cultural resources affectedby the proposed public works.project. Bonower agrees
to avoid, minimize, or mitigate impacts to the cultural resource as a continuing pre-requisite to
~ receipt of funds under this agreement.
City of Aubum Page 10 3n4rz008
`
Borrower agrees to fumish to the Board copies of any monitqring-plan or agreement arising
from Borrower's coordination and consultation with DAHP or an afFected tribe.
Failure by Borrower to fWly comply with the reguiremeuts set forth in this provision to the.
satisfaction of the Board shall result in a suspension of loan disbursements or termination of
this agreement if not timely cured.
PART V: SPECIAL CONDITION
None
PART VI: SPECIAL ASSURANCES
The BORROWER assures compliance with allapplicable state and local laws, requirements,
unP .
~ and - ordinanee&~,as tlie3'_ Pettain : to . the design lementation, and administration =of the. .
approved project. Of particulac importaiice are the following:~
5.01 Competirive Bidding Requirements
The BORROWER shall comply with the provisions of RCW 43.1-55.060 regarding competitive
bidding requirements for projects assisted in whole or in parf with money from the Public
Works Trust Fund progtam:
5.02 Eli 'bi~ le_Project Costs
The BORROWER assures.compliance with WAC 399-30-030 which identifies eligible costs
. for projects assisted with Public. Warks Trust Fund loans.
City of Aubum Page 11 3/24/2008
ATTACHIVIENT 1: SCOPE OF WORK
PUBLIC WORK,S TRUST FUND C O NS T R UC ? 7 0 N L OA N PR O G R A M
PCO&931-002
Auburn
M Sfreet NE ! Harvev Road & 8th Street NE -
Sc,ope of Work:
T6e M Streef NE/Harvey Road & 8th Street NE.project wfl1 reconstruct,M Street NE from 4th
Streef NE fnBtL $freet NE, a seginent of roadway appro~mateiy 03 m7es in lengfh wifh four' - -
travel lanes. The: reconstraction will fix the existing poor gavement condition and fill in any gaps in
the sidewalk networls:
This project will also modify the intersection of M Street NF/Harvey Road & 8th Street NE to
optimize intersection efficiency and improve the level-of-service. At the west end of the
intersection, 8th Street NE has 2`lanes in the eastliound direction, a leffi turn only lane and a
right/through lane. The pcoject will add a third eastbound Uine at the iritersection on Sth Street
NE. The third lane will pr`ovide a,second eastbonnd throngh lane, optimizing the receiving capacity
on the opposite side of the intersection:
SCOPE OF WORK
PC08-951-002 '
Revised Performance Measures:
Describe how the success of the project will be nteasured Be sure to identify
how tJee change will be rneasured, the standard against which the change will
be noted, the amount of change that rs expecte~ and when the cltange will have
REVISED Performance occurred
Measure (For 1. Increase level-of-service (LOS) during peak honr traffic.
Constrnction and
Emergency applicants 2. Reduce the number of rear-end accidents
only):
3. Increase pavement condition to meet the city's minimum PCI standard
_
. How_is the Measnre to_be_Measured: Such.as reduce ou~t low b~20% or Reduce accidents Ly.S%
~ 1. Upon project completion, level-of service (LOS) wiII~increase from F to E during peak hour traffic.2.
: Upon project completioq the namber of rear-end accidents wiID decrease by 20% from the cnrrent
; average of 12 accidents per 3 years.3. Upon project completion, the pavement condition index will ~ increase from a rating of 32 to a ratuuig~of 100 to exceed.the ~'s minimum PCI standard.
When is the Messure goiag to be Measur+ed Such as measurement wJ! be accnratplighed after pro,rect
' corn
P.lelron or the end o a culur ear '
f.._.P~'~ Y
1. 30 Days after project completion A y
; 2. Upon project campletion. .
;
` 3. U~on pro~ect completion. _ ,
' Date PTsrineidto Complete Perfarmance Measnre
i 7%1/2011 .
SCOPE OF .WORK
Estimated Proiect Costs:
PC08-951402
.
; Engineerrng Report $0.00
; Environmental Review ` $10,000.00
_
; Historical Review ~ j $ 5,000.00
~ (Section 106 or OS-OS)
t .
; Land/ROW Acquisition ~ $100 000.00.
_
~ Permits $10 800.00
. ~
j Public:Involvement/InfornaaHon ~ $5,000.00 .
..._-$150,OOD:0.0..._
BicTDocamerifs ~
~ Construction $1~520,000.00 .
Other Fees ~ $0.00
~ I Contingency ` $200,000.00 ~
, .
i Other: , _ ...........~_0.00.--a
~
; .Oth.er: ; $000
~
j Other: $0.001
Other: r--. $0.00~
,
TOTAL EST7Mt1TED COSTS '
~ ~ $2 D00OOA.00
SCOPE OF WORK
PC08-951-002
Anticinafed Fnndin$ Sonrces: ,
_ _ _ . _
Grants and Other Non=M~ching Funds
_...._._...~.._._.~.._.~.-..~-_.~...._~._..~._..~...-_~._.T..~____. ,
i Grant #1 ~ ~ $0 00
j Grant #2 ~ ~ $0.00
: ~ Grant #3 ~ ~ $0.00 ~
_
_ _ _
~ Other Grants ' ,
~list sourcesL_ 50.00
. _
. i Totgl Grdnts ' 0..00 ~
_ . _ . ;
. . LnuRS . . _ _ ` ~ _ _ .
TJiis PWTF Loan ~
: i i Public Works Board ; 51,800,000.00 ;
~ Request ; . . ! i
~ Other Loan #1 ~ $0.00 ~
~ i Other Loan #2 i ; $0.00 j
~ OtherLoans : $O.OO,i
I ~list sources) _ _ _ ~
Total Loans $1;800,000.00~
~
• - _ - '
Local Revenue ~
_ _ ~
_
~ Source #1 ~ Traffic Impact Fees ; $200,000.00 j
.
_ . _ . . . _ . . . . _
~ Source #2 ! $0.00
._~..._._______._.____T----------:-. _
i Source #3 ~ j $0.00
~ .Other Local . I
! Revenue (list ~ 50.00
! sonrces ~
Total Local ~
' _ $200,000.00
Revenue 4
.
~ Other Funds ' . . 50.00
( Funds . L ~ ,
Tota[ Other ~ t ~ . . s , . ~ , $0.00 j
;
, , . ~ ~ . .f . - r,;'r~ ~
_ .
.
~ Sum~ Totals - ~
_
Total Fundin r ' ~ E~" $ 2,000,000 00
~ ~ y
SCOPE OF WORK
PC08-951-002
Calculating Local Percentage:
Note: Grant funds cannot be counted as local match.
Calculate as follows:
Total Local Revenue
pWTF Loan + Total Local Revenue = Local Percentage 10.0%
. The local contribution must be at least:
Five percent (5%) for a Loan interest rate of 2%
Ten pacent (10%) for a loan interest rate of 1% '
Fifteen percent (15%) fora loan interest rate of 0.5%
. ,
A'TTACHMENT II: ATTORNEY'S CERTIFICATdON
Pablic Works Trust Fund
I, J)A 01 Ch hereby certify:
I am an attorney at law admitted to practice in the State of Washington and the duly appointed
attorney of the City of Aubum (the BORROWER); and
. :
I have also examined any and all documents and records which are perhnent to the loan
agceement, including the application requesting this financial assistance.
Based on the foregoing, it is my opinion that:
1. , The BORROWER 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 BORROWER 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 currentlyno lidgarion in existence seeking to enjoin the commencement.or
; completion of the above-described public facilities project or to enjoin the BORROWER
from repaying the Public Works Trust Fund loan extended by the DEPARTMENT with
respect to such.project. TheBORROWER is not aparty 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
; 1i " tion plicable to the BORROWER.
MAY - 8 2008
Signature of Attorney. Date
-B- t~er 2C-
Name s.Gl- /`1 J9-i N 57 -U B4
~~tJ, l.•l1~ l
Address