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.
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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.
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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
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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.
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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
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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
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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.
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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
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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
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Address