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HomeMy WebLinkAbout5240 ORDINANCE NO. 5 2 4 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PUBLIC WORKS TRUST FUND LOAN AGREEMENT BETWEEN THE CITY AND THE WASHINGTON STATE DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT FOR DEVELOPMENT OF WATER CORROSION CONTROL FACILITIES AND APPURTENANCES. WHEREAS, the City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Pursuant to Chapter 35A.33 RCW, the City Council hereby approves the expenditure and appropriation of Public Works Trust Fund loan funds in the amount of $3,850,000 at an interest rate of one percent (1%) per annum on the outstanding principal balance. The term of the loan shall not exceed twenty (20) years, with the final payment due July 1, 2019. Loan payments will be made from the Water Utility Enterprise Fund. Local matching initial capital funds of not less than $1,650,000 will be paid from the Ordinance No. 5240 05/12/99 Page 1 City's Water Utility Enterprise Fund. Funds will be used to design and construct two facilities to treat water from water supply sources. The Mayor and City Clerk are hereby authorized to execute the Public Works Trust Fund Construction Loan Agreement between the City and the Washington State Department of Community, Trade and Economic Development, approving said Agreement, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference. The Mayor and City Clerk are also authorized to approve and execute any future supplemental agreements thereto required for completion of phases of the project, including but not limited to design and construction. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. This ordinance shall take effect and be in .force five (5) days from and after its passage, approval, and publication, as provided by law. Ordinance No. 5240 05/12/99 Page 2 INTRODUCED: June 7, 1999 PASSED: June 7, 1999 APPROVED: June 7, 1999 ~ CHARLES A. B~OTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City' Attorney Ordinance No. 5240 05/12/99 Page 3 PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMENT NUMBER PW-99-791-003 Auburn PART I: ENTIRE AGREEMENT This agreement, and incorporated attachments, contains all terms and conditions agreed to by the DEPARTMENT and the LOCAL GOVERNMENT. This contract consists of ten pages and two attachments. An attachment to this agreement, ATYACHMENT 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, ATYACHMENT H: ATTORNEY'S CERTIFICATION, is by this reference incorporated into this agreement. The DEPARTMENT and the LOCAL GOVERNMENT have executed this agreement as of the date and year last written below. DEPARTMENT OF COMMUNITY, LOCAL GOVERNMENT TRADE AND ECONO IC 91-6001228 DEVELOPMENT Name Charles A. Booth n Mayor Title Title ~/7//~/ June 8, 1999 Date ' Date APPROVED AS TO FORM BY ATTORNEY GENERAL Signature On File Suzanne Shaw Assistant Attomey General April 2, 1999 Date Exhibit "A", Ordinance No. 5240 Page 1 1999 PWTF Construction Loan Agreement Printed 11/11/98 CTED Contract Number S99-791-003 PART II: INTRODUCTION This loan agreement is made and entered into by and between the DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT, or its successor, a department of the state of Washington (referred to as the "DEPARTMENT") on behalf of the PUBLIC WORKS BOARD, or its successor, (referred to as the "BOARD")i and Auburn (referred to as the "LOCAL GOVERNMENT"). The DEPARTMENT has received an appropriation from the Washington State Legislatttre under the authority of Chapter 43,155 RCW to provide financial assistance to selected units of local govemment for the repair, replacement, reconstruction, rehabilitation, or improvement of bridges, roads, domestic water systems, sanitary sewer, storm sewer systems and solid waste facilities. 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 IH: PURPOSE The DEPARTMENT and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public works project which 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, as well as in the Public Works Trust Fund Application submitted to the BOARD by the LOCAL GOVERNMENT and upon which this agreement is based. The assisted 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 DEPARTMENT, using funds appropriated fi-om the Public Works Assistance Account, shall loan the LOCAL GOVERNMENT a sum not to exceed $3,850,000.00. The interest rate shall be one percent (1%) per annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the final payment due July 1, 2019. 4.02 Local Project Share The LOCAL GOVERNMENT pledges an amount of locally-generated revenue not less than thirty percent (30%) 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. Page 2 1999 PWTF Construction Loan Agreement Printed 11/11/98 CTED Contract Number S99-791 ~003 Local project share must consist of expenditures eligible under WAC 399-30-030(3) and be related only to project activities described in ATTACHMENT I: SCOPE OF WORK. These expenditures may be made up to twelve (12) months prior to the execution of the loan agreement and verified at the time of project close-out. PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE THE LOCAL GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF THIS LOAN AGREEMENT. 4.03 Disbursement of Loan Proceeds The DEPARTMENT shall issue warrants 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 seventy percent (70%) 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 provided by the DEPARTMENT. The loan ~mds 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 fifteen percent (15%) of the approved Public Works Trust Fund loan shall be disbursed by the DEPARTMENT to the LOCAL Within thirty (30) days of the execution of a Notice to Proceed which follows the formal award of a construction contract, a sum not to exceed seventy-five percent (75%) of the approved Public Works Trust Fund loan shall be disbursed by the DEPARTMENT to the LOCAL GOVERNMENT, except in the case of engineering services contracts. If the approved project described in ATTACHMENT I: SCOPE OF WORK is solely for the completion of engineering studies, a sum not to exceed seventy-five percent (75%) of the approved Public Works Trust Fund loan shall be disbursed by the DEPARTMENT to the LOCAL GOVERNMENT within thirty (30) days of the execution of a Notice to Proceed following the formal award of a contract for engineering services. At the time of project completion, a Close-out Report, (refer to Section 4.19 for Close-out Report), shall be submitted to the DEPARTMENT by the LOCAL GOVERNMENT certifying total actual project costs. The Close-out Report shall include copies of the approved closure reports from the Department of Revenue and the Department of Labor & Industries. The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess of seventy percent (70%) of the eligible project costs or the total of $3,850,000.00 whichever is less, nor shall this disbursement occur prior to the completion of all project activities and clearance of all Close-out documents from the Department of Revenue and the Department of Labor & Industries. 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 seventy percent (70%) of eligible costs, all funds in excess of seventy percent (70%) shall be repaid to the DEPARTMENT within thirty (30) days of submission of the Close-out Report. 1999 PWTF Construction Loan Agreement Printed 11/11/98 CTED Contract Number S99-7914303 4.04 Interest Earned on Public Works Trust Fund Monies All interest eamed on funds disbursed by the DEPARTMENT and 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: 1. Reduce the amount of the Public Works Trust Fund loan. 2. Pay part of the eligible project costs that are in excess of ATTACHMENT I: SCOPE OF WORK estimates. (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 October 1, 1999, and reach project completion no later than thirty-six (36) months aRer the date of agreement execution. Failure to perform within the time flame described in the preceding paragraph may constitute default of this agreement and require the immediate repayment of any loan tim& disbursed. In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in writing, that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds vote, extend the deadline. The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion, unless terminated sooner as provided herein. 4.06 Repayment The first loan repayment under this agreement is due July 1, 2000, 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 percent (1%) per annum, calculated on a 360-day year of twelve 30-day months, applied to funds received from the DEPARTMENT. Interest will begin to accrue from the date the DEPARTMENT issues each warrant 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 fight 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 amount normally due on an annual basis. 1999 PWTF Construction Loan Agreement Printed 11/11/98 CTED Contract Number S99-791-003 The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the DEPARTMENT and sent to: Department of Community, Trade and Economic Development Administrative Services Division/Fiscal Unit 906 Columbia Street S.W. P.O. Box 48300 Olympia, Washington 98504-8300 4.07 Repayment Account The LOCAL GOVERNMENT shall repay the loan solely ~'om utility revenues, generT./~obligation revenues, or a combination thereof. The name of the fund, account, or sub-account shall be 19 4.08 Default in Repayment Loan repayments shall be made to the DEPARTMENT 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 daily penalty beginning on the thirty-first (31) day past the due date. The penalty will be assessed on the entire payment amount. The penalty will be twelve percent (12%) per annum calculated on a 360-day year. Upon default in the payment of any annual installment, the DEPARTMENT may declare the entire remaining balance of the loan, together with interest accrued, immediately due and payable. Failure to exercise its option with respect to any such repayment in default shall not constitute a waiver by the DEPARTMENT to exercise such option for any succeeding installment payment which may then be in default. The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by the DEPARTMENT in any action undertaken'to enforce its rights under this section. 1999 PWTF Construction Loan Agreement Printed 11/11/98 CTED Contract Number S99-791-003 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. Q--~ 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 liexi on that net revenue. As used here, "net revenue" means gross revenue minus expenses of maintenance and operations. The DEPARTMENT 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: __ Sanitary Sewer (Wastewater) Stormwater __ Water/Sanitary Sewer __ Stormwater/Sanitary Sewer Solid Waste OR 3. Local Improvement District: Pursuant to RCW 35.51.050, the LOCAL GOVERNMENT pledges to repay this loan from assessments collected from a Local Improvement District, LoCal Utility District or other similar special assessment district in which the improvements financed by this loan are located. The name of the special assessment district is Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under this agreement. Page 6 1999 PWTF Construction Loan Agreement Printed 11/11/98 CTED Contract Number S99-791-003 4.10 Recordkeeping and Access to Records The LOCAL GOVERNMENT agrees to keep such records as the DEPARTMENT may require. Such records will include information pertinent to work undertaken as part of the project, including demonstration of compliance with the terms and provisions of this agreement and all applicable state and local laws and ordinances. The LOCAL GOVERNMENT agrees to retain these records for a period of three years from the date of project completion. The DEPARTMENT 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, rims, or organizations with which the LOCAL GOVERNMENT may contract, involving transactions related to this project and this agreement. 4.11 Reports The LOCAL GOVERNMENT, at such times and on such forms as the DEPARTMENT or the BOARD may require, shall furnish the DEPARTMENT 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 4.15. 4.12 Indemnification The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the DEPARTMENT, 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 of either in the performance of this agreement, however caused. In the case of negligence of both the DEPARTMENT 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 govemed by this agreement, the LOCAL GOVERNMENT may request an amendment of 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 DEPARTMENT and the LOCAL GOVERNMENT and attached hereto. No conditions or provisions of this agreement may be waived unless approved by the DEPARTMENT in writing. 4.14 Disputes Except as otherwise provided in this agreement, any dispute conceming a question of fact arising under this agreement that is not disposed of by this agreement shall be decided by a panel consisting of a representative of the DEPARTMENT, a representative of the LOCAL GOVERNMENT, and a representative of the Page 7 1999 PWTF Construction Loan Agreement Printed 11/11/98 CTED Contract Number S99-791-003 BOARD. The panel shall reduce its decision to writing and fumish a copy to all parties to the agreement. The decision of the panel shall be final and conclusive. This clause does not preclude the consideration of questions of law in connection with decisions provided for in the preceding paragraph provided that nothing m this agreement shall be construed as making final the decisions of any administrative official, representative, or board on a question of law. 4.15 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 DEPARTMENT may terminate the agreement in whole or in part at any time. The DEPARTMENT 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. Upon tennination of the loan agreement, the DEPARTMENT shall declare the entire remaining balance of the loan, together with any interest accrued, immediately due and payable. 4.16 Goveming Law and Venue This agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be govemed 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 DEPARTMENT will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when the activities identified in ATTACHMENT I: SCOPE OF WORK are completed. In the report, the LOCAL GOVERNMENT will provide the following information to the DEPARTMENT: 1. A description of the actual work performed, in addition to a certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as described. 2. 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. 3. Copies of the approved closure reports from the Department of Revenue and the Department of Labor & Industries, certifying that all sales taxes have been paid and appropriate industrial insurance and prevailing wages have been paid. 1999 PWTF Construction Loan Agreement Printed 11/11/98 CTED Contract Number S99-791-003 4.19 Project Close-Out In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT will submit, together with the Close-out Report, a request for a sum not to exceed the final ten percent (10%) of the loan amount. This disbursement shall not occur prior to the completion of all project activities and clearance of all Close-out documents from the Department of Revenue and the Department of Labor & Industries. The LOCAL GOVERNMENT shall be respon. sible to ensure compliance with the Deparlment of Revenue and the Department of Labor & Industries requirements by their contractor(s). 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 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 Utilization of Minority and Women's Business Enterprises (MWBE) In accordance with legislative findings and policies set forth in Chapter 39.19 RCW, the DEPARTMENT encourages participation by Minority and Women's Business Enterprise firms certified by OMWBE. Voluntary goals for participation are: Construction/Public Works 10% MBE 6% WBE Architect/Engineering 10% MBE 6% WBE Purchased Goods 8% MBE 4% WBE Purchased Services 10% MBE 4% WBE Professional Services 10% MBE 4% WBE 4.23 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 DEPARTMENT. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute of fact may be resolved in accordance with the Section 4.14, Disputes. 1999 PWTF Construction Loan Agreement Printed 11/11/98 CTED Contract Number S99-791-003 4.24 Historical and Cultural Artifacts The BORROWER agrees that if historical or cultural artifacts are discovered during construction, the BORROWER 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. 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. 1999 PWTF Construction Loan Agreement Printed 11/11/98 CTED Contract Number S99-791-003 PUBLIC WORKS TRUST ATTACH:ME1Yr h SCOPE OF WORK 'PW-99-791-003 Cil~r of A,,brn Carrosian Cantrol Facilities (P~e~ Tilie) 1. Provide a cle~' description of the project to be financed in part by a Public Works Trust Fund loan. (Atm~ additional sheets if necessary): The project consists of the design and construction of two facilities to treat water from existing water sources to serve existing customers in the City's service area. The facilities are required to meet compliance requirements of the Lead and Copper Rule and a Washington Department of Health Bilateral Compliance Agreement Both corrosion control treatment facilities will utilize air stripping in packed towers to remove carbon dioxide and increase the pH and reduce the cortosivity of the treated water toward customers' copper piping. The first facility will treat water from Coal Creek Springs and will include a new pump station to convey the treated water into the distribution system. The second facility will treat water from two or possibly three wells in the Fulmer Reid area. A new pump station will also be associated with this facility, as well as a blending station to mitigate manganese'- levels from one of the wells. At both sites, there will be associated site improvements and environmental mitigation features. 2. The term of this loan will be based on an cngincefs certification of the cxtnct~ useful life of the h..pto~ as slated below, or 20 years, whichever is less. If the local Sorer-merit pretn the l=zm of ira loan in bc less tS,.. cigacr20 yean or thc useful life of the hxth~vck,...ds. the p. dx.. ,~l loan term should be inalcaWa- 20 years. : .';- 3. I, r.,,,-,, ~. H,-gf,~,,,.,,. -p.. ~.. , licensed --Sine-r, ccrtif-y that the average ~,'cch.,t useful life for the improvements descnt~ above is 2 o years. Date: C) Telephone:. 'L Scope of Work Page Two PW-99-79 1-003 F~imated Proiect Costs: Imp,rovement, Total Expansion Rcpair or or Growth Replacemen: Pr~!iminm~tEngineerl~port $ 107,000. $ 0 $ 107,000 Design Engineering $ 510,000 $ 153',000 $ 357,000 BidDocuraentPmparation $ 170,000 $ 0 S 170,000 Environmental Studies $ 25,000 $ o $ 25,000 Lartd/R-O-WAcquisition $-75,000 $ 0 S 75,000 SalesorU~Taxes $ 477,000 $ 143,000 $ 334,000 Othex Fees $ 88,000 $ 0 $ 88,000 Cons~uction[~t/on $ 300,000 $ 90,000 $ 210,000 Start-up Costs $ 20,000 $ 0 $ 20,000 Financing Costs $ 75,000 $ 25,000 $ 50.000 C°ntingencY~(.L~.%)' $ 555,000 $ 166.000 $ 389.000 Construction $ 5,550,000 $ 1,665,000 $ 3,885,000 TOTAL ESTIMATED COSTS $ 7,952,000 $ 2,242,000 $ 5.710.000 Anticioated Fund Sources: A. Federal Gmt~ $ 0 Smm Grnat~ $ 0 B. Loca!lyGeneraredRevenue Gener~ F~ch $ C. apitaI l~t, etv~ $ C)thcr Fund $ P,o~s $ 1,860,000 As.~n~nn $ Special ~vi~ $ . Fdcrai Loan(s) from: (id~fify aID .$ $ sta~ Loan(s) fi~n: (iden~y aID $ other:. (kt~fi~ ~ur~s) $ TOTAL LOC, AL P,~VE.M.~. $ ~, 860. 000 c. PtJ~HCWOPJ~.TRUST~LOAN $ 3,850,000 T:'4nVV~onlrac:l~lt, anslrucllm'~,an~ Saope. OOT Scope of Work Page 3 PW-99-791-003 # Calculating Local Percentage: Notes: 1. Expansion/Growth costs are not cligx~le for PWTF funding. Please exclude any expansion or growth rehted costs and fUlldinE before calculating the local percentage, 2, Grant fun& can not be coonted as local match, Calculate as follows: Totsl I.ocal Revenue PWTF Loan + Total Local Rr~enue = Local Percentage 3 2.6 The local conm'bution must be at least: Ten pen:ent (10%) for a loan interest rate of 3% Twenty percent (20%) for a loan interest rate of 2% Thirty percent (30%) for a loan interest rate of 1% T:~PWB\Contracting~Construction~Const Scope. DOT Public Works Trust Fund ATTACHMENT I1: ATTORNEY'S CERTIFICATION I, ~J~ ~,~,.~ '~.~ (~c~'e ~'~'-~ , hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attomey of the C-v.~.(, 6'~ (the LOCAL GOVERNMENT); 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 LOCAL GOVERNMENT is a public body, propedy constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local · funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. 3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the LOCAL GOVERNMENT from repaying the Public works Trust Fund loan extended by the DEPARTMENT with respect to such project. The LOCAL GOVERNMENT is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the loan agreement. 4. Assumption of this obligation would not exceed statutory and administrative rule debt .... hie to the LOCAL GOVERNMENT. Signature of Attorney Date M:Lchael J. Reynolds Name City of Auburn, 25 W Main Street, Auburn, WA 98001 Address . , :. - s D,�� S��f4 �' AMENDMENT FACE SHEET ' _ - - . ___ Loarr Number: PW-99-791-003 Amendment Number: Y Washington State Departmentaf Commerce PUBLIC WORKS BOARD RUBUC WORK57RUSTFUND _ ._ _ . _ . _ 7. Contractor 2.Confracto�Doing Business As(optional) City of Aubum N/A 25 West Main Street Aubum, 1NA 98001 3.Contractor Representative{only if updated) 4.'public Woiks Board Represenfative(only if uptlated) N/A ' , N/A 5. Original`Contract Amounf 6:Amendment Amount 7rNew Contrac(AFnount _ .. __ _ $3,850,000.00 NIA N/A , _ __--- 8.Amendrrient Funding Source `. 9.Amendment Start Date 70.AmendmeM End Date Federal: ❑ State: 0 Other. � N/A: ❑ '; AmendmentExecution Date - ;Iuly 1 2019,_____ _ 17. Federal Funds (as appUcable): FederalAgencyi , . CFDA Number: N/A N!A N(A , _. _ 12.A�nendment Purpose;' The purpose of this amendmentis to reyise.the Default in Reoevment SecUon of the Public Works Trust Fund Loan Number PN/-99,Z91-003. " - The Board, deflnQd as the Washington.State Public Works Board, snd sorrowerlContractor acknowledge -and accept the terms of this Agreement/Contract As Amended and have executed this AgreemenUContract Amendment on the date belowto start as of the date andyear referenced above. 7he rights and obtigadons of both parties to this AgreemenUContragt As Amended are govemed by this'AgregmenUContract ." Amendrrient antl the following other documents inwrporated by reference: Amendment Terms 8nd _______.__ _------ -- ----- _._..-- Conditiong.A capy of tFus'AgreemenUCo�ltract Amendment shall be attached M and made a part of.the original Agreement/Contr�ct between the Board,antl the 6orrowed¢ontractoc Any reference in the original Agreeme�UContract to the"/�qreemenC or the'Contract' shall mean the"Agreement As Artieridetl"or,: "Con ended," re eetively. ;, ,' : FO THE BORRO CONT CTOR FOR PUBLIC WORKS BOARD ` 1 ` ;y . Signature � Joh aRocque, Execuf irector Peter B. Lewis //�2�/6 Print Name Date —� Mayor Title APPROVED AS TO FORM ONLY ( 1 �1 I I O This 18�" Dav of December 2008 Date Roli MoKerina Attorney General Sipnature on File Kathryn Wyatt Assistant Attome General Ciry of Au6um Page t Acoeleratlon Remo6ai AmentlmenY PW-99-791-003 10/27/2010 Public Works Tmst Fund -i � AMENDMENT TERMS AND CONDITIONS PUBLIC WORKS BOARD PUBUC WORKS TRUST FUND The purpose of this amendment is to reyise the Defauit in Repavment Section of the Public WorksTrust Fund Loan AgreemenUGontract NumberPW-99-791-003. This:arrientlment is to delete tlie"Acceleretion ProVisions" in the Loan AgreemenUContract Number PW-99-791-003 that allows the Board, in,certain ci�cumstances,to declare the entire remaining balance of a loan, fogether with accrued interest, immediately due and payable. The Public Works Board(or its successor), a department of the Stafe of Washington, (hereinafter referred to as the"Board") and City of Auburn{hereinafter referred to as tFthe"BorrowedContractor")agree to amenli � Publio Works Trust Fund Loan AgreemenUContract Number PW-99,791-003 as desc�i6ed below. Default in ReAavment Section of Loan Agreement/Contract Number PW-99-791-003 is amended to read as follows: � Loan repayments shall tie:made on the loan in accordance with Reoavment SecUon'of this` AgreemenVContract. ;A payment no4 Ceceived within thirty{30J days of the due Cate shall' - tie declared delinquent.' Delinquent payments shall be'sssessed a monthly penalty r, beginning on ihe first (1st) day past tHe due date. Fhe penalty will be assessetl:on fFie entire paymenYamount: The penalty will be one percent(1%)per month or tweNepercent (12%) per annum. The same penalty terms shall apply.at p[oject completion`.if the repayment of loan funds in excess of eligible costs are not repaid at the time of tfie:Project CompleUon Amendment is submitted, as provided for in the Project Com�letion Amendment anG Certified Project Comoletion Report SectEon. . Tlie BORower/Cantractor acknowledges and agrees to the Board's right, ppon delmquency:' < in 3he payment of any arinual mstaliment to notify any othec_entdy,_creditors,or po�ntral �'' ----- = _ -------- credi�ors of the�orrowerTContractor of such del'inquency..- The BorrowerLContractor shall be responsible for all legal fees incurred by tFie Board in any.action undertaken to enforce'its rights under this section. City of Auburn Page 2 Acceleration Removal Amendmeirt PW-99-791-003 � 1�/27/2010 � � � Public�lNorksTrustFund .