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HomeMy WebLinkAbout05-01-2006 ITEM VIII-B-5ACITYOF - WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4019 Date: April 19, 2006 Department: Attachments: Budget Impact: Public Works Resolution No. 4019 $ 0 Administrative Recommendation: this sewer system and is contributing 50% of the costs for design and construction. Phase II is currently City Council adopt Resolution No. 4019. W0501-5 Background Summary: The entire Auburn Way South sanitary sewer replacement project will be completed in three phases. Phase two of the Auburn Way South Sanitary Sewer Replacement project will be replacing the existing concrete sanitary sewer main with a larger PVC sanitary sewer main as it extends from the Forrest Villa Mobile Home Park on Auburn Way South to Riverwalk Drive then southwest along Riverwalk Drive and west along Howard Road to the intersection of R Street SE. The sewer utility has applied for and received a Public Works Trust Fund Loan in the amount of $3,500,000 for a 20 year term at 0.5% annum. The total construction costs have been estimated at $6,804,815. The Muckleshoot Indian Tribe has contractually purchased a portion of the capacity within this sewer system and is contributing 50% of the costs for design and construction. Phase II is currently soliciting bids and the bid opening is scheduled for May 2, 2006. W0501-5 04.6.3 PR C516A Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ® Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ® Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ®Public Works ® Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes []No Council Approval: ❑Yes []No Call for Public Hearing Referred to Until _/_/_ Tabled Until Councilmember: Wagner Staff: Dowdy Meeting Date: May 1, 2006 Item Number: VIII.B.5 AUBURN * MOItE THAN YOU IMAGINED RESOLUTION NO. 4 0 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A PUBLIC WORKS TRUST FUND LOAN AGREEMENT BETWEEN THE CITY OF AUBURN AND THE PUBLIC WORKS BOARD FOR PROJECT NO. C516A, AUBURN WAY SOUTH SEWER, PHASE II WHEREAS, the City of Auburn (City) desires to construct sanitary sewer capacity improvements along Auburn Way South; and WHEREAS, the City applied for and was granted a Public Works Trust Fund Loan in the amount of $3,500,000 at an interest rate of one-half percent ('/2%) per annum on the outstanding principal balance for a 20 -year term, with a participation match of fifteen percent (15%); and WHEREAS, the City and the Muckleshoot Indian Tribe (MIT) executed an Interlocal Agreement pursuant to Auburn Resolution No. 3660, adopted by Auburn City Council on March 1, 2004, for sharing in the replacement and maintenance costs for a new wastewater conveyance facility, conveying wastewater from MIT parcels located outside of Auburn City limits to King County's conveyance and treatment facilities; and WHEREAS, the scope of work for this Public Works Trust Fund Loan is identified in the 2006 Budget as Project No. C516A, Auburn Way South Sewer, Phase II; and WHEREAS; the MIT's financial participation will be used as the City's match for the Public Works Trust Fund Loan; and Resolution No. 4019 April 19, 2006 Page 1 WHEREAS, it is in the best interest of the City to use Public Works Trust Fund Loan monies to finance capital improvements to the public sanitary sewer system. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute Public Work's Trust Fund Construction Loan Agreement Number PW -06-962-003 between the City and the Washington State Public Works Board, in substantial conformity with the agreement attached hereto, marked as Exhibit 1" and incorporated herein by this reference. The Public Works Trust Fund loan is in the amount of $3,500,000 at an interest rate of one- half percent (Y2%) per annum on the outstanding principal balance, for the construction of Project No. C516A, Auburn Way South Sewer, Phase II. The term of the loan shall not exceed twenty (20) years, with the final payment due July 1, 2026. Loan payments shall be made from the City's Sanitary Sewer Utility Enterprise Fund. Local matching funds shall be paid from the Sanitary Sewer Utility Enterprise Fund and from funds received from the Muckleshoot Indian Tribe. Section 2. That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 4019 April 19, 2006 Page 2 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 2006. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid; City Attorney Resolution No. 4019 April 19, 2006 Page 3 PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMENT NUMBER PW -06-962-003 CITY OF AUBURN PART I: ENTIRE AGREEMENT This agreement, and incorporated attachments, contains all terms and conditions agreed to by the PUBLIC WORKS BOARD and the LOCAL GOVERNMENT and no other statements or representations written or oral, shall be deemed a part thereof. This contract consists of ten pages and two attachments. An attachment to this agreement, ATTACHMENT I: SCOPE OF WORK, consists of a description of local project activities, certification of the project's useful life, and identification of estimated project,costs and fund sources and is, by this reference, incorporated into this agreement as though set forth fully herein. In addition, ATTACHMENT II: ATTORNEY'S CERTIFICATION, is by this reference incorporated into this agreement. The PUBLIC WORKS BOARD and the LOCAL GOVERNMENT have executed this agreement as of the date and year last written below. PUBLIC WORKS BOARD Kelly Snyder, Assistant Director Date APPROVED AS TO FORM ONLY This 15th Day of March, 2006 Rob McKenna Attorney General By: Signature on File Andrew Scott Assistant Attorney General CITY OF AUBURN 4/7/2006 Page 1 LOCAL GOVERNMENT Signature Print Name Title Date Federal Taxpayer Identification Number M PART II: INTRODUCTION This loan agreement is made and entered into by and between the PUBLIC WORKS BOARD, or its successor, (referred to as the "BOARD"), a department of the state of Washington, and CITY OF AUBURN (referred to as the "LOCAL GOVERNMENT"). Acting under the authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project. PART III: PURPOSE The BOARD and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public works project that furthers the goals and objectives of the Washington. State Public Works Trust Fund Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities described in 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 agreement agree as follows: 4.01 Rate and Term of Loan The BOARD, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL GOVERNMENT a sum not to exceed $3,500,000.00. The interest rate shall be one-half percent (1/2%) per annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the final payment due July 1, 2026. 4.02 Eligible Project Costs and Local Share The LOCAL GOVERNMENT pledges to use an amount of locally -generated revenue as match of not less than fifteen percent (15%) of the total eligible portion of the project cost not funded by federal or state grants as identified in ATTACHMENT I: SCOPE OF WORK, to be verified at the time of project close out. Any change in the percentage of locally generated funds may require an adjustment in the loan amount or interest rate charged, or both. In such event, the LOCAL GOVERNMENT agrees to execute an amendment to this agreement adjusting the loan amount or interest rate, as appropriate. Eligible project costs must consist of expenditures eligible under WAC 399-30-030(3) and be related only to project activities described in ATTACHMENT I: SCOPE OF WORK. 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. CITY OF AUBURN Page 2 4/6/2006 it 4.03 Disbursement of Loan Proceeds The availability of funds in the Public Works Assistance Account is a function of tax collection and loan repayment. If funds are not available at the time the invoice is submitted, or when the agreement is executed, the issuance of warrants will be delayed. Therefore, subject to the availability of funds, warrants shall be issued to the LOCAL GOVERNMENT for payment of allowable expenses incurred by the LOCAL GOVERNMENT while undertaking and administering approved project activities in accordance with ATTACHMENT I: SCOPE OF WORK. In no event shall the total Public Works Trust Fund loan exceed eighty five percent (851/o) of the eligible actual project costs. The disbursement of loan proceeds shall be initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form. The loan funds will. be disbursed to the LOCAL GOVERNMENT as follows: Within thirty (30) days of the formal execution of this agreement, a sum not to exceed twenty percent (20%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT. Within thirty (30) days of the execution of a Notice to Proceed, which follows the formal award of a construction contract, or contract for engineering services, and documented compliance with Governor Gregoire's Executive Order 05-05 Archeological and Cultural Resources or Section 106 of the National Historic Preservation Act, whichever applies to this project, a sum not to exceed twenty five percent (25%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT. When the LOCAL GOVERNMENT certifies that 35% of the Public Works Trust Fund loan amount has been spent, a sum not to exceed twenty five percent (25%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT. When the LOCAL GOVERNMENT certifies that 60% of the Public Works Trust Fund loan amount has been spent, a sum not to exceed twenty five percent (25%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT. At the time of project completion, a Close out Report, (refer to Section 4.19 for Close out Report), shall be submitted to the BOARD by the LOCAL GOVERNMENT certifying total actual project costs. I The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess of eighty five percent (85%) of the eligible project costs or the total of $3,500,000.00 whichever is less. The Close out Report shall serve as a contract AMENDMENT for determining the final loan amount, interest rate, and local share. In the event that the final costs identified in the Close-out Report indicate that the LOCAL GOVERNMENT has received Public Works Trust Fund monies in excess of eighty five percent (85%) of eligible costs, all funds in excess of eighty five percent (85%) shall be repaid I the Public Works Assistance Account by payment to the Department of Community, Trade and Economic Development, or its successor, within thirty (30) days of submission of the Close-out Report. MY OF AUBURN Page 3 4/6/2006 4.04 Interest Earned on Public Works Trust Fund Monies All interest earned on Public Works Trust Fund Monies held by the LOCAL GOVERNMENT shall accrue to the benefit of the LOCAL GOVERNMENT and be applied to the eligible costs of the approved project. Benefits shall accrue in one of two ways: Reduce the amount of the Public Works Trust Fund loan. 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 LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the Public Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan agreement. Such procedures shall consist of the establishment of a separate fund, account, sub -account or any other method meeting generally accepted accounting principles. 4.05 Time of Performance The LOCAL GOVERNMENT shall begin the activities identified within ATTACHMENT I: SCOPE OF WORK no later than three months after loan agreement execution, and reach project completion no later than forty-eight (48) months after the date of agreement execution. Failure to perform within the time frame described in the preceding paragraph may constitute default of this agreement. In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in writing, that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds vote, extend the deadline. The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion, unless terminated sooner as provided herein. 4.06 Repavment The first loan repayment under this agreement is due July 1, 2007, and subsequent installments are due on July 1 of each year during the term of the loan. The first repayment under this agreement shall consist of interest only at the rate of one-half percent (1/2%) per annum, calculated on a 360 - day year of twelve 30 -day months, applied to funds received. Interest will begin to accrue from the date each warrant is issued to the LOCAL GOVERNMENT. Subsequent repayments shall consist of the principal balance due divided by the loan term remaining plus interest on the unpaid balance of the loan. The final payment shall be an amount sufficient to bring the loan balance to zero. The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time, and the right to repay at a faster rate than is provided in this agreement, provided that any such payment must equal or exceed the principal amount normally due on an annual basis. CITY OF AUBURN Page 4 4/6/2006 4.09 Loan Security The LOCAL GOVERNMENT must select one of the following options for securing repayment of the loan. Please initial the appropriate option. 1. General Obligation: This loan is a general obligation of the LOCAL GOVERNMENT. OR 2. Revenue Obligation: This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utility project. LOCAL GOVERNMENTS performing a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic water, sanitary sewer, and storm sewer activities may not use this option. This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of the utility system indicated below. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus expenses of maintenance and operations. The BOARD grants the LOCAL GOVERNMENT the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan agreement. Please choose and initial one of the following utility systems: Water Sanitary Sewer (Wastewater) Stormwater Water/Sanitary Sewer Stormwater/Sanitary Sewer Solid Waste OR 3. Local Improvement District: Pursuant to RCW 35.51.050, the LOCAL GOVERNMENT pledges to repay this loan from assessments collected from a Local Improvement District, Local Utility District or other similar special assessment district in which the improvements financed by this loan are located. The name of the special assessment district is Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under this agreement. CITY OF AUBURN Page 6 4/6/2006 r 4.10 Recordkeenine and Access to Records The BOARD, the BOARD's agents, and duly authorized officials of the State shall have full access and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL GOVERNMENT may contract, involving transactions related to this project and this agreement. The LOCAL GOVERNMENT agrees to retain all records pertaining to this project and this agreement for a period of six years from the date of project close-out. If any litigation, claim or audit is started before the expiration of the six year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 4.11 Reports The LOCAL GOVERNMENT, at such times and on such forms as the BOARD may require, shall furnish the BOARD with such periodic reports as it may request pertaining to the activities undertaken pursuant to this agreement including, but not limited to, quarterly progress reports, the Close -Out Report, and any other matters covered by this agreement. Failure to file periodic reports as requested may result in termination of this agreement as per Section 4.14. 4.12 Indemnification The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the BOARD, and the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or all injuries to persons or tangible property, arising from the acts or omissions of the LOCAL GOVERNMENT or any of its contractors or subcontractors, or any employees or agents in the performance of this agreement, however caused. In the case of negligence of both the BOARD and the LOCAL GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party. 4.13 Amendments Modifications and Waivers Except for an increase in the amount of the loan governed by this agreement, the LOCAL GOVERNMENT may request an amendment to this agreement for the purpose of modifying the SCOPE OF WORK or for extending the time of performance as provided for in Section 4.05. No modification or amendment resulting in an extension of time shall take effect until a request in writing has been received and approved by the BOARD in accordance with Section 4.05. No amendment or modification shall take effect until approved in writing by both the BOARD and the LOCAL GOVERNMENT and attached hereto. No conditions or provisions of this agreement may be waived unless approved by the BOARD in writing. 4.14 Termination for Cause If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the BOARD may terminate the agreement in whole or in part at any time. The BOARD shall promptly notify the LOCAL GOVERNMENT in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Nothing in this section shall affect LOCAL GOVERNMENT obligations to repay the unpaid balance of the loan. CITY OF AUBURN Page 7 4/6/2006 4.15 Termination For Convenience The BOARD may terminate this agreement in the event that federal or state funds are no longer available to the BOARD, or are not allocated for the purpose of meeting the BOARD'S obligations under this agreement. Termination will be effective when the BOARD sends written notice of termination to the LOCAL GOVERNMENT. Nothing in this section shall affect LOCAL GOVERNMENT obligations to repay the unpaid balance of the loan. 4.16 Governing Law and Venue This agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws 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). 4.17 Severability If any provision under this agreement or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be given effect without the invalid provision. 4.18 Project Completion The BOARD will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when the activities identified in ATTACHMENT 1: SCOPE OF WORK are completed. In the report, the LOCAL GOVERNMENT will 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. 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 project have been incurred. Costs are incurred when goods and services are received and/or contract work is performed. 4. Provide a date for reporting LOCAL GOVERNMENT conformance with the performance measures identified in ATTACHMENT I: SCOPE OF WORK. CITY OF AUBURN Page 8 4/6/2006 4.19 Project Closeout In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT will submit, together with the Close out Report, a request for a sum not to exceed the final five percent (5%) of the loan amount. This disbursement shall not occur prior to the completion of all project activities. The LOCAL GOVERNMENT shall be responsible to ensure that their contractor(s) are in compliance with the Department of Revenue and the Department of Labor & Industries requirements. 4.20 Audit Audits of the LOCAL GOVERNMENT'S project activities may be conducted by the Municipal Division of the State Auditor's Office in accordance with state law and any guidelines the Department of Community, Trade and Economic Development, or its successor, may prescribe. Payment for the audit shall be made by the LOCAL GOVERNMENT. 4.21 Project Signs If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers identifying those agencies participating financially in the approved project, the sign or marker must identify the Washington State Public Works Trust Fund as a participant in the project. 4.22 Nondiscrimination Provision During the performance of this contract, the LOCAL GOVERNMENT shall comply with all federal and state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA) - In the event of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the LOCAL GOVERNMENT may be declared ineligible for further contracts with the BOARD. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this noncompliance. 4.23 Historical and Cultural Artifacts The BORROWER acknowledges that the project funded by this Agreement is subject to Executive Order 05-05, Archeological and Cultural Resources. The LOCAL GOVERNMENT agrees that if historical or cultural artifacts are discovered during construction, the LOCAL GOVERNMENT shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at the Washington State Office of Archeology and Historic Preservation. The LOCAL GOVERNMENT shall require this provision to be contained in all contracts for work or services related to ATTACHMENT ONE: SCOPE OF WORK. CITY OF AUBURN Page 9 4/6/2006 PART V: SPECIAL ASSURANCES The LOCAL GOVERNMENT assures compliance with all applicable state and local laws, requirements, and ordinances as they pertain to the design, implementation, and administration of the approved project. Of particular importance are the following: 5.01 RCW 43.155.060 The LOCAL GOVERNMENT shall comply with the provisions 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 WAC 399-30-030(3) The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3) which identifies eligible costs for projects assisted with Public Works Trust Fund loans. 5.03 Assign�t Neither this agreement nor any claims arising under this agreement, shall be transferred or assigned by the LOCAL GOVERNMENT without prior written consent of the BOARD. CITY OF AUBURN Page 10 4/6/2006 PUBLIC WORKS TRUST FUND ATTACHMENT 1: SCOPE OF WORK PW -06-691-003 AUBURN WAY SOUTH SANITYAR SEWER REPLACEMENT, Phase II 1. Provide a clear description of the project to be financed in part by the Public Works Trust Fund loan. Replace the existing 10" diameter concrete sanitary sewer conveyance line along the Auburn Way South (AWS) corridor, from a manhole located south of Popular Street along AWS to Riverwalk Drive and then west along Riverwalk Drive and Howard Road to R Street SE. At R Street SE the sewer line shall be increased to 27 -inches and extended along 21St Street SE to M Street SE. At this point the sewer line will be increased to a 36" diameter and will be extended north along M Street SE to 17th Street SE, then west along 17th Street SE to the intersection of K Street SE where it ties into the King County conveyance line. This project shall be installing approximately 10,000 lineal feet of 24" diameter PVC pipe, approximately 1,300 lineal feet of 27" PVC, and approximately 2,000 lineal feet of 36" PVC pipe. (2.5 miles of sewer pipe) This project will include the replacement of side sewers within the public right of way, but is primarily for the replacement of the existing sewer line because of inadequate conveyance capacity. Upon completion of the replacement the conveyance system will have adequate capacity to allow for continued growth within the City and outside the City, upon Muckleshoot Indian Tribe owned property. 2. Identify the projects performance measures. Currently, Auburn Way South sanitary sewer system experiences approximately five (5) sewer -over -flow events annually. By June 2010, at the completion of this project, the number of sewer -over -flow events will decrease to no more than two (2) per year. 7 SCOPE OF WORK Page 2 PW -06-691-003 3. The term of this loan will be based on an engineer's certification of the expected useful life of the improvements, as stated below, or 20 years, whichever is less. If the local government prefers the term of its loan to be less than either 20 years or the useful life of the improvements, the preferred loan term should be indicated: years. 4. 1, JEFF ROSCOE licensed engineer, certify that the average expected useful life for the improvements described above is over twenty years. Signed: Date: tAR-cH Z'z- ( Z" S• Telephone: 253.931.4008 EXPIRES SCOPE OF WORK Page 3 PW -06-691-003 Estimated Project Cost Total Costs Engineering $ Enviornmental Review $ Land/ROW Acquisitioni $ Public Involvement/information $ 10,000 Other Fees $ Construction $ 5,468,595 Construction Inspection $ 250,000 Contingency (10%) $ 546,860 Sales Tax 8.8% $ 529,360 TOTAL ESTIMATED COSTS Anticipated Funding Sources: A. Federal Grants $ 0 State Grants $ 0 B. Locally Generated Revenue $ 0 General Funds $ 0 Capital Reserves $ 0 Other Fund $ 0 Rates $ 0 Assessments (LID, RID, ULID) $ 0 Special Levies $ 0 Federal Loan(s) from: $ 0 State Loan(s) from: $ 0 Other: Muckleshoot Indian Tribe $ 3,304,815 TOTAL LOCAL REVENUE C. PUBLIC WORKS TRUST FUND LOAN $ 6,804,815 $ 3,304,815 $ 3,500,000 SCOPE OF WORK Page 4 PW -06-691-003 Calculating Local Percentage: Notes: 1. Grant Funds cannot be counted as local match. Calculate as follows: Total Local Revenue = Local Percentage 49% PWTF Loan + Total Local Revenue The local contribution must be at least: 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 0.50% Per PW -06-691-003, Auburn is seeking a loan of 3,500,000 at an interest rate of 0.5% for a twenty year term. � r r Public Works Trust Fund ATTACHMENT II: ATTORNEY'S CERTIFICATION I� Ye , hereby certify: I am an attorney at�law admitted to/pJracticc in�the State of W)ashia�jton and the duly appointed attomey of the _�' �it�i� % / .4'�� �1�� i� /tel f: 77/-4 (the LOCAL GOVERNMENT); and v 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 LOCAL GOVERNMENT is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. 3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the LOCAL GOVERNMENT from repaying the Public works Trust Fund loan extended by the DEPARTMENT with respell to such project. The LOCAL GOVERNMENT is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the loan agreement. 4. Assum ion of this obligation would not exceed statutory and administrative rule debt I iUttoy to the LOL�G06V�EERNMENT. 24 4 Ue -- Date r" 4A . 1 9. Na Address