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R-2007-068 Washington Public Works Trust Fund Loan Application (re: railroad grade separation - Lincoln Ave & Martin Luther King Jr Blvd)
RESOLUTION NO. R-2007 - 68 A RESOLUTION to authorize the City Manager to execute applications, certifications and agreements pursuant to an application for a construction loan from the Washington State Public Works Trust Fund in the amount of $3,000,000 for Grade Separation Project improvements to Lincoln Avenue and Martin Luther King Jr. Blvd. WHEREAS, the City of Yakima has determined that railroad grade separations are needed at Lincoln Avenue and Martin Luther King Jr. Blvd. for health, safety and well being of the people; and WHEREAS, the cost of construction of these grade separations are eligible for Washington State Public Works Trust Fund loan financing; and WHEREAS, the amount of local match funds provided will allow the City a generous interest rate of 0.5% on the $3 million loan; 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 NOW THEREFORE, the City of Yakima 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 satisfactory to both parties; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manger is duly authorized to sign the application, loan agreements and amendments, and other documents relating to the Grade Separation Project for Lincoln Avenue and Martin Luther King Jr. Blvd. for the 2007 - 2008 Public Works Trust Fund loan program. ATTEST: ADOPTED BY THE CITY COUNCIL this 1st day of May, 2007 City Clerk David E.ler, Mayor 0 gtc, JTAcT- at c?8 •• „,..„ APPROlItTWASJTOFORM ONLY Date This 6th DaY761Mareh,"2007-:;,-- , 0 0 I -3 • I . -• • •-• • Taxpayer Identification Number • By: Signature on File Andrew Scott - - Assistant Attorney General CITY CONTRAC f NO: RESOLUTION NO. 1:_zyg"..g1:_kf Tsir, (1,7 r Tr7u [—\\, r 1.i JUN a zoo L3) c-ctur vv707t„. Or PART II: INTRODUCTION This loan agreement is made and entered into by and between the BOARD, or its successor, and the BORROWER. Acting under the authority of Chapter .:'41155 .'"",ROW. the BOARD has awarded.. the:, -- - BORROWER a Public Works Tiiisf Fund loan for an approved public works project. PART III: PURPOSE' • _ The BOARD„ and the':-,'-BORROWER-'--lia‘te•ifitqre'pinto this agreementAo uridertake a local public works project that furthers the goals and objectiye:s of the Washington State Public Works Tit;st Fund Prograrn. Tlf&J'projecy*ill"be*dertaken by.„,the'BOAROWEit*d will include the actiythes described in ATTACHMENTAA: SCOPE OF"WORKg-thetiroject Must be •- undgrfakeiv:40,accordaneg•,4ith'MART IV: IERMS AND CONDI1'EONS. and all applicahle state and Idelati; aws and ordinances, which hv thisNreference:rfare incorporated,- jnto this „ - areemeifl as thoughset forth fully hercin. PART -IV: TERMS ANIXCONIDITIONS '' Y"- -'4''',''-w,,k•-';'-_--,,,-",., 7,.,ti`::',1,7:4 Theljarties?td.thiS'agreeMeritLagrce as follows: "--"-A-.-• '., '''.:-.. •''''' ...3> ' ::-.,•,-.. '' - '' - ..-,-:•, -.,,,,i,.., ,..,...,,,,,-,....: ,,,,..,.„, :i-',.-. •,'„-••„..;,..-- ,--7,-----.•,•-.--::, ---,..--- -',,.--,.-,..; '',.5.::. '-'---';'•,4. z..W- ,,,,..:".-•:':-• -,"-,,-.-. : '' ' 4.01; Rate.4ndTeiiiii5f Edam,. - ----r--,-- The BOARD, usirig'furiOs appropriated from the Public Work.i',',Assistance Account, shall Joan the 44ORROWEk'a sum not to exceed $3,000,000.00. The interest rate shall be 0.50.4*r annum- on the outstandingprincipal balance. The jeriti:.601:15Idan shall not exceed 20',Years, *ith'the::final payment due July ' -.- 4.62: Eligible Project COSts,,aridIocatPtojecfSfiare TFVZ The BORROWER pledges to affatnount of local funds as local Pipject'share Of not less than 15.0% ofthe total eligible portion ofithe project cost not funded lif-federal'-'or state grants as identifie'd:in ATTACHMENT!: SCOPEz.OF--WORW The amount orthe,local funds will be verified at project closeout. Any inCrg4minAlle:perceipgeraloc,"*nds may require an adjustment in the l9Ap amouii0r,4iptctest-f*Aia:fgalbt!both,,Theinteresfrafe adjustment will apply to the remaining paynientSi.degiftritilg*'-:fikgetc-iif closebttCc The BORROWER agrees to execute thc;Ceitifteclgoseout Amendment as an amendment to this - agreement adjusting the loan amount or interest rate,-- as appropriate. Eligible project costs must consist 6rekiiendittires-etigibie under WAC 399-30-030 and be related only to project activities described in ATTACHMENT I: SCOPE OF WORK. Only those costs incurred after execution of this loan agreement can be reimbursed with Public Works Trust Fund monies. Expenditures made up to twelve (12) months prior to the execution of the loan agreement and verified at the time of project close out may be used as match for local project share. • , 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 funding 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 .unti1 suchatime:as„funds become available. Therefore, subject to the availability of funds',ry warrants shall be issued to the BORROWER for payment of allowable expenses incurred byhy the.;BORROWER,,;while undertaking and administering approved project activities .iniaccordan'ce w,ithxATTACHMENT I:.SCOPE OF. WORK. In no event shall the total Public Whiks Trust; Fund. loan exceed 85.00 °./.9 of the,eligible actual project costs. The BORROWER'' shall initiate'aloan''dist ursementi;using: atWashington State Invoice ,to'kthe_ BORROWER as follows:; Voucher form. =The loan funds will be :i Upon formal,execution of. this agreement .. >, , ,.......=„;riot _ 20% oto .`exceed: of tfic�;'approved Public Works/rust Fundw.loan'may be disbursed_:to;the RORROWFR `..Monies shall. not be used for any constructionrcosts incurredaprior to compliance with,Er9„,,,utive-Order'05=05 Archaeological„ .3r, �e. ,,, .,..;.:�r. , ram"<;, ,,.. ,_ .- .�• ,:� ^ a '? :.':' �,; .. ,_ ;,` i:: �r'"�• andwCultural Resources'.asirreferenced''viii; Sections.4 22 or ;Section•1106 of the National a-Iistoric Preservation�Act. whichever applies to this projec pon":execution `of a Public :award of aconstruction; contr Archaeological and Cultural National 11 iStoric Preservatiot ofttie approved Public W'or en thel BORRO en spent a sum not to;excee isbursedtokth&BORRO When,the BORROW been spent„ a`~sum,'not to`exceed 2 distursed,'tothe .BORRO WER- Works Trust :Fund :;Notice to Proceed act, sand'. documented: compliancew esources_:asareferenced;in Se tion ct,'whichever:applies`to'this project rust Fund :loar maybe disbursed totl which follows' the fo'`rmal'r. l Executive Or�`der 22, or Sectioni`:! 06 oftthe alum "not to, exceed 2'5° e BORROWERbM At the'time of project completion, the BORROWER"shalI° subtr t ,,to:,,the":BOARD; a Certified CloseoutaAmendment certifying the total actual project costsandjocal'share' The final Public WorksqrustwFund k an;disbursement,shall;a ring.thetotal loan ,'the lesser, of 85.00 % of the 'eligible project -costs, or-the=lotalof $3W00,00000. The.,.Ceitified Closeout . Amendment shall se'rve,as a contractamei dment deterri ming the final loan'amnount, local share and interest rate. In the event that the final costs' identified in the Certified Closeout indicate that the BORROWER has received Public Wks Trust°°Fund' monies in excess of 85.00 % of eligible costs, all funds in excess of 85.00 % shall be repaid to the Public Works Assistance Account by payment to the Department of Community, Trade and Economic Development, or its successor, within 30 days of submission of the Certified Closeout Amendment. 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 BORROWER and be applied to the eligible costs of the approved project. Benefits shall accrue in one of two ways: 1. Reduce the amount of the Public Works Trust Fund loan, or 2. Pay any part of eligiblep oject;costs tt atace=in:jexcess'of:„ATTACHMENT=I: SCOPE OF WORK estimates if tfiere is an overrun of project; cos The BORROWER shall'establish`~proceduresg ti ensure th a monies received=from the Public at ll` Works Frust Fundaloan. can;be readily ;,,e ''J -<,;.=mow;:.. x ri .. _ �ideritified�and�acco �` ` ��'�'"��� y e,, , _, uri,,f for - any fimebduring�the life:' - this loan '-,-:&,, ;. ,. �,y ;, -•;,,,-t, �.:,, _ . ... ,....,� .-:.: ,,., ,,.agreemnt Such procedures,„shall consisof thelestablrshmentgof'a sep rate hind; account. sub-account,or°any other method meeting generally accepted accounting principles. In event of termination al :a.: ° . .: - pr m, .,;, l�principal, interest�;earned'aon hive ted°loan rim i ' f "�'' �.�.. ,;.�,_s P. �Pal��and .accrued interest payable;shall;ri=full be repaid iwi �._.... y.. sip QRRO:WE 4:05 Time of Pe The:BORROWER shall 15e WORK no later. than three four -(24) monttis'after'loania Trust FundNotice=to.Procee� later than forty-ekglt (48) mo reach project coniplerion:a; e :activities identified withinywATTACIMENT<I: SCOPEG;OF months after loan agreement execut on ri No 1`atert antTwinty- cement execution, the BORROWER must issue a Public Work.. which follows the formal award ofra constructionontract. `No Safter the date of agreement execution the BORROWER must Failure to`meet Time.of�Perforniance shall constitute default oftliis°agreement. In the event of extenuatin circumstances the BORR ' & ' ” g VJER may reques°t=iii.vvritirithat,thexBOARDµextend the deadline for project'.com'leti n , .d....... n p o 'The"'BOARD :ma :.,p" artwo=thirds vote extend the' deadline:” The -term of this"agreementshall be ;for the:=entirepterm -of, the °loan k`re completion, unless terminated sooner;as piovidedherein:"°` 4.06 Repayment actual project Loan repayment installmentsare,.due or140 y l s,`; offeacfi year;,during the 20,=year fixed term of the loan. The first loan+repayment'-rsdue July 1, 2009- hAnterest only will charged for this payment if a draw ismade'priorto this date. All subsequent payments' shall:;. consist of principal ..y n_., and accrued interest due:on July 1 cif each year, during; the. remaining -term of the loan. Repayment of the loan under this agreenientShall include an interest rate of 0.50% per annum based on a 360 day year of twelve 30 day months. 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 to bring the loan balance to zero. The BORROWER has the right to repay the unpaid balance of theloan in full at any time or make accelerated payments without penalty. • 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 ofCommunity; Trade -and Economic Development, or its successor. 4.07 Default in Repayment„:„ • Loan repayments: shall -be, 'Made on.theloatijii'accbi:37.7:7 ith Sectiott 4:06 -of this agreement. A payment not received -yvithilkhirty,509Ydan'Ofilie,-clue dafeish.all be declared delinquent. .. .. ,r,:,;75.. _ . . ,'-',L•z• Delinquent paymet*„041$6.,'taSsOSd,a,,n-iconthly penalt50egirmirtg ori the first (1') day past • - • .,/,--v-- -,--,v-,/,, -- /6)-:•,,,-,-;/z4,,,,:,,--,,,,,. the due date. The;j5enaltS*ill beYasseed'On'the'eRtirepaYitieof amounC'The penalty will be. .r,.,-;;;;;,,•,• one percent (A%) per mbilth--o-r*elyezpercent(12°41per afirlum.•:::',iyhe sana9 periatty terms shall ... - , - - .4.iz,,,, • ,-,,,,,-; apply at project C1Oseoutifthe.rebayMehof lowipfutids in OXCess'Of eligible costs ai:&,.tiot repaid -,,,i..,,,,,,, - '--',"'-k, '-'' ,--/,,,,, ,,,.:.-; -,';.;:,f /44'i•,,,,^ ,,,,14,,,V ',,e;1,. within 3.0:days;ws proyidechfor in Sectiott,k0I-1''' ,,,F':^.''' ','!'i,,'''. • ' :Ag; ' ; -'''€1,:- - - ' ' - • :4'0 ,,,,a; Pf.- :, , -,-1. :',,, • '.,r,,,A„ The .:BORR:OWEItackikWiedgekand,agteers441ieBOARO, ',,:righOttpot,ts#11-144,06y..,?litlthek-?;-- - ent oe's-V,'-'ann--‘ ItCstilin'eIii:,...f.s.'-n%-tif,-/an,agee4n-ti'lreditlii•S' bi;p'bielitialVrtOitA:,of PaYjn ..,,' -,-,,•*,,2-,•. " . ''''''''''.'5,,:, ""'"-;4;'4Z'' . 'tv4.7 :,.- ' V.:;:%,,. •‘*.''',,, - '',,'"4, Y.,, the;'BOOONt ,,,--6,*i-04,7. din' tietfey..,,.. .1-''';'lle.B„011itONVEWs -res ii4itilefor all legal fees -inetitte e7B0 ,Jindeitaken to enforce its,fightsAiiider this section. . _ . 44, "•';' 4 .68;• LOalVge6in , This',1oaiiis atei-YeriLobligattoh,,,of the BORROWER. . thing , -4R this ,sectiorOshall;',::ah-Solve the BORROWER4,-rof4tsobligatiorr.to make .!-lba Obligations iitider this. agreement. — '-'repaymeritswheh'due. and to adjust rates, fees, or surchargcs. if necessary. -,.!,to meet'? it , 4A:19 Access Records f')•iV • The'bOARD,46-.BOARli,*ageritsSand duly-•-atithbrize o the State sahave full acces-4tid the right tco,ekatiline, copy., es:C'etpt, or transcribe any pOtinentkclOturtienfs;•-•papers;.--,::: records,"Wild boOks of:the BORROWER -and ot peii-* fir#1s,*9rg4qi44tiqpsy.{4h,eilch the • BORROWE,R• may contract. involving tia'ris'actipos:,,related to this project and lhis green nt. The BORROWER/agrees to retain all ietok1S§,13-effathitig!tbhis''Objett and:-.-thiag-i-eeilient'for a period of six years from the date"CifiLitokatloseptif.k4i')4itig ation, claim or audit is started before the expiration of the six-year period, the records shall J)ek•retainectuntil all litigation, claims, or audit finding§,:ipv,olviiig'ilieTecords.havA been,1rescihied. 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 termination of this agreement as per Section 4.13. 4.11 Indemnification 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 persons4orlAngible:propelly,,,arising from the acts or omissions of the BORROWER or any of its contractors or subcontractors, or any employees or agents in the performance of this agreement, bowdVefi'eafged.,-In,,the case of negligence of both the BOARD and the BORROWEK;?4,-"-Tira:4041.10wed,-SWI'15e,,Ipvied in proportion to the percentage of negligence attributable to each party. : 1:7 - 4.16 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. 4.17 Project Completion and Certified Closeout Amendment' The BORROWER shall initiate a= Certified: 4.20 Project Signs If the BORROWER 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. 4.21 Nondiscrimination Provision During the performance°of: tlu"s 'contras estate nondiscrimination laws, including, Law Against Discrimination and"42 :U (ADA) the.,BORROWEW,shalL,coinply,with all federal and if not`'limited to`Ghapter49.60 RCW, Washington's 121,01net seq,-,the Americans with Disabilities Act 11 In the ;event of'the BORRO_WER'S noncompliance` or re',,,comp;r. fusalYfoty==withany applicable nondisc I w' 're lation or olio..,,,,,,,,?. -,,,,,7,5,. -is riniinatiori; a , = "gu-{atluswcontract" iriay be *rescinded canceled, or:. terminated'inEwhole=.or..;:in'part, and.#'tli BORROWERi'ma be•-declaredlineligib e�•for, further Y: I.. ith the BOARD The ,BORR WE eye ' e contracts w O Rshall; however; be -given a reaisonable time„in which to cure this no - ` . %ncom Y Bance:' :W P _ . u .p. ,r 1Historical and Cultur orrower:a gtesthatBorrower,s legally and financially resp``✓osibte_n`,':for coirpliance`with,;;`,..a ll , awsregulations. and agreements related to the preservation oI historical or: cultural: artifacts rd=agrees 10 hold harinless the State of Washington in relation;to"anyclaim related to such istorical±:;nor eulturalk artifactsyrdiscovered, disturbed, or damaged asy a result 0,,Borrower's ublic woiks project`=fundedj£urider this agreement. The BORROWER;agreesthr cultural artifacts"* or ifonn art' ifacts w are;�M discovered: 'durin rn construction'` andriotif; preservation _ollicer.: ▪ at Preservation (DAHP). s. orrower is proceeding underan�approved historicalrand er:memorandum.of:agreeirient i,;;;historical or.;cultural' construction, the a BORROWER. shall:.. immediate) " stop ie.=.local historrc,d preservation ;officer <and the .state's ;khrstorical ashington,;Statew-:Departmenp:otArchaeology? arid: Historic The BORROWER 'shall, require this provision 4oe~ c :bontain services related. to ATTACHMENT 1 SCOPE OF"WORK: al contracts for work or In addition to the requirements set=forth in this agreement Borrower agrees to comply with Revised Code of Washington (RCW) 27.44 regarding Indian Graves°and Records; RCW 27.53 regarding ArchaeologicaPSites;and.Resources, 4RCWr686• 0 • regarding Abandoned and Historic Cemeteries and'Historic :Graves; and, Washington Administrative Code (WAC) 25- 48 regarding Archaeological Excavation'and-Removal Permits. In addition to the requirements set:=forth in this agreement Borrower shall, in accordance with Executive Order 05=05, coordinate with DAHP, including any recommended consultation with any affected tribes)»,during.project design and prior to construction to determine the existence of any tribal cultural resources affected by the proposed public works project. Borrower agrees 4 to avoid, minimize, or mitigate impacts to the cultural resource as a continuing pre -requisite to receipt of funds under this agreement. Borrower agrees to furnish to the Board copies of any monitoring plan or agreement arising from Borrower's coordination and consultation with DAHP or an affected tribe. Failure by Borrower to fully comply with the requirements set forth in this provision to the satisfaction of the Board shall result,yin° a7suspensionrofyloanq disbursements or termination of ;:this agreement if not timely,;; cured:`_ PART V: SPECIALCONDITION PAR'I`S VI:• SPE'CIA-LASSURANCES �. �s>�r:G^".- �':3;^ 4H 'wa_.- >> ��:r.�x�,^-•'�;}x: ;.r:,:^'` �,�:«?:' z" "�:', - � - '?'it' 4.�m-. ;.3,>, .a.<>� v`. .¢i?,:•«i: =`���-�.'���".. - ..au'.✓"��Xr:- =b, �. max..,,. �- -'A.'. •`''0'fM:. - W;%•^ `.,W;',,;'y +n 5..:•M?'.,.:;_,':�; `°-,.s �.<.�ynr .=:�'.:aY n.''r"_ _ µi.G,cr ,..1;,tN%! y =.The!;BORROWER a sures corn`l anceswith all'`apl cable state=and"local laws requirements, w.8:,, 3.;. ' ., p ye.;µ .. P ,.<. : 4 ; and` ord trances as they,.pertain to" the design. ximplementation. hand`' administrationt of the approved project.Of panc�ular-.importance are<the following K -- om etitive Bidding, Re uernents OWER'shallLcomply=with theprovisioris'of RCW: ng cequirenierits ..for„.prbjects assisted in whole :or :in:_r s- Tust Rind-13TO :060 regarding'competitive lis money`fron the•Public 1 B.ORROWERR"assures'icompliance`_uwith WAC 3' for `projects assisted with Public'' Works`Trust Fund loa identi f jc ; ehgi ATTACHMENT 1: SCOPE OF WORK PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN PROGRAM PC08-951-052 Yakima Railroad Grade Separations -Lincoln Ave/Mlk Jr Blvd Scope of Work: The following items fare estimated qua—Whiles prior to final plan preparation. 10,000 tons of crushed surfacing base course 4,600 tons of hot mix asphalt; 44,000 square feet of interlocking concrete pavers; 78,000 square feet of diaphragm wall; 33,000 square feetof concrete fascia;-- 7,000 ascia;'7,000 square yards of prefabricated drainage material; 2 each of railroad bridges; (BNSF.Mainline Bridges) 2 each of vehicle bridges; (Front Street Bridges) 7,500 linear feet of storm sewer and underdrain pipe, 6 inch & 12 inch diameter; 2 each of pump stations for the stormwater runoff; 3,000 linear feet of ductile iron pipe for water main and fittings, 4, 6, 8, & n12 inch' -diameter; 1,500 linear feet of pvc sanitary sewer pipe, 8 inch diameter; 6,300 linear feet of cement concrete barrier curb and gutter; 3,500 linear feet of concrete barrier; _ 4,700 square yards of cement concrete sidewalk. SCOPE OF WORK PC08-951-052 ;Revised PerformanceMeasures ecess of,the ojeet will be-meaBeured Bsurertoi Deseribehow,thelsupr ho idenh k ngll measured, the�standard 'a Ong the change will "w$=the,chaet.H i be �Jybe noted,'the amount of change that Ls expected. ond,when„ %the ehonge.will,have lei, } {-`r ap ti 15 'F', tx t,�S; ,� t i'Si' �. t„ in':.`Y' S,, occurreU.' b the ni..' � " YT$'f' " s, ;.uF'`,�3: ,; '� �r �° 5. So REVISED Performance` lz= � ` „:s Measure (F4or Constructionancl{` r~ :.,e a,,e, ' "Engergency:;applicants, ',:' ;...; _-#° 1. Interruption to traffic flow will collectively decrease from one hundred (100) minutes per crossing location per day to zero (0) minutes per crossing location per day, representing a 100% reduction in traffic delay. 2. Carbon Monoxide levels within the project limits will be reduced from -' - 3800 grams per hour to 3400 grams per hour. (This is a projected 10% reduction) _ 3T. -„Traffic accidents caused by train delay and cross traffic congestion within `the project limits should be reduced from fourteen (14) collisions in three years to virtually zero (0) after the completion this project. . _ � - ..: •Y.Ar, .�.. ...E ..ar =Hoi4.1SA he Measure°torberMeasured '` :"Suc/i as'reduce: outflow by ZO% or Reduce:accidents 6yr5%:;: a; 4 1. This will be compared to past traffic studies of existing delays. 2. The Yakima Regional Clean Air Authority provided prior CO levels to the Yakima Valley Conference of Governments, (YVCOG). We will use this same process after construction. 3. The Yakima Police Department will maintain and measure a collision data report that will be provided to the Washington State Patrol (WSP) on an annual basis. ends the'Measdre` easure ,: ,.-r 35.3%'<9 .'�' „f:. Ejn:..:.E:..e.:' '�:':). uc.asmeasurement AwrU:be gccomph hedafter; completion or,by tl%e end, of a partreular yearA; 1. Upon project completion- 2. Upon project completion 3. Upon project completion :Date<Planned;:to,Complete Performance`;Measure- 6/30/2010 SCOPE OF WORK Estimated Project Costs: PC08-951-052 rIVS*;›,,F,Sk:r:T ConstructionOtherJFees „ Contingency Othe Construction Engineering Other: ,••• $ 5,000.00 $ 2,880,000.00 $ 50,000.00 150,000.00- $1,650,000.00 $24,790,000.00 Other: $0.00 $2,600,000.00 $ 1,950,000.00 TOtAL:EST11161. TED.COS TS h $ 0.00 $0.00 4;9500:0)0.0 SCOPE OF WORK PC08-951-052 Anticipated Funding Sources: a ' r. 0 - In' ..."." "'' -., Ou' rce, '4•!,,,fte , '. ,:l. ' : 1.04'"v, L''; itf' ,ti ' ihilliiii Grants Grant #1 FHWA $13,700,000.00 G rant #2 FMSIB . $7,000,000.00 Grant #3 TIB $5,000,000.00 Other Grants (list sources) , $0.00 Total Grants ' p "j, ', 't `.,..,5' '.' -`4 ' .::, - ' - '- '- , --,-, -'---1- $25 700 000 00 -:„.,,,,.. .1 1 ,- Loans -: -._:1-1" This PWTF Loan ' Public Works Board Request $3,000,000.00 Other Loan #1 _ . $0.00 Other$0.00 Loan #2 , , ' Other Loans (list sources) $0.00 Total Loans ..;,,.,: Afr -' T.. - - :.-.,-..:•--_, .: '-.;-'; -'•' --- $3,000,000.00 Local Revenue Source #1 BSNF - ---'-: -' 1-. -,----1:: $1;700,000.00 Source #2 City of Yakima - - =- .---,'-'-','----"'-- ---- :.: - ''''f .-f-' '..'''; 7- '.:.Fir77....fr------- $2 000 000.00 - 9 • 9 Source #3 - L .-4'.-.i.:,. - $0.00 Other Local 1 Revenue (list sources) ...: , ' - $0.00 Total Local Revenue .. 1 - ''' . -,2 , .4' $3,700,000.00 Other Funds TIB/FHWA/Local = -.. $2,550,000.00 Total Other Funds .,,, S2,550,000.00 Summary Totals Total Funding VA',P731*7 $ 34,950,000.00 • • • • -. SCOPE OF WORK PC08-951-052 Page 5 Calculating Local Percentage: Note: Grant funds cannot be counted as`local'matc Calculate as follows: Total Local Revenue PWTF Loan + Total Local Revenue The local contribution must be at least: Local Percentage 15.0% Five percent (5%) for a loan interest rate of 2% Ten percent (10%) for a loan interest rate of 1% Fifteen percent (15%) for a loan interest rate of 0.5% I ATTACHMENT II: ATTORNEY'S CERTIFICATION Public Works Trust Fund I rec./ (,ate 11_'` ===' 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 Yakima (the BORROWER); and • I have also examined any and all documents and records which are pertinent to the loan agreement, including the application'requestng.this financial assistance. Based on the foregoing, it is my opinionsthat: I. 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 currently no litigation 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. The BORROWER 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 limitations applicable to the BORROWER. 1/74 Gam+ Signatof Attorney % // Pity rt 0 it - Nam( 1/)Ytn Address Washington State Public Works Board Public Works Trust Fund Loan Application Packet 2007-2008 Eligible Jurisdictions Eligible Systems Counties Cities/Towns Water Districts Sewer Districts PUD's Other Districts (excluding Ports and School Districts Bridges Roads and Streets Domestic Water Systems Sanitary Sewer Systems Storm Sewer Systems Solid Waste and Recycling Systems PWTF Programs Construction - Submit one 1) original and four (4) copies Pre -Construction - Submit one (1) original and four (4) copies Emergency - Submit one (1) original and one (1) copy Planning - Submit one (1) original and one (1) copy Due Dates May 7, 2007 5th of the Month 5th of the Month 5th of the Month Maximum Amount $10,000,000 $1,000,000 $500,000 $100,000 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.gov. For information about other financing programs, please visit the Infrastructure Assistance Coordinating Council's (IACC) website at www.infrafunding.wa.dov (developed and maintained by the Transportation Improvement Board). ''�'` I TABLE.OF C'O�NTE�NT a lllHpf eF .:� — �APPLICATIION FORMS AND INSTRUCTIONS~ — III IV dtli - - �" 'a^ ;�° ���'� P z " Gn,„ ul� IF F i F+ _ �N^ lL, II N. Helpful Hints. Instructions 5 4 Section1: Applicant Information 7 Section 2: System Information 11 Section 3: Project Information 15 Section 4: Project Need/Solution 21 Section 5: Local Management Performance 25 Attachments Applicant Certification 30 Preparer Certification 31 Application Checklist 32 —3— This is a highly Competitive Application Process Please review these helpful hints • 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 Month/Year • 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 • Planning staff (potential GMA issues) • 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 • Do not submit pages 1-6 (These are informational only, and do not need to be submitted. • It is not necessary to place applications in binders or covers. Simply double -sided copies and stapled is fine. INDIVIDUAL PROGRAM APPLICATION INSTRUCTIONS Please review before proceeding onstrduct on Applicants (Oom,pet" wetywScore°d 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 Part C Applicant Certification Certification by Preparer of Application Attach Project Map and any relevant resolutions or ordinances Pre -Construction 0" o'.licants; �opetitivel W Score u' ^. 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 Part C Section 5: Local Management Performance Part A Part B Applicant Certification Certification by Preparer of Application Attach Project Map and any relevant resolutions or ordinances SScoring es Pets/Fail No Pornts'Awardedl). ,. 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 Part C - 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 Project Map laninino.A pIlea ntsAiScoreng os Pass/Fail . Poin ts�Awariled� Section 1: Applicant Information Section 2: System Information Section 3: Project Information — EXCLUDING Performance Measure Section 4: Project Need/Solution Part A Part B Part C — REQUIRED BUT NOT SCORED FOR PLANNING PROJECTS Applicant Certification Certification by Preparer of Application - 6 - Sections Of Applications And Attachments Necessary For Submittal Of Each Public Works Trust Fund Program application Section 1: Application Informatioi Section 2: System Information Section 4: Project Need/Soluti -7- Section 1: APPLICANT INFORMATION APPLYING FOR: (Check Only One) ❑ Planning ❑ Pre -Construction Construction ❑ Emergency Borrower: City of Yakima Municipal Corporation Agency (MCAG) Number: Federal Tax ID #: Street Address: Mailing Address: State: County: 0 8 5 7 9 1 - 6 0 0 1 2 9 3 129 No. 2nd Street 129 No. 2nd Street WA Yakima Zip Code: 9 8 9 0 1- 2 6 1 3 Yakima Congressional District: 4th Legislative District(s): 14th Has the local government experienced severe fiscal distress resulting from a natural disaster or emergency public works need in the past five years? ❑ YES NO If "Yes," describe the event, when it occurred, and the fiscal distress it caused. -8- APP 'ICANT INFORMATION (continued The following are Threshold Requirements Please Review Before Proceeding, #-- .. ,..h S,':i• 4 e Jw W IPr'P a p 4'4M:i,� 3t Id -1'�p ,.. - F ;Y1s ,btu 1 FIp S+ +lg pijApplicant 11 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 Imposition: 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 Management 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. For Cities and Counties not planning under the Growth Management Act 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. -9- c oantn'�uedk) d y s D. Special Purpose District Consistency with Local Comprehensive Land Use Plans: 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. Emergency Project Only 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 applicant must have in place a mechanism to meet the charge back provisions of RCW 35.67.360, and at the time of loan agreement or loan amendment execution, must have in place an ordinance or resolution declaring a finding of enhanced conservation or efficient use, and taken the necessary measures to implement that mechanism." ❑ Yes ❑ No MEASURES OF FISCAL CAPACITY NOTE: The following questions are legally required (RCW 43.155.070) but are not rated. They are for reporting to the Legislature only. Special Purpose Districts need answer only those questions applicable to their district. If the jurisdiction is not authorized under state law to levy any one of the following taxes or rates, insert "N/A" in the appropriate space. Revenue Information What is the current monthly rate charged to a single family residence for the use of 1,000 cubic feet of water? $21.10 What is the current monthly sanitary sewage utility rate charged to a single-family residence? $36.74 What is your jurisdiction's maximum revenue -levy property tax per $1,000 valuation? $3.60 What is the current regular -levy (non-voter approved) property tax rate per $1,000 assessed valuation (exclude port, hospital, fire, cemetery, etc.)? $3.38 Does the current rate reflect a tax increase equivalent to the 101 percent limit? Yes No -10- For; systems. that do not charge by cubic foot of water, convert your rate into a charge for cubic feet or estimatethe.charge on that basis. Use the residential rate for all utilities. Identify the rate for: Type of Tax Current Rate Statutory Maximum Local Option Sales* 1.00 % 1.00% Real Estate Excise (local only) 0.50 % 0 ° Electricity* 6.0 % 6.00% Natural Gas* 6.0 % 6.00% Telephone* 6.0 % 6.00% Cable TV 6.0 % N/A. B&O N / A N/A , Water (cubic feet) $0.0121 / cf N/A Sanitary Sewer (cubic feet) $0.0234 / cf N/A Storm Sewer (cubic feet) N / AN/A Storm/Surface Sewer (cubic feet) N / A : N/A; Solid Waste/Recycling $0.286 / cf N/A *excluding state and municipal transit system taxes -11- Primary system affected by this project. (Check only one) Population within jurisdiction: Contact Person: Street Address: Mailing Address: Telephone: Email Address: 83,617 2007 Percent affected by this project: 50% Robert J. Desgrosellier 129 North 2nd Street; Yakima, WA 98901 Same (509) 575-6228 FAX: (509) 576-6314 bdesq ros(a�c i.ya ki ma.wa. us NOTE: The following questions are used to report to the Governor and the Legislature, but are not rated. Please`.` respond„only” to the questions for the system you are applying for. SANITARY SEWER 1 Bridge I Road Current Domestic Water • • If so, please explain Storm Sewer 0 Solid Waste/Recycling • • Sanitary Sewer Population within jurisdiction: Contact Person: Street Address: Mailing Address: Telephone: Email Address: 83,617 2007 Percent affected by this project: 50% Robert J. Desgrosellier 129 North 2nd Street; Yakima, WA 98901 Same (509) 575-6228 FAX: (509) 576-6314 bdesq ros(a�c i.ya ki ma.wa. us NOTE: The following questions are used to report to the Governor and the Legislature, but are not rated. Please`.` respond„only” to the questions for the system you are applying for. SANITARY SEWER 1 MGD of treated wastewater Designed Capacity Current Projected upon project completion If so, please explain 2 Number of onsite septic systems eliminated # Existing onsite systems # Onsite systems to be eliminated 3 Is the system currently under any regulatory orders or court orders? 'Yes No If so, please explain 4• Number of CSO events in the last 12 months Amount of MGD per event - 12 - 5 Amount of 1/1 the system is experiencing (MGD) Current Projected upon project completion Projected upon project completion Red 6 Are you currently meeting your NPDES limits? Yes No If not, what limits are your exceeding (please identify) 7 Is there currently a moratorium on hookups? Yes, No Projected upon project completion Red Is so, will this project enable you to lift the moratorium? Yes No 8 Does the system currently impact shellfish? Yes No Projected upon project completion Red Will this project reduce or eliminate beach closures? Yes No If so, please explain 9, Number of feet of pipe replaced or added by project 10 Is project in response to an emerging regulatory mandate? Yes No If so, please explain: DOMESTIC WATER 1 . How many MGD of treated water does the system generate? Designed. Capacity ., Current Projected upon project completion Red If so, please explain: 2 What is your operating status? (please check one) Yellow Green. Blue Red If so, please explain: 3' Is the system currently under any regulatory orders or court orders? Yes No If so, please explain: - 13 - 4 Is there currently a moratorium on hookups? Yes No Is so, will this project enable you to lift the moratorium? Yes No % MGD 5 Has the system experienced a boil water order in the last 12 months? Yes • No 6 Are you doing this project to comply with the Safe Drinking Water Act? . Yes . No If so, please explain: 7 Is the system experiencing unaccounted for water loss? Yes No If so, how much? Before Project After project % MGD % MGD 8 • Is project in response to an emerging regulatory mandate? . Yes No If so, please explain: STORM SEWER 1 MGD of treated water Current Projected after project completion 2 Is the system currently under any regulatory orders or court orders? Yes No If so, please explain: 3. Amount of 1/1 the system is experiencing (MGD) Current Projected after project completion 4 Are you currently meeting your NPDES permit? Yes No If not, what limits are your exceeding (please identify) - 14 - 5 Does the system currently contribute to environmental degradation? Yes No A A If so, please explain: . 128 6 Number of feet of pipe replaced or added by project 7 Is the system impacting the transportation system? Yes No A A If so, please explain: 8 Is project in response to an emerging regulatory mandate? Yes . No A A If so, please explain: ROAD/BRIDGE 1 What is the current and future LOS of the road/bridge being applied for? Current Projected after project completion A A 2 How many lane miles of pavement or resurfacing will the project complete? 2.16 lane miles No 3 How many accidents have been reported on this road/bridge being applied for in the past five years? 128 12i 4 Are there currently any weight limits or road restrictions? Yes .: No ID Will this project lift those restrictions? ` Yes No 5 Is project in response to an emerging regulatory mandate? Yes No ID If so, please explain: -15- SOLID WASTE/RECYCLING 1 Is the system currently under any regulatory orders or court orders? Yes No 2 Does the system currently contribute to environmental degradation? Yes No 3 Is project in response to an emerging regulatory mandate? Yes No If so, please explain: Project Title: Railroad Grade Separations Project, Lincoln Ave. & Martin Luther King Jr. Blvd. Project Description: In 150 words or less, please describe the project to be completed. (This is summary information used in publications) This project constructs two underpasses, one each for Lincoln Avenue and Martin Luther King Jr. Blvd. from 1st Ave.•to 1St St. The underpasses will reconstruct three lanes on each roadway under the BNSF railroad mainline. The roadways currently operate and will maintain their function as part of a one-way couplet street system. Martin Luther King Jr. Blvd. is eastbound, Lincoln Avenue is westbound. New railroad bridges will be constructed wide enough to accommodate an additional rail. This is a requirement from BNSF. Front Street will bridge over new underpasses. Front Street will be reconstructed from "A" Street to "D" Street with two lanes, sidewalks and on -street parking. Deliverables include: Utility relocation (Sewermain, Watermain & Storm Drainage); Underpass Construction; Railroad shoofly (temporary for construction); Railroad bridges; Front Street Bridges; Front Street reconstruction with brick pavers as previously paved; Street Lights matching the historic lights of the adjacent historic district; Landscaping / Streetscaping. Scope of Work: Describe in detail what will be done as part of this project. (Number of feet and size of pipe to be laid, etc.) (For Pre -Construction applications, please limit to pre -construction activities.) - 16 - 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. Success measures will be: Time of traffic delay. (Train crossings take approximately 6 minutes for through - trains, of which there are 8-12 per day. The interruption to traffic, until traffic flow returns to normal, is approximately 12 minutes. Hence there is a collective delay of 96 to 144 minutes per crossing per day that can be eliminated.) Emergency response delay. (This situation is unpredictable and immeasurable for the number of fire or police emergencies interrupted by trains blocking crossings or traffic blocking intersections or especially length of delay. However, the results of delays or even the loss of a few minutes in response time while attempting to use another grade separation by traveling extra miles, increases the potential of loss of life, homes, industry and other business. Both hospitals are on the west side of the tracks and the tracks run between 2 of the highest felony -occurring districts making police backup difficult. Police patrol less than one vehicle per district but require 2 to respond to potentially violent situations. (Refer to attached diagrams) Pedestrian exposure to train traffic. (While there are not pedestrian counts available, these crossings are on the boundary of the Central Business District and adjacent residential and commercial areas. There was one pedestrian/train collision resulting in a fatality in 2005.) Carbon monoxide(CO) level. (Studies in FY2000 indicated non -attainment for CO emissions. Signal timing changes reduced enough delay to place us within CO attainment. However, the 4 intersections at the project limits collectively measure 3800 grams/hour (g/h) of CO at the peak hour. Increased train delays, up to an eventual maximum of 24 per day, along with increased vehicular traffic, will likely increase the amount of CO emissions directly relevant to the number of trains per day.) School Bus, Transit and other traffic exposure to train traffic. (School Busses cross the mainline tracks a minimum of 30 times per weekday with a daily exposure of at least 2,200 students. Yakima Transit crosses the main line tracks 25 times per weekday, 9 on weekends, while delays interrupt transfer of passengers as these routes lead to and from the central transfer station on 4th Street. Traffic counts for "B" Street and Lincoln Avenue total 21,000 vehicles per day. Exposure to trains is not possible for all vehicles in the day, but as the volume of train traffic increases the exposure increases. Traffic growth rates are projected to be 4% a year or higher as traffic in this corridor will increase higher than average as the value of delay and conflict exposure is recognized and as growth in the CBD, and major commercial centers develop on the east side, use of the future grade -separated principal arterials will increase. Truck traffic is approximately 5%. A complete reduction of exposure for pedestrians, cyclists and all vehicles will result from the underpasses.) - 17 - Attach Project Map (required) * Grade Separation Project Vicinity Map Total Project Cost: PWTF Loan Request: $ 34,950,000 $ 3,000,000 Does the financing or development of the project involve any PWTF Loan Number. . . Project Title other jurisdiction? If yes, please identify: ❑ Yes I No Applicant certifies that the improvement has a minimum life PWTF Loan Number. . . Project Title expectancy of 20 years.x� Yes ❑ No If the project you are applying for has a previous PWTF loan, please identify: PWTF Loan Number. . . Project Title - 18 - ;$,I'eOtion ijN 'FtMATION cOntiriued'":'-'" Project S Ii4:6!dlife 4 ' „ 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. , , 6 '1,4‘' , ''' S' '''Pertig i“ 7: 1111ftl..2 '14111r :iy4tP61191 1 ' '... r !' C:14074 'lit ilig*24 ' r tiarfP Irt i 0 n D fer':,: Engineering Report 100% Complete 5 / 03 Environmental Review 100% Complete 10 / 06 Cultural and Historical Resources Review (Executive Order 05-05) 100% Complete 1 / 06 Land/ROW Acquisition 30% Complete 12 / j07 Permits Obtained None Required / Public Involvement/Information 95% Complete 12 / 09 Preparation of Bid Documents 50% Complete 12 / 07 Award Construction Contract 3 / 08 Start Construction 4 / 08 Complete Construction 12 / 09 Project in Use 12 / 09 Other: / Other: / Other: / Other: / - 19 - Section 3: PROJECT INFORMATION - continued Project Co For Pre -Construction Applications, please limit cost estimates to pre -construction activities. For Planning Applications, list costs in "Other" categories below. Engineering Report $ 430,000 Environmental Review $ 445,000 Cultural and Historical Resources Review (Executive Order 05-05) $ 5,000 Land/ROW Acquisition $ 2,880,000 Permits $ 50,000 Public Involvement/Information $ 150,000 Bid Documents $ 1,650,000 Construction $ 24,790,000 Other Fees $ 0 Contingency ( %) $ 2,600,000 Other: Construction Engineering $ 1,950,000 Other: $ Other: $ Other: $ TOTAL ESTIMATED COSTS - 20 - $ 34,950,000 Section 3: PROJECT INFORMATION - continued 1 Project Financing Type of Funding Grants. Grant #1 FHWA $ 13,700,000 Grant #2 FMSIB $ 7,000,000 Grant #3 TIB $ 5,000,000 Total Grants Loans .- Identify Source $ 25,700,000 Amount This PWTF Request PWB $ 3,000,000 Other Loan #1 Other Loan #2 Total Loans Local Revenue Identify Source . Amount Source #1 BNSF $ 1,700,000 Source #2 City of Yakima $ 2,000,000 Source #3 Total Local Revenue $ 3,700,000 Other Funds Total Funding TIB/FHWA/Local $ 2,550,000 $ 34,950,000 Loan Terms for all PWTF Programs_ Program Local Match -- Interest Rate ' Repayment Term Construction Pre -Construction Emergency Minimum of 5% Local Match linked to Interest rate 15% Local Match = 1/2% Interest Rate 10% Local Match = 1% Interest Rate 5% Local Match = 2% Interest Rate Minimum of 5% Local Match linked to Interest rate 15% Local Match ='h% Interest Rate 10% Local Match = 1% Interest Rate 5% Local Match = 2% Interest Rate No Match Required 3% Interest Rate -21 - 20 years or life of the improvement, whichever is Tess 5 years (extended up to 20 years if construction funding is secured by the second loan repayment date) 20 years or life of the improvement whichever is less No Match Required 10% Interest Rate 1 6 Years Section 3: PROJECT INFORMATION - continued Loan;Security Please indicate which option will be used for securing repayment of your loan. If project is approved by the Board, the selected option will be inserted into the loan agreement. 1. ID General Obligation: The loan will be secured by general obligation of the Borrower. 2. Revenue Obligation: The loan will be secured by utility revenue payable solely from 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 Borrower 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. If Choosing Revenue Obligation, please choose one of the following utility systems: Water Sanitary Sewer (Wastewater) Stormwater Water/Sanitary Sewer Stormwater/Sanitary Sewer Solid Waste NOTE: This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utility project. Borrower performing a storm sewer project that has 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. 3. Local Improvement District: Pursuant to RCW 35.51.050, the Borrower 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 - 22 - 4t° 4PkOff MEED/SOLUTION Tifr Construction, and PreConstructuon fg 1 c r m, Not Scored -11or Planning; to fill., out �Sec,tion 4. and Emergene. end/So°lut'o Applicatio.'nsbut you are requirie Section 4 is where you will describe the public works problem you are proposing to solve or the benefit you wish to achieve through this project. Be thorough and complete in your responses. Include any additional backup data if necessary to clarify the degree of the problem. This is your opportunity to tell us what is happening, and how it is impacting your community. The table below shows the Board's priorities used in selecting projects. PRIORITIES 1. PublicHealth & Safety PROBLEM STATUS DOCUMENTATION 1. Existing 2. Environmental Health {� 2. Potential rowth%Economic evelopment 1. Regulatory Orders 12. External Agency impact ompleted Studies, Internal Monitoring SOLUTION 1. Solution clearly meets need 2. Solution does not clearly meet full need ;Solution does not meet need 5. Aware of Problem - 23 - A Water ''."..' ❑ Supply/Source-Primary rt Pro ect 4 ate o 6 oints maximum for Construction+'and Pre -Construction Identif the Cate o F ,i s) jthe system,(s)t� , v4:16,.1:6','the ro � used �..;. y , _ z ;p 9 .�!e .: ' °f,, r,r •.r til ,,, onrrer af1,,-bye 1?* p Check,all,that apply.) ` • ro'ect l? �� 1 .E; �° E, ry " a " Ai: gel,Roa"d/Street ,Domestic Water ''."..' ❑ Supply/Source-Primary Sanitary Sevu`e',r ri "'r ° ❑ Treatment ID Principle Arterial ❑ Minor Arterial ❑ Supply/Source-Secondary ❑ Interceptor/Trunk Line ❑ Major Collector ❑ Treatment ❑ Pump/Lift Station ID Minor Collector ❑ Storage ID Collector ❑ Local/Other ❑ Transmission ❑ Telemetry/Equipment ID Distribution ❑ Conservation/Other ❑ Telemetry/Equipment ❑ Conservation/Other Storr Pewer Solid Waste/Recycling ID Storage/Detention ❑ Waste Reduction/Recycling ❑ Treatment ❑ Remedial Action ❑ Interceptor/Trunk Line ❑ Final Disposal ID Collector ❑ Transfer Station ❑ Other ❑ Other Do you have a separate storm sewer utility? ID Yes ❑ No B: How old is the system you are applying for: 100+ years Please describe the age/condition/and material used for the component of the system you are applying for: (example: 40 year old AC pipes that are deteriorating) This section of the roadway system was first built well over one hundred years ago. In 1971, Lincoln Avenue and Martin Luther King Jr. Blvd. were rebuilt to current standards at that time. In 1976, 8 track crossings were updated with rubberized crossings on Lincoln and Martin Luther King streets. The rubberized crossings have deteriorated and are in a failure condition. The crossings are in dire need of replacement and this project will correct this situation. — 24 — Section 4: PROJECT NEED/SOLUTION -continued C Project Need and Solution Statement General Instruction for all Applicants: Whenever possible, identify and quantify: 1. Any official orders or requirements that demonstrate the need for this project; 2. The number of people who are or Will be affected; 3. The impacts that the existing situation has or will have on those people; 4.. The impacts that the existing situation has or will have on system operation and expenses; 5. The impacts that the existing situation has or will have on the environment and endangered species; 6. Identify studies, plans, reports, or other materials that document the situation and its impacts or potential impacts. (Do not submit studies, plans, etc.) 7. Any other information/data that will put the need and the solution for the project in clear perspective. (Attach additional pages if necessary.) 1 Construction and Preconstruction,Applicants 134 Points; Maximum for Construction and Pre -Construction) Describe in:detail why the local government intends to complete this project:. Describe the seriousness of the-problem(s) you are proposing to solve and the benefit you wish to achieve ,. with this project: Describe in specific terms the threat to public healthand safety, and/or security, 'theenvironment, the performance of the system, or the local economy that the project will avert;: or describe the opportunity that the local government will capture by taking the 'proposedaction at thisjime., Use this section to describethe project NEED AND SOLUTION. 2. Emergency Applicants (No Points): The Public Works Board defines an Emergency as "A public works project made necessary by a natural disaster, or an immediate and emergent threat to the publichealth and safety due to unforeseen or unavoidable circumstances." Describe: o The nature of the emergency in terms of a natural disaster or other unforeseen and unavoidable circumstances beyond the control of the local government. o The nature and extent of the threat to the public health and safety, including: • the number of people affected, ♦ area affected, etc. o Whether the situation is presently causing substantial harm, or whether and how it poses an ernergent threat to life and property or both. Why this problem needs to be addressed before the a next regular application cycle for Public Works Trust Fund Construction loan funds. Planning Applicants (No Points): • Describe the conditions the community wants to create, enhance, or change. Describe the community's situation, the opportunities or problems it faces. - 25 - aal&r , QMaxa ,murn tof 34;pornts In 1996, Burlington Northern & Santa Fe Railway Co. (BNSF) spent $135 million to reopen the Stampede Pass line in order to increase east -west capacity, as the Columbia Gorge and Stevens Pass lines are at or near capacity. As discussed in an EA prepared by the Surface Transportation Board (STB), the Stampede Pass line improvements allowed the BNSF to reopen the line to train traffic and connect to the Washington Central Railroad Company's (WCRC) Cle Elum to Pasco line, which bisects the City of Yakima (STB 1996) The BNSF tracks bisect the city, which makes it necessary for vehicular traffic to cross the tracks in order to travel between the east and west sides of the city. In recent years, the number of trains traveling through Yakima has increased. Train traffic is expected to increase further in the future due to improvements in the Stampede Pass line and as other rail lines crossing the Cascade Mountains reach or near capacity. The current configuration of the railroad has caused traffic congestion and delays, especially when the at -grade crossing are blocked simultaneously either by a through train (up to one mile in length) or by train building by BNSF personnel. This has resulted in an increase in minor traffic accidents, an increase in air and noise pollution and delayed response times of emergency vehicles. Grade separating the railroad tracks will improve transportation efficiency and traffic safety, reduce air and noise pollution and account for future increases in vehicular and train traffic. Other indicators that the problem will continue to worsen include: • The Ports of Tacoma and Seattle continue to build and expand. These ports depend on rail traffic across Washington State to fill ships serving the Pacific Rim. • BNSF has plans to make improvements to the Stampede Pass tunnel in order to allow for increased capacity. On numerous occasions, BNSF officials have provided projections that indicate steady growth in rail traffic for years to come. • Cities across Washington State have completed projects and/or have projects underway to minimize the impact of increased train traffic. • BNSF can make improvements on their Stampede Pass route that will increase train traffic much more quickly (18 — 24 months) than we can design and build a solution to mitigate the problem (10 years plus). • Transportation Efficiency (Train and Vehicular) — The Preferred Alternative will improve transportation efficiency and freight mobility for both trucks and trains, improve traffic safety and account for future levels of vehicular and train traffic. • Public Safety — The Preferred Alternative is expected to improve emergency response times by reducing traffic congestion and delays caused by train traffic and/or related side street and arterial traffic congestion. The purpose of the project is to improve vehicular and train safety, improve the efficiency and capacity of transportation by rail and road, reduce air pollution, and reduce noise pollution by creating grade separations at two railroad crossings located at Lincoln Avenue and Martin Luther King Jr. Blvd. in the City of Yakima, Washington State, while minimizing impacts to the community. The project would also improve traffic safety for bicyclists and pedestrians and would involve clean up of abandoned railroad tracks and the replacement of old sewer and water main lines. The Walnut Street crossing is currently the only grade -separated crossing within the central business district. Most Yakima City citizens and services, including school buses, emergency vehicles, freight trucks, and citizens traveling to and from work, use the streets with at -grade crossings. Conflicts arise when long trains (a mile or more in length) or train building activities intersect the at -grade crossings and cause delays to vehicular traffic. As discussed in detail in the following sections, conflicts at the crossings result in issues of safety, transportation network efficiency, air pollution, and noise pollution. Levels of use of the project area by both road and rail traffic are projected to increase over the next 30 years, intensifying these conflicts. SEE ADDITIONAL SHEETS ATTACHED FOR MORE INFORMATION - 26 - tax �.y ocalMw�,7 anagement General Instructions: Local Management Performance: It is the policy of the Public Works Board,to promote properly maintained, administered and managed infrastructure systems. Please Note: If you are applying for a storm water project but do not have a storm sewer system; you may refer to the road/street system when answering these questions. Or if you have a combined storm/sewer system, you may reference sewer system when answering these questions. There are two sections within the. Local Management Performance section: A. Ready -to -proceed status 1. For Construction Applicants (maximum of 6 points) 2. For Pre -Construction Applicants (maximum of 6 points) . 3. Not required for Planning and Emergency Applicants B. Local Management Effort 1. System Maintenance and Operations (maximum of 18 points) 2. Administrative, Financial, and Planning (maximum of 18 points) 3. System Capital Improvements (maximum of 18 points) ' a. Each component has two questions, one dealing with past Improvements/Activities and one dealing with future Improvements/Activities: - b. A restorative option allows the jurisdiction to explain why it did not have four past Improvements/Activities or is not planning to make three improvements/Activities in the future. . Examples of when to use the restorative option: a. If the system was formed in the last year, it may not have past improvements. If the situation is adequately explained, the newly formed system may receive all of the points. b. A jurisdiction maynot need to make capital improvements to the system in the next five years other than the proposed project. c. .Construction and Pre -Construction Applicants: This section is worth a total of 60 points. Restorative Points may be awarded for the answer if the reason is legitimate and adequately explained Emergency Applicants:. This section is not scored, but is required: 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. - 27 - Section 00040,Man"agerpent �contmued,, IF� fir" , qd� 'kka#� , ,y. A Readiness ToProc.eed aMxirn06* $4 tixwa 6,7ilPA n,I II '10 ' For Cons° tructionr Afpplicration's only ,, c = w°I � 1 w t ' `" Readiness- oProt eed points mfiriim= ',1 _*r .MIfor''All r=s©onsesw re=At'Application ` ;41,#€ ` - °aii�*'h�, "� 1 Iv , ..�.,w, 1 11 N, I•_,..�.. ��..1 ,^• .. . ,.n Applicant certifies that all applicable permits are in hand (6 points) ❑ Applicant certifies that engineering/design is complete (5 points) ❑ Applicant certifies that Cultural and Historic and or Environmental Review is complete (3 points) Applicant certifies that project will complete cultural and historic review (3 points) Applicant certifies that engineering/design is started (2 points) ❑ Applicant certifies that project is in a current and adopted Capital Facilities Plan (which meets the Boards criteria on page 8 (C.)) (1 point) ❑ Project is in concept stage (0 points) ❑ P d ; mmw, dP r:w�ly. mala or Pyre Construction Applications OnLy,:m n�,,I,1 Readiness-To-ProceedReadiness-; 6y.ooirits,.�'�.I�.�u,��,�#�;w.���� �° ` - °aii�*'h�, :- 1 11 N, I•_,..�.. ��..1 ,^• .. . ,.n Applicant certifies that project will get permits approved (6 points) (These activities must be in the Scope of Work) ❑ Applicant certifies that project will complete engineering and design (4 points) ❑ Applicant certifies that project will complete cultural and historic review (3 points) ❑ Applicant certifies that project will start engineering and design (2 points) ❑ Applicant certifies that project is in a current and adopted Plan (which meets the Boards criteria on page 8 (C.)) (1 point) ❑ Project is in concept stage (0 points) ❑ (Applicant certifies by signing the Applicant Certification form on page 30) - 28 - 1Section 5: Local Management — continued B. Local Management Effort (Maximum of 54 points) 1. System Maintenance & Operations = Maximum of 18 points (All responses must be for the system which you are applying Describe four (4) distinct improvements made to the system or activities or on-going activities undertaken by the system in the past, and maintain or improve the system's reliability or performance. Be sure month and year that the examples began or occurred or will begin for financial assistance) performed on the system three (3) in the future that" to indicate the START or occur. Past Improvement/activity Start Date: Month/Year From January 1, 2002 to application submittal • 1. Upgraded gravel roads from substandard gravel surface to a Bituminous Surface Treatment (BST). 26 miles of gravel roadway have been resurfaced with BST since the program began in 2003 substantially reducing PM 10. 7 / 2003 2. Roadway crack -sealing 150 lane miles since 2003; follow-up seal -coating completed 50 lane miles in 2005. 7 / 2003 3. Grind and overlay of 40th Avenue, River Road to Lincoln Avenue. Overlay includes sections of roadway rebuild, upgrade of signal detection to video detection and ADA sidewalk ramp upgrades. Cost $350,000 9 / 2005 4. Grind and Overlay of So. 3rd Avenue, Nob Hill Blvd. to Mead Avenue. Includes sections of roadway rebuild and ADA sidewalk ramp upgrades. Cost $250,000 9 / 2006 Restorative: If you are unable to give four examples, please explain why: Future Improvement/Activity Application submittal to December 31, 2012 Start Date: Month/Year 1. NEED NEW OR UPDATE: Roadway crack -sealing and follow-up seal - coating of 50 lane miles of street. Cost $500,000 to $700,000/year7799997 9998 / 2007 2. NEED NEW OR UPDATE: Pavement Management System (PMS) to review and evaluate arterial pavement conditions of existing roadways as well as from the County. Cost $70,000/year 99999999 99910 / 2008 3. NEED NEW OR UPDATE: West/East Yak DFI ? ? ? Grind and Overlay of , to . Includes sections of roadway rebuild 9999 / 2009 and ADA sidewalk ramp upgrades. Cost $???,??? Restorative: If you are unable to give three examples, please explain why: - 29 - Section 5: Local Management — continued 2. Administrative, Financial, and Planning = Maximum of 18 points (All responses must be for the system which you are applying for financial assistance) Describe four (4) distinct improvements or on-going activities or planning processes the system in the past, and three (3) in the future that maintain or improve the system's administrative and/or planning status. Be sure to indicate the START month and year undertaken by financial, that the examples began or occurred or will be• in or occur. Past Improvement/Activity From January 1,f 2002 to application submittal Start Date: Month/Year 8 / 2002 1. Local Improvement District (LID for roadway) planning assistance to "Westside Merchants" for sidewalk, lighting and landscaping of more than one mile of roadway in the CBD Support area. 2. Combining matching funding sources and order of construction: successful PWTF application to construct sewer prior to River Road widening, rebuilding and signal project (TIB Funded). 9 / 2003 3. The second 1/4% of the Real Estate Excise Tax (BEET -2) has been voted in place by City Council in 2005. Funds will be used to match against future projects as well as for restorative work to arterial streets. 5 / 2006 4. Annual 6 -year Transportation Improvement Program (TIP) through out Yakima's Metropolitan Planning Organization and Regional Transportation Program of YVCOG, MPO/RTPO, Title VI Plan. 6 / 2006 Restorative: If you are unable to give four examples, please explain why: Future Improvement/Activity Application submittal to December 31, 2012 1. Phase 1; Utility Relocations for Grade Separation of Lincoln Ave.& MLK Jr. Blvd. tied to continuation of the Historic District Renovation project utilizing grants from multiple funding partners to match against one another along with private funds. FHWA - TIB - State - BNSF - City - County — - Transit - Private. Phase 1 project cost: $2,000,000 Start Date: Month/Year 7 / 2007 2. Grade Separation, Phase 2 of Lincoln Ave. & MLK Jr. Blvd. constructing 2 underpasses utilizing grants from multiple funding partners to match against one another along with private funds. FHWA - TIB - State - BNSF - City - County - Transit — Private. Phase 2 project cost: $22,790,000 3 / 2008 3. Upcoming Local Improvement District (LID) Partnership to provide sewer main and subsequent sanitary sewer service to as much as 700 acres of land in the Cowiche Creek Canyon drainage area that is in a Department of Ecology identified Degradation Area (zone). 5 / 2008 Restorative: If you are unable to give three examples, please explain why: - 30 - Section 5: Local Management — continued 3: System Capital Improvement = Maximum of 18 points (Allresponses must be for the system which you are applying for Describe four (4) distinct capital projects undertaken' in the past, and that maintain, improve, or expand the system. Be sure to indicate the financial assistance) three (3) projects START month in the future and year that theexam•lesbeean or occurred or will be in or occur. Past Improvement/Activity Start Date: Month/Year From January 1, 2002 to application submittal 1. Washington Avenue, 24th to 72nd Avenues. Existing 2 -lane principal arterial roadway with minimal shoulders reconstructed to a 5 -lane and 3 lane roadway with curb, gutter, sidewalk both sides, lighting, new signal, sanitary sewer and storm drainage system. $6,500,000 7 / 2004 2. 5th Avenue Roundabout at Fruitvale Boulevard. Cement concrete roundabout with asphalt approaches, new curbing with sidewalk all sides, brick landscape pavers, new intersection lighting and storm drainage system. $600,000 10 / 2004 3. Front Street Historic District, Ph 1 and Central Business District on Yakima Avenue, 9th St. to the railroad tracks. 1.2 miles of remove and replace cement concrete sidewalk with patterned concrete sidewalk, brick pavers, landscaping, street lighting to match the historic lighting in old North Yakima. $5,600,000 12 / 2005 4. River Road, 16th Avenue to Fruitvale Blvd. Existing 2 -lane roadway with no shoulders constructed into an industry and truck -friendly 3 -lane roadway with curb, gutter, sidewalk, lighting and storm drainage system. $2,660,000 11 / 2006 Restorative: If you are unable to give four examples, please explain why: Future Improvement/Activity Application submittal to December 31, 2012 Start Date: Month/Year 1. Central Business District sidewalk, lighting and landscaping rehabilitation and reconstruction. West Yakima Avenue from Front Street to 7th Ave. $3,500,000 6 / 2007 2. Phase 1; Utility Relocations for Grade Separation of Lincoln Ave.& MLK Jr. Blvd. tied to continuation of the Historic District Renovation project utilizing grants from multiple funding partners to match against one another along with private funds. FHWA - TIB - State - BNSF - City - County — Transit - Private. Phase 1 project cost: $2,000,000 7 / 2007 3. Grade Separation, Phase 2 of Lincoln Ave. & MLK Jr. Blvd. constructing 2 underpasses utilizing grants from multiple funding partners to match against one another along with private funds. FHWA - TIB - State - BNSF - City - County - Transit — Private. Phase 2 project cost: $22,790,000 3 / 2008 Restorative: If you are unable to give three examples, please explain why: -31 - PPLICANTC,ERTII WHEREAS, [ Robert J. Desgrosellier 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 is applying to the Washington State Public Works Trust Fund program for a low - 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, any loan arising from this application constitutes a debt to be repaid, and (Person/title) Rita DeBord,. / Finance Director has reviewed and concluded it has the necessary capacity to repay such a loan; and 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, .CityaofYakiima`' (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 satisfactory to both parties. Signed: Richard A. Zais Title: City Manager Phone Number: (509) 575-6040 Date: May 7, 2007 ATTEST: - 32 - ® =ATI°FITIATIoN '. PAREP'A` WHEREAS, Robert J. Desgrosellier Trust Fund loan; and PPLI"CKM ioN erre r Consullta has prepared this application for a Washington State Public Works 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 preparer's belief and knowledge; and NOW THEREFORE, j Robert J. Desgrosellier recognizes and acknowledges the above declarations and certifies that this application meets the above requirements. Signed: Title: Senior Engineer Phone Number: (509) 575-6228 Date: May 7, 2007 ATTEST: - 33 - Application Checklist (for your own use — you do not have to submit) Are you using the correct application (2007-2009) PWTF Program Application Have all questions that apply to the project you are requesting funds for been answered? Have you attached a Project Map? Has someone else reviewed the application? Have you attached any relevant resolutions or ordinances? Have you signed the Applicant Certification? Have you signed the Preparer Certification? Have you made and included the appropriate copies and 1 original? - 34 - BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. # 11 For Meeting Of: May 1, 2007 PURPOSE: Consideration of a resolution authorizing the City Manager to execute documents and agreements pursuant to a loan application to the Washington Public Works Trust Fund (PWTF) for $3 million to provide cash flow for the Grade Separation Project at Lincoln Avenue and Martin Luther King Jr. Blvd. SUBMITTED BY: Brett H. Sheffield, PE, Chief Engineer Michael Morales, Deputy Director, Comm. Economic Development William Cook, Director, Dept. of Community and Economic Development CONTACT PERSON/TELEPHONE: Brett H. Sheffield, PE, Acting City Engineer / 575-6111 SUMMARY EXPLANATION: The Community Economic Development Department respectfully requests permission to apply for a $3 million (0.5% interest) construction loan from the state Public Works Trust Fund to supplement the 2007-2009 Grade Separation Project for improvements to Lincoln Avenue and Martin Luther King Jr. Blvd. This project will require pay estimates of up to $3 Million per month for the first few months after construction begins. By securing a PWTF loan the City will be able to use the funds for cash flow during construction with the options of paying off the loan with reimbursable grant funding after construction is complete. At the beginning of Phase 2 of the project, PWTF loan dollars will be used to assist with cash flows to the Capital Improvement fund, and later can be used to fill any remaining funding shortfalls that may occur on the project. Using PWTF would allow the City to have a reserve cash flow position that could be paid back at the end of the project with obligated grant dollars or the City could choose to pay back the PWTF loan dollars over time at an annual interest rate of 0.5%. Debt service for the loan could either come from gas tax allotment funds or some other source eligible for capital improvement funds. If the loan is paid back in full at the end of the project, there would be either no or minimal interest paid on the loan and the City would have used these funds virtually interest free. Resolution X Ordinance_ Contract _ Other: Draft PWTF Application Funding Source: Fund 392 - Capital Improvement Fund Approval for Submittal: ��A City ap-er STAFF RECOMMENDATION: Approve Resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2007-68 1 AMENDMENT FACE SHEET Loan Number: PC08-951-052 Amendment Number: B Washington State Department of Commerce PUBLIC WORKS BOARD PUBLIC WORKS TRUST FUND 1. Contractor City of Yakima 129 North 2nd Street Yakima, WA 98901 2. Contractor Doing Business As (optional) 3. Contractor Representative (onlY if updated) N/A • 4. Public Works,Bbard Representative (only if updated) N/A 5. Original Con4actAmount $3,000,000 00 - 6. AmendmentAinount Contract Amount 8. AmendmentFunding Source Federal:El State t?JfOther LIlI N/A: 9. Amendment Start Date ; Arneridment!,Exepution Date,' 10. Amendment End Date '•,'17/1/2028 11. Federal Funds (as apOidible); - Federal Agency:, N/A --- NIA; - CFDA N/A 12 Amendment Purpose: , • The purpose of this amendment is 0 extend the project completion date of the ,RubjidWorks Trust Fund, , Loan NUmber,P,C08-95f-052M , The Board, defined as:the Washington State Public Works Board,, and BOrrower/contradtgr adknov4dge . and accept terms Agreennent/Contract As Amended and haveexeduted this AgreeMent/Contract Amendment on the datOblowito 4q.as of the date and year referenc,e4aboye, The lghts and obligations of both to this Agreement/Contract As Amended are goyerned,-by'this Agreement/Contract '', Amendment and thefollowing*her documents incorporated .12yreferende Amendment Terms and! 'Conditionsi A copy of thig:.Agreernent/Cgritract Amendment shall be attached to and. made a part of the, ,i,, , original Agreement/Contract between*Boarg-and the Bbrrgyver/COntradtoG-Ariy reference in the original Agreement/Contract to the'A- 0 . or the "Contract Shell,meantnegreement As Amended or „,..i ,. ,,„.' , , -,-" ,-;,?, • Contract As Amended re Pectiyely641 , i,l_ ..., •.,. , FOR T BORROWER/ ONT - .,FOR PUBLICVORKS BOARD. .„ .,, ....,c,,,,e_t),,•,, .„,''' .• ,,',s, ; , ' , - ! -7, . . 47 Tov Print Name Title Date :Stan,Finkelstein, Publid Works Nerd Chair CITY CONTRACT 7J N;6 007-06 0 "APPROVED ASTO FORM ONLY • This 18th Day of December, 2008 Rob McKenna Attorney General Signature on File Kathryn Wyatt Assistant Attorney General City of Yakima PC08-951-052 Page 1 Extension Amendment Public Works Trust Fund 4/1/2014 AMENDMENT TERMS AND CONDITIONS PUBLIC WORKS BOARD PUBLIC WORKS TRUST FUND The purpose of this amendment is to extend the project completion date of the Public Works Trust Fund Loan Agreement/Contract Number PC08-951-052 from 6'/2/2014 to a new ending date of 12/31/2014. This amendment was approved by the Public Works Board, a department of the State of Washington, (hereinafter referred to as'the "Board"): The Board found the extension was necessary for the following reason: Additional time is needed to complete the construction of the Martin Luther King Jr. Boulevard Underpass phase due to design modifications and Burlington Northern Santa -Fe (BNSF) Railroad construction delays, The Board and the City of Yakima (hereinafter 'referred to:as:the "Borrower%Contractor") agreeto amend the Public Works Trust Fund''Loan Agreement/Contract Number PC08-95I-052'as described below. Time of Performance Section -of the Agreement/Contract Number PC08-951-052 is amendedito read as follows: • The Borrower/Contractor shall" begin the activities identified within Attachment I: Scope of Work no later than" three (3) months after Agreement/Contract execution, and ,reach project completion no later than 12/31/20.14. Failure to Meet Time of Performance shall constitute default of this Agreement/Contract., In the event of extenuating circumstances; the,Borrower/Contractor mayrequest, 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/Contract shall be for'the,entireterm,,of the loan, regardless of actual project completion; unless terminated sooner as provided herein. City of Yakima Page 2 Extension Amendment PC08-951-052 4/1/2014 Public Works Trust Fund AMENDMENT FACE SHEET Loan Number: PC08-951-052 PROJECT COMPLETION AMENDMENT Washington State Department of Commerce PUBLIC WORKS BOARD PUBLIC WORKS TRUST FUND — CONSTRUCTION AND PRECONSTRUCTION LOANS 1. Contractor City of Yakima 129N2nd St Yakima, WA 98901-2613 2. Contractor Doing Business As (optional) N/A 3. Contractor Representative (only if updated)` N/A 4. Public Works Board Representative (only if updated) N/A 5. Original Contract Amount $3,000,000 00 6. DeObligation $0.00' 7. Final Contract Amount $3,000,000.00 8. Amendment Funding 'Source Federal: ❑ State: 2 .Other: ❑ N/A: ❑ 9. Amendment Start Date Amendment Execution Date 10. Amendment End Date June 1, 2028 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 PC08-951-052. The Board, defined as the Washington State Public Works Board, and Borrower/Contractor acknowledge and accept the terms of this Agreement/Contract As Amended and attachments and have executed this Agreement/Contract ` Amendment 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 - - •ort. A copy of this Agreement/Contract Amendment shall be attached to,and,made a part of the original Agree•-ent/Co tract between the Board and the Borrower/Contractor Any reference in the original Agreement/Contract t he "Agre: ment" or the "Contract" shall mean the "Agreement As Amended" or "Contract As Ame ed," respectiv ly FO HE BORRO ER/COY RA % OR' - FOR PUBLIC WORKS BOARD Sig , e I �'� 0 � Qcvt y ke Stan Finkeleisi n Public Works Board Chair RIM- z5 — 7-0/5' Print N Date ' APPROVED AS TO FORMONLY This22"d Day of December, 2008 Title ,� nuu C 1 L , o O t3 Date cm coNTRAC r No: ��t�1 _O�� Rob McKenna Attorney General Signature on File g 3UO 7, nk - Kathryn Wyatt Assistant Attorney General City of Yakima PC08-951-052 Page 1 2/11/2015 Project Completion Amendment 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 Agreement/Contract Number PC08-951-052 have been adjusted, if necessary, as reflected below. The Public Works Board, (or its successor) a department of the state of Washington (hereinafter referred to as the "Board") and City of Yakima (hereinafter referred to as the "Borrower/Contractor") agree to amend Public Works Trust Fund Loan Agreement/Contract Number PC08-951-052 as described below. '64 The amount of the.loan 0 shalt be;$3,000,000.00. The interest rate shall be 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 Agreement/Contract's Scope of Work. The attachment to this amendment, Attachment L' Certified Project Completion Report, includes the following sections: Chieqxecutive Officer and Project Engineer. or Consultant Certifications; Estimated and Actual_Project.Costs by Cost Category; Estimated and Actual Project Funding; Final Loan Draw and Local Match Worksheet, and„Performance Measures Report (for construction loans only). City of Yakima PC08-951-052 Page 2 2/11/2015 Project Completion Amendment Public Works Trust Fund ATTACHMENT I: CERTIFIED PROJECT COMPLETION REPORT PUBLIC WORKS BOARD PUBLIC WORKS TRUST FUND — CONSTRUCTION AND PRECONSTRUCTION LOANS Loan Number: PC08-951-052 Project Name: Railroad Grade Separations -Lincoln Ave/Mlk Jr Blvd Original or Extended Project Completion Date: 12/31/2014 Chief Executive Officer Certification Contractor: City of Yakima Address: 129 North 2nd Street Yakima, WA 98901 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 supportin m ation:provided:'in:this,,report are on file and will be made, available by -the Borrower/Cori ctor`upon r qui, ;arid • Attached is a L • S ONL ction accepting the project as being complete (FOR PRECONSTRUCTION ief Executive Officer D Q17.1(L) OP Title f(efin Date of Signature E Project :Engineer or Consultant =Certif cation The Project Engineer or Consultant of the Borrower/Contractor certifies that: • To the best of his/her knowledge, the datarovided in this report is true and "correct, pas of the signature date indicated below; • The project was completed in accordance with the Loan Agreement/Contract's Scope of Work; and • The project was completed on dc...? ° Z- 4-11 2_o 1 Y (Actual Date of Project Completion) Signature of Pr Consultant I )1 712e_,,c4- S Print Name Title •y/ � Date of Siallatur City of Yakima PC08-951-052 Page 3 2/11/2015 Project Completion Amendment Public Works Trust Fund Section 1: Estimated and Actual Project Costs by Cost Category '010CATEGORY - tea,, :k .'ESTllVIATED COSTS ACTUAI;'GOSTS Engineering Report (Preliminary Engineering) $430,000.00 $2,124,895.00 Environmental' Review , -`" _§ " Y '$445.000:00 ' RF =fi $405'000:00 Historical Review/Cultural Review $0.00 $0.00 �: - _ Land/ROW`Acquisition _._:'_ ._ . $2,880,000:00 ..... ,,.yam-.�._ ✓ . -. $1,825,66600 Permits $50,000.00 $40,000.00 PublicIrivolvement/Information "' : < $150,000:00 _ _ 5160,000.00 Bid Documents (Design En ineering). $1,650,000.00 " $1,700,000.00 Consuctionr _u $24,790;000.00"" 1;758 878:00 Other Fees: (Sales or Use Taxes) `` : 3�'' , $0.00 g's' ` = $0.00 Contingency: 0.00% $2,600,000.00 r, Other: Construction Engineering $1,950,000.00 :. , $4,540,933.00 Other: - . $0.00 .;° $0.00 Other: _ -50.00 - $0.00 Other: =_ $0:00 =;,..-i T.. _ $0:00 vim.:°' :.Y/ ;. - . M'?,", TQTEAL PROJECT COST Mm=: '.s%ay. o e_ir'�"':'..`<.t:= �.. -... - -. 34 4 $ 9 5 000.00" -. ' ' .- ;. ,: " > -" a!°':�'-�µ�. $42‘ 555;372:00 ?nask»: - City of Yakima PC08-951-052 Page 4 2/11/2015 Project Completion Amendment Public Works Trust Fund Section 2: Estimated and Actual Project Funding TYPE OF FUNDING .SOURCE,-;, _ ., " s s ^; ...::,x. . 0111010.,FUNDING• ETIMTrcaD .. ACTUAL FUNDING '6antsnd'Other,Non-Mahing:Funds . , Grant #1 FHWA $13,700,000.00 •$24,439,427.00 Grant #2 FMSIB $7,000,000.00 $7,000,000.00 Grant #3 TIB a' < r $5,000,000.00 $5,817,001.00 New Grant _ $0.00 Total Grants and Other Non= Matching Funds; ., ,, x$25,700;000.00 $37,256,428.00 Loans: .. :.;:. _ ,,., �•.M; This Loan Request Public Works Board' ; : `\ $3, 000, 000.00::: ' $3,000,000.00 Other Loan #1 DOE.,sa; $0.00.• $1,214,000.00 Other Loan #2 ;< ; = , $0:00 ' ' $0.00 Other Loan #3 $0:00' - �, �. $0.00 New Loan ' :r.. -:p ::=a: New Loan_ _ m"� � `" '=, $0.00 Total' Loans '"$3;000;000.00 rte- `" r" ,$4,214,000.00 Local�"Revenu L., :::a.= - .;:== , .._ Local Revenue #1 BSNF', $1,700,000 ;00 ° $ l 044 944.00 , Local Revenue #2 City. of Yakima.- " $2, 000,000:00y$40,000.00 Local Revenue #3 s `'4$0.00 $0.00 New Local Revenue s , $0.00 Total Local Reve' nu $3;7.�0;..�055;00:0%:0'. $1,084,944.00 -Other Fu'sds " Other Funds TIB/FHWA/Local: <:.' . ,2,550,000.00 = ` f_< `'Q ' . $0.00 Interest Earned on Investment of PWTF Loan Funds. $0.00 Total Other Funds,;-: $0.00 TOTAI�PR�JECT.FIT IN: ` ,__ ... �.-:::: .:.,�j;��:r_, ; $34;95;0,00:0 ,... $42 .t .. City of Yakima PC08-951-052 Page 5 2/11/2015 Project Completion Amendment Public Works Trust Fund Section 3: Final Loan Draw and Local Match Worksheet PWTF Total Loan Amount at Loan Contract Execution -. ,. Ne*:IiitifeSt; ate - , , 0.50% $3,000,000.00 ,Eipe, ,,.... „:,........: _ 1 Costs Incurred after Loan Contract Execution Costs Incurred up to 12 Months before Loan Contract Execution $42,555,372.00 $0.00 2 3 ,, .: , , ' Total Actual Eligible Project Costs $42,555,372.00 4 Total Actual State and Federal Grants - '' -' ' '',,,,, ' ' ,,?; $37,256,428.00 5 , 1 : Reimbursable Eligible Project Costs - , -,. , „,,, . .,, $5,298,944.00 6 Percentage of Project Reimbursed by PWTF Loan at Loan Contract Ue,OutiOii-z ., , -. 85.00% . 7 PWTF Share of Reimbursable Eligible Project Costs: r. ; :':.. g.' s';;;; I.:::' :" 6 Interest Earned on Investment of PWTF Loan Funds (should match the:AMOSilif -. , under the Actual Funding Column in Section 2),;x,' :1:::,; ,, ,;: %,,,:. ::'.' X 6,6 ,,-,„;„ .,:::, - ' Vi'„f,: $4,504,102.40 8 9 =,-. ,, . ''-,, $0.00 `-..;:, Maximum Eligible Cost for ReimbursOment,,bYTMTF Loan, , ;''''' ''i4,V''''-'' 4,7 -•-...-!-': : 4-., - - ._,=',i:: -.-:C1'!:.,, •,',::- -.-g_.--- :i,---' ,,W ''' .,':' $4:;5.04102.40 --,-.:: - 10 Lesser of Total Loan Amount or Maximum- Eligible Cot ''''' -::::i„i ';,',;:- „ t'Ati: ' , ,:‘,.: - - -,-, $3 'iiiio odO oo , , , .:, 11 Lesser ofMaxiinum Eligible Cost or Costs Incurred after Loan Execution ';'.::'- '1';' --,;,z, -i' olio ' - -000:00 ) , n. ,,. 12 <'': Total Amount cif Loan Desired if Less than 811igible Cost (should match "ThiS-, ','Ini Loan Request" amount under the Actual Funding Column in Section 2) h -t4.- '''',!, :A, r;:, :s.ii', l'''3 •:: ''' "4 • •$3000 :000.00 5 ' $2,850;000.00 '444 - 13 14 PWTF Loan Total Amount Drawn tO:Date,,'''''; Final Draw: Maximum Eligible Cost (or Total Amount of Loan Desired) Jess the PWTF Loan Total Amount Drawn to Date (If negative amount, a refund is ;;: .. ,,. ,. required.) ' - , $15Q,600.00 15 .. „ Actual Local Share: Reimbursable Eligible Project Costs less the Sum of,,,,,,,, Interest Earned on Investment of PWTF Loan Funds and Amount of Loan ,D2,398,944.00 16 Local Share Percentage at Project Completion- ' = .,,Ety,.,= - ' i.'„;,:: 43.38% 17 - , -4, Current Interest Rate 1.:', -. ,. Ne*:IiitifeSt; ate - , , 0.50% = 0.50% Final DraW,: (or refund due from ' I3orrower/ContractOr°-,', if $ amount on Line 15 is negative De:„010iiation , , $150,000.00 $0.00 City of Yakima PC08-951-052 Page 6 2/11/2015 Project Completion Amendment Public Works Trust Fund Section 4: Performance Measures Report—CONSTRUCTION LOANS ONLY Performance Measure; ,,, , iSkg0 'Current Measuite Peoposed Measure Amount of Change 4,ricipa-(e0.4-1,,:. , ,Oiril:O-tii* Reduce collisions Road 14 0 100 7/1/2014 Reduce travel time Road , ==e — -• 100 ' 0 100 7/1/2014 N/A Road * If the performance measure is not yet c�mpIeted,tffis date represents the anticipated date on which the Borrower/Contractor will subrriit, a Performance'Measure Report/Update to the Public Works Board. City of Yakima PC08-951-052 Page 7 2/11/2015 Project Completion Amendment Public Works Trust Fund FINAL VOUCHER/REFUND INVOICE INSTRUCTIONS DE -OBLIGATION: Borrowers/Contractors have the option to de -obligate (not take) the final loan draw. In this case, the de -obligation amount will be deducted from the final loan amount. FINAL DRAW: If the Final Loan Draw (Line 15 in Section 3) is a positive amount, a final voucher will need to be signed and dated by the person authorized to sign vouchers on behalf of the Borrower/Contractor. Signing the voucher'certifies that the funds disbursed will be used for eligible activities associated with the Loan Agreement/Contract's Scope of Work. Please use the attached pre -filled A19 Voucher form. Mail the final voucher together with the signed amendment and: attachments to the Contracts Administration Unit. The final voucher needs to be received and ' -processed by the Contracts Administration Unit prior to the execution of the Project Completion Amendment and changing your project's status to "Project Complete.' -''-A Washington State Warrant (check) or a direct deposit payment'in the amount of the Final Loan Draw will be: sent to the Borrower/Contractor within 14 days of voucher'approval: REFUND DUEL If the Final Loan Draw -(Line 15 in Section 3) is a negative amount, the loan has been overdrawn and the Borrower/Contractor must refund to the Public Works Board the amount overdrawn`. A refund invoice for the due amount is.attached. Please follow the instructions in the Invoice and send your refund ,check to the Department ofCommerce. City of Yakima Instructions for Final A19 Voucher PC08-951-052 2/11/2015 Public Works Trust Fund (ks PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMENT NUMBER PC08-951-052 City of Yakima PART I: ENTIRE AGREEMENT This agreement, and incorporated attachments contains all terms and conditions agreed to by the WASHINGTON STATE PUBLIC WORKS BOARD (referred"to as the "BOARD",) and the City of Yakima (referred to as the "BORROWER") and no other statements or representations, written or oral, shall be deemed a part thereof. This contract includes ATTACHMENT I: SCOPE OF WORK, which consists of a,deseription of local project, activities, certification of the 'Project's useful life, estimated project costs and fund sources; and ATTACHMENT ,II: ATTORNEY'S CERTIFICATION. These attachments are, by this reference; incorporated into this agreement as though set forth fully herein. The PUBLIC WORKS BOARD and the BORROWER have executed this agreement as of.the date and year last written below. PUBLIC WORK BOARD BORROWER Date APPROVED AS TO FORM ONLY This 6th Day of March, 2007 Rob McKenna Attorney General By: Signature on File Andrew Scott Assistant Attorney General CITY CONTRAC f NO. RESOLUTION NO. 7��rr-/ sl aoo 7 - ear E G 01 303 . •"Print Name i T M4/1 A c; g Title Date 5�3 4o8 9I-Loo!ac`3 Federal Taxpayer Identification Number jECEitVE cai JUN 022008 PALM BOAPD PART II: INTRODUCTION This loan agreement is made and entered into 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 .enteredinto 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 BORROWER and will include the activities described in ATTACHMENT I: SCOPE OF WORK. The project must be undertaken in accordance with PART IV: TERMS AND CONDITIONS, 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: TERMS AND CONDITIONS The parties to this agreernent:agree as follows: 4.01 Rate and Term Of Loan The BOARD, using funds appropriated from the Public Works Assistance Account, shall .loan the BORROWER a sum not to exceed $3,000,000.00. The interest rate shall be 0.50%- per annum on the outstanding principal balance. The term of the loan shall not .exceed:26 years, with the final payment due July 1, 2028. 4.02 Eligible Project Costs and Local Project Share The BORROWER pledges tOuse 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 ATTACHMENT I: SCOPE OF WORK. The amount ofthe local funds will be verified at project closeout. Any increase in the percentage pflocal funds may require an adjustment in the loan amount or interest rate charged, or both. The interest rate 'adjustment will apply to the remaining payments beginning the:fiscal year of closeout. The BORROWER agrees to execute the Certified Closeout Amendment as an amendment to this:agreement adjusting the loan amount, or interest rate, as appropriate. Eligible project costs must consist of expenditures eligible under WAC 399-30-030 and be related only to project activities described in ATTACHMENT I: SCOPE OF WORK. Only those costs incurred after execution of this loan agreement can be reimbursed with Public Works Trust Fund monies. Expenditures made up to twelve (12) months prior to the execution of the loan agreement and verified at the time of project close out may be used as match for local project share. 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 funding 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, subject to the availability of funds, warrants shall be issued to the BORROWER for payment of allowable expenses incurred by the. BORROWER 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 "85.00 % of the eligible actual project costs. The BORROWER "shall initiate a loan disbursement using a -Washington State Invoice Voucher form. The loan funds will be.disbursed to the BORROWER as follows: Upon formal execution of this agreement, a sum not to exceed 20% of the approved Public Works Trust Fund loan may be disbursed to the BORROWER. Monies: shall not be used for any construction costs incurred prior to compliance with Executive Order 05-05 Archaeological and.Cultural Resources as referenced in Section 4.22 or Section 106 of the National Historic Preservation Act, whichever applies to this,project: Upon execution of'a Public Works Trust Fund Notice to Proceed, which followsthe formal award of a construction contract, and documented compliance with Executive Order 05-05 Archaeological and Cultural Resources as referenced in Section 4.22 or SectionA06 of the National Historic' Preservation Act, whichever applies to this pr,"oject, 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 been spent, a sum not to exceed 25% disbursed to the BORROWER. When the BORROWER' certifies that been spent, a sum.not to exceed 25% disbursed to the BORROWER. 35% of the Public Works Trust Fund loan arnount ;has of the approved Public Works Trust Fund loan may be 60% of the Public Works Trust Fund loan amount has of the approved Public Works Trust. Fund loan may be .At the time of project,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 loandisbursement shall bring the total loan to the lesser of 85.00 % of the eligible project costs or the total of $3,000,000.00. The Certified Closeout Amendment shall serve as a contract amendment determining the final loan amount, local share and interest rate. In the event that the final costs identified in the Certified Closeout Amendment indicate that the BORROWER has received Public Works Trust Fund monies in excess of 85.00 % of eligible costs, all funds in excess of 85.00 % shall be repaid to the Public Works Assistance Account by payment to the Department of Community, Trade and Economic Development, or its successor, within 30 days of submission of the Certified Closeout Amendment. 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 BORROWER and be applied to the eligible costs of the approved project. Benefits shall accrue in one of two ways: 1. Reduce the amount of the Public Works Trust Fund loan, or 2. Pay any part of eligible" "project costs that are in excess of ATTACHMENT I: SCOPE OF WORK estimates,.", if there is an overrun of project costs. The BORROWER 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. In event of termination, 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 BORROWER shall begin the activities identified within ATTACHMENT I: SCOPE OF WORK no later than three (3) months after loan agreement execution. No later than Twenty- four (24) months after loan agreement execution, the BORROWER must issue a Public Works Trust Fund Notice to Proceed, which follows the formal award of a construction contract. No later than forty-eight (48) months after the date of agreement execution the_BORROWER must reach project completion., Failure to meet Tiine.of"Performance shall constitute default ofthis 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. The term of this agreement" shall be for the entire term of the loan, regardless of actual project completion, unless terminated sooner as provided herein. 4.06 Repayment Loan repayment installments are due on July 1st of each: year" during the 20 -year fixed term of the loan. The first loan repayment is. due July 1, 2009. Interest only will be charged for this 'payment if a draw is made prior to this date. All subsequent payments shall consist of principal and accrued interest due on July" 1s` of each"year during the remaining term of the loan. Repayment of the loan under this agreement shall include an interest rate of 0.50% per annum based on a 360 day year of twelve 30 day months. 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 to bring the loan balance to zero. The BORROWER has the right to repay the unpaid balance of the loan in full at any time or make accelerated payments without penalty. 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 (1st) day past the due date. The penalty will be assessed on 'the entire payment amount. The penalty will be one percent (1%) per month or twelve percent (12%) per annum. The same penalty terms shall 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 BORROWER 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 BORROWER of such delinquency. The BORROWER shall be responsible for all legal fees incurred by the BOARD in any action ' undertaken to enforce itsrights under this section. 4.08 Loan Security 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 agreement. 4.09 Recordkeeping 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 BORROWER and of persons, firms, or organizations with which the BORROWER may contract, involving transactions related to this project and this agreement. The BORROWER:agrees to retainall records" pertaining" to this project and this agreement for a period of six years from the date of "project closeout. 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 therecords 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 termination of this agreement as per Section 4.13. 4.11 Indemnification 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 from the acts or omissions of the BORROWER 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 BORROWER, any damages allowed shall be; levied in proportion to the percentage of negligence'attributable to each party. 4.12 Amendments, Modifications, Assignments, and Waivers BORROWER may request an arriendment to this agreement, which does not increase the amount of the loan, for the purpose of modifying the ATTACHMENT I: SCOPE OF WORK or for extending the time of performance as provided for in Section 4.05. Neither this agreement nor any claims arising under this agreement ;may be transferred or assigned by the BORROWER without prior written consent of the BOARD. 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 attached hereto. 4.13. Termination for Cause If the BORROWER fails to comply with the terms of this agreement, or fails to use the loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, ,the BOARD may terminate.,.the .agreement in whole or in part at any time. The BOARD 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 obligationto repay the unpaid balance of the; loan: 4.14. 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 appropriated for the purpose of meeting 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 performance 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 prevailing party is entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW). 4.16 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. 4.17 Project Completion and Certified Closeout Amendment The BORROWER shall initiate a Certified Closeout. Amendment when activities identified in ATTACHMENT I: SCOPE OF WORK are complete. The BOARD will supply the BORROWER with the Certified Closeout Amendment documents upon request. The BORROWER shall provide,.the following information to the BOARD: 1. A certified statement of the actual dollar,' amounts spent, from all fund sources, in completing the project as described. 4 2. A certified statement that the project, as described in the Loan Agreement's Scope of Work, is complete and has been designed/constructed to required standards. 3 Certification that all costs associated with the projecthave 'been incurred. Costs are incurred when goods and services are received and/or contract work is performed. 4. Provide status of performance measures identified in ATTACHMENT I: SCOPE.,OF WORK. 5. In accordance with Section 4.03 of this agreement;the BORROWER will submit, together with the Certified closeout 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 thecompletion of all, project activities. 6. Repayment of excess loan funds disbursed to the BORROWER must be made within 30 days of completion of the Certified Closeout Amendment. 4.18 Contractor. Requirement The BORROWER shall be responsible to ensure that their contractor(s) are in compliance with the Department of Revenue and the Department ofLabor Industries requirements. '4.19 Audit. Audits of the BORROWER'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 BORROWER. 4.20 Project Signs If the BORROWER 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. 4.21 Nondiscrimination Provision During the performance of this contract,, the BORROWER 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. 12101 et seq, the Americans with Disabilities Act. (ADA). In theevent ofthe BORROWER'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 BORROWER may be declared ineligible for, further contracts with the BOARD. The BORROWER shall, however, be given a reasonable 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 all laws, regulations, and agreements related to the preservation of historical or cultural artifacts and agrees to hold harmless the State of Washington in relation to any claim related to such historical or cultural artifacts discovered, disturbed, or damaged as a result of Borrower's public, Works project funded under this agreement. The BORROWER agrees that, unless Borrower is proceeding under an approved historical and cultural artifacts monitoring plan or other memorandum of agreement, if, historical or cultural artifacts are discovered during construction, the BORROWER shall immediately stop construction- and,notify the local historical preservation officer and thestate's historical preservation officer at the Washington State Department of Archaeology and Historic Preservation (DAHP). The BORROWER shall require this provision to be contained iri all 'contracts for work or services related to ATTACHMENT I: SCOPE OF WORK.-, In addition to the requirements set forth in .this'agreeinent Borrower agrees to comply with Revised Code of Washington (RCW) 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and;' Washington Administrative Code (WAC) 25- 48 regarding Archaeological Excavation and RemovalPermits. In addition to the requirements set forth in this agreement Borrower shall, 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 affected by the proposed public works project. Borrower agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing pre -requisite to receipt of funds under this agreement. Borrower agrees to furnish to the Board copies of any monitoring plan or agreement arising from Borrower's coordination and consultation with DAHP or an affected tribe. Failure by Borrower to fully comply with the requirements 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, 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"" Competitive Bidding Requirements The BORROWER shall "comply with the provisions of RCW 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 Eligible Project Costs The BORROWER assures compliance with WAC 399=30-030 whichidentifies eligible costs for projects assisted with Public Works Trust Fund loans. ATTACHMENT 1: SCOPE OF WORK PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN PROGRAM PC08-951-052 Yakima Railroad Grade Separations -Lincoln Ave/Mlk Jr Blvd Scope of Work: The following items are estimated quantities prior to final plan preparation. 10,000 tons of crushed surfacing base course 4,600 tons of hot mix asphalt; 44,000 square feet of interlocking concrete pavers; 78,000 square feet of diaphragm wall; 33,000 square feet of concrete fascia; 7,000 square yards of prefabricated drainage material; 2 each of railroad bridges; (BNSF Mainline Bridges) 2 each of vehicle bridges; (Front Street Bridges) 7,500 linear feet of storm sewer and underdrain pipe, 6 inch & 12 inch diameter; 2 each of pump stations for the stormwater runoff; 3,000 linear feet of ductile iron pipe for water main and fittings, 4, 6, 8, & 12 inch diameter; 1,500 linear feet of pvc sanitary sewer pipe, 8 inch diameter; 6,300 linear feet of cement concrete barrier curb and gutter; 3,500 linear feet of concrete barrier; 4,700 square yards of cement concrete sidewalk. SCOPE OF WORK PC08-951-052 Revised Peifoiminee Measures . . . — 2.2.42'.1 R VISE IX ,erfiirni a -nee , :','-' "..N°4 2.27,. '4 ''' '' 00 :i.Mf4OrcA(F(1.r,,,,,,,-,- Copsteuction, and:, ." ‘--- 4,:,,A.,; 4-7307a,wwte:', . liEmergencyzapplic,ant,,: i'uonly : ,..45,. ,,„s:i - ',,e . _ . - ' , l•,., ' Describe how the syccess'ofitheprOject will be measured. Be sure to identifti how the change will-be,ninsirkr,itkeistandard against which the change mil,:,,,,• 2„: ,fie,noted, the amount of thankethiit'isexpected, and when the change 011,04 ocCitrred. . , ‘:. ', i y: „, ,:.'i" ",0 1. Interruption to traffic flow will collectively decrease from one hundred (100) minutes per crossing location per day to zero (0) minutes per crossing location per day, representing a 100% reduction in traffic delay. 2. Carbon Monoxide levels within the project limits will be reduced from 3800 grams per hour to 3400 grams per hour. (This is a projected 10% reduction) 3. Traffic accidents caused by train delay and cross traffic congestion within the project limits should be reduced from fourteen (14) collisions in three years to virtually zero (0) after the completion this project. '41OW!-IXthe',IVIe'aiiireCto be Measured: Such„,aS're or Reduce.accidentS 1. This will be compared to past traffic studies of existing delays. 2. The Yakima Regional Clean Air Authority provided prior CO levels to the Yakima Valley Conference of Governments, (YVCOG). We will use this same process after construction. 3. The Yakima Police Department will maintain and measure a collision data report that will be provided to the Washington State Patrol (WSP) on an annual basis. ii0e1MeaXiiii;g6i4;ikbe Measured. rv" 1. Upon project completion 2. Upon project completion 3. Upon project completion 'A:S'ikhlnSfiPi'eds'niMitivtls;illi be accomPliS4ilfifiii*rie:Cirf .X,COMp1etiOn!Or4bRtheend of a particulary'ear.,, DateTlifined to:Complete Performance Measure 044k 6/30/2010 SCOPE OF WORK Estimated Project Costs: PC08-951-052 ST CA�TEG®RY{§ OS - mrnV',a .. b = . ,. A # .. + �rRE!ISE�DBUDGET :f :-�' i ws�3^� zr � aYUYn' ..1.#n a Y- •n b, a z 3'tC� .y K . _ Engineering Report :-Environmental':Review;µ ;r: Historical Review (Section 106 or 05-05) Land/ROW Acquisition :,. w;Permits:.::�:��:.�:...b..._..`x�.�....r� +� Public Involvement/Information BidDocumentsx,.. ... Construction {s OthrFs.. `.;b'r Contingency_ _,am,e 10jh4r,i nsfructioriEnginerig• Other: Other Other: s: ,.. :�;.-: ... ? Y ",;.,..... $ 430,000.00 $ 445,000.00 $ 5,000.00 $ 2,880,000.00 $ 50 000.00 $ 150,000.00 $1,650,000.00 $24,790,000.00 $0.00 $2,600,000.00 $ 1,950,000.00 $ 0.00 $ 0.00 $0.00 TOTAL ESTIMATED ... ;,3;Lt : >: q: SCOPE OF WORK PC08-951-052 Anticipated Funding Sources: Type of Funding, Source , , '' ' ,'Revised Budget Amount Grants $13,700,000.00 Grant #1 FHWA Grant #2 FMSIB $7,000,000.00 Grant #3 Other Grants (list sources) TIB $5,000,000.00 $0.00 1 Total Grants$25,700,000.00 Loans „ This PWTF Loan Request Public Works Board $3,000,000.00 Other Loan #1 $0.00 , Other Loan #2 Other Loans (1ist sources) Total Loans -- $0.00 $0.00 $3,000,000.00 Local Revenue Source #1 BSNF $1,700,000.00 Source #2 City of Yakima $2,000,000.00 Source #3 Other Local Revenue (list sources) $0.00 $0.00 Total Local Revenue ' "'" :-i A„ $3,70000.00 . Other Funds TIB/FHWA/Local $2,550,000.00 Total Other Funds , , , $2,550,000.00 Summary Totals Total Funding ,i, - 303" :r :6" „ ,,,1 , $ 34,950,000.00 f' SCOPE OF WORK PC08-951-052 Page 5 Calculating Local Percentage: Note: Grant funds cannot be counted as local match. Calculate as follows: Total Local Revenue PWTF Loan + Total Local Revenue The local contribution must be at least: Five percent (5%) Ten percent (10%) Fifteen percent (15%) = Local Percentage 15.0% for a loan interest rate of 2% for a loan interest rate of 1% for a loan interest rate of 0.5% ATTACHMENT II: ATTORNEY'S CERTIFICATION Public Works Trust Fund I, , 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 Yakima (the BORROWER); and I have also examined any and all documents and records 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 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 currently no litigation 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. The BORROWER 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 limitations applicable to the BORROWER. 730/ g Signat of Attorney Date "0 L. e Oa Nam XFU lYl.4 Address