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 .