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HomeMy WebLinkAbout3720 RESOLUTION NO. 3 7 2 0 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 (THE CITY) AND THE PUBLIC WORKS BOARD (THE BOARD) FOR PROJECT NO. C9056, AUBURN WAY SOUTH SEWER, PHASE B WHEREAS, the 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 $2,156,880 at an interest rate of one-half percent ("Y:z%) 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 2004 Budget as Project No. C9056, Auburn Way South Sewer, Phase B; 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. 3720 April 20, 2004 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 Works Trust Fund Construction Loan Agreement Number PW-04-691-001 between the City and the 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 $2,156,880 at an interest rate of one-half percent ("Y:z%) per annum on the outstanding principal balance, for the construction of Project No. C9056, Auburn Way South Sewer, Phase B. The term of the loan shall not exceed twenty (20) years, with the final payment due July 1, 2024. 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. 3720 April 20, 2004 Page 2 ru Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this 3rd day of ji)\O--j ,2004. CITY OF AUBURN ~~ PETER B. LEWIS MAYOR ATTEST: I,~J)J~ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ----------------------------- Resolution No. 3720 April 20, 2004 Page 3 ~ -~ ~ PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMENT NUMBER PW-04-691-001 CITY OF AUBURN PART I: ENTIRE AGREEMENT This agreement, and incorporated attachments, contains all tenns 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. Date S! vi þl.f L~T , ~ ~ . .--=' Signa" re ' - P~~'Ý ~. L€M.)\ S Print Name VV\~øv Title NAY 3 - APPROVED AS TO FORM ONLY This 17th Day of March, 2003 Christine O. Gregoire Attorney General Date q/ -&{)O/~Â9 Federal Taxpayer Identification Number By: Signature on File Jeanne A. Cushman Assistant Attorney General Page 1 2004 PWTF Construction Loan Agreement 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 ill: 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 aU 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 $2,156,880.00. The interest rate shall be one-half percent (1/2%) per annum on the outstanding principal balance. The tenn of the loan shall not exceed 20 years, with the final payment due July 1,2024. 4.02 Local Proiect Share The LOCAL GOVERNMENT pledges an amount of locally-generated revenue 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. Local project share must consist of expenditures eligible under WAC 399-30-030(3) and be related only to projectactivities 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. Page 2 2004 PWTF Construction Loan Agreement 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 (85%) 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 fonnal 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 fonnal award of a construction contract, or contract for engineering services, a sum not to exceed twenty five percent (25%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT. I 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. I 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. 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 $2,156,880.00 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 to 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. Page 3 2004 PWTF Construction Loan Agreement 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: 1. Reduce the amount of the Public Works Trust Fund loan. 2. Pay any part of eligible project costs that are in excess of ATTACHMENT 1: 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 I writing, that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds vote, extend the deadline. The tenn of this agreement shall be for the entire tenn of the loan, irrespective of actual project completion, unless tenninated sooner as provided herein. 4.06 Repavment The first loan repayment under this agreement is due July 1, 2005, and subsequent installments are due on July 1 of each year during the tenn 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. Page 4 2004 PWTF Construction Loan Agreement 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 of Community, Trade and Economic Development, or its successor, and sent to: Department of Community, Trade and Economic Development Administrative Services DivisionlFiscal 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 according to the?1ption designaJed/in S~ction ;l~9 Loan Security. The name of the fund, account, or sub-account shall be"-... j{L./Zi. ((;'<7/1/,/ ¡l.riC}. 'jt(j;r . (' U 4.08 Default in Repayment Loan repayments shall be made on the loan in accordance with Section 4.06 of this agreement. A payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a 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 for the delinquent amount. The same penalty tenns shall apply to delinquent repayment of funds paid in excess of eligible costs as I provided for in Section 4.03. ' The LOCAL GOVERNMENT acknowledges and agrees to the BOARD'S right, upon delinquency in the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the LOCAL GOVERNMENT of such delinquency including, without limitation, the state government and the United States of America or its agencies, credit rating agencies, and the municipal finance market. / The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by the BOARD in any action undertaken to enforce its rights under this section. Page 5 2004 PWTF Construction Loan Agreement 4.09 Loan Security st select one of the following options for securing repayment of the opriate option. 1. GeneralObligation: This loan is a general obligation of the LOCAL GOVERNMENT. OR 2. ,\./~l&~venue 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 perfonning a storm sewer project that have not created a stonn 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 W/ Sanitary Sewer (Wastewater) Stormwater Water/Sanitary Sewer Stonnwater/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 2004 PWTF Construction Loan Agreement 4.1 0 Recordkeeping and Access to Records The BOARD, the BOARD's agents, and duly authorized officials of the State shall have full access and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the 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 fonns as the BOARD may require, shall furnish the BOARQ 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 tennination 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 I 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 WQRK 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 Tennination for Cause If the LOCAL GOVERNMENT fails to comply with the tenns of this agreement, or fails to use the loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the BOARD may tenninate the agreement in whole or in part at any time. The BOARD shall promptly notify the LOCAL GOVERNMENT in writing of its detennination to tenninate, the reason for such tennination, and the effective date of the tennination. Nothing in this section shall affect LOCAL GOVERNMENT obligations to repay the unpaid balance of the loan. Page 7 2004 PWTF Construction Loan Agreement 4.15 Termination For Convenience The BOARD may tenninate 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 tennination 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 perfonnance 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 Proiect Completion The BOARD 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 I GOVERNMENT will provide the following infonnation 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 confonnance with the performance measures identified in ATTACHMENT I: SCOPE OF WORK. Page 8 2004 PWTF Construction Loan Agreement 4.19 Proiect 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 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 Proiect 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 I Discrimination, and 42 D.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 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. Page 9 2004 PWTF Construction Loan Agreement 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 ofRCW 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 Assignment 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. Page 10 2004 PWTF Construction Loan Agreement j ClK PW -04-691-001 õ)~~~ITW~TI Jill MAR 0 3 2004 & ~1IDJB\J!.R(Ç W©JRlI~ ill3©lA\JRl~ PUBLIC WORKS TRUST FUND ATTACHMENT 1: SCOPE OF WORK AUBURN AUBURN WAY SOUTH SANITY AR SEWER REPLACEMENT 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 (A WS) corridor, approximately from 368th Place, north along A WS to Academy drive then along Academy Drive and 32nd Street SE, and then back along A WS to a manhole that is south of Poplar Street SE. This conveyance line shall be replaced with approximately 2,000 lineal feet of 21" diameter and 7 ,000 LF of 24" diameter PVC pipe. 2. Identify the projects performance measures. For the past five years, the Auburn Way South sanitary sewer conveyance system has been experiencing surcharged flow conditions during rain events that have resulted in one and sometimes two overflow events per year. Replacement of the conveyance facilities serving the Auburn Way South basin (Academy Region) shall be completed prior to the rainy season of 2006. Once the conveyance lines are replaced the Auburn Way South conveyance facility shall experience zero surcharge conditions I for rain events up to and including the 25-year storm. This will also mean that the Auburn Way South conveyance system will not experience any wastewater overflows resulting in raw sewage spilling unto the surface. Under current zoning and design conditions, the reconstructed sanitary sewer facilities will be adequate to handle Auburn's existing and future wastewater needs. 3. The term of this loan will be based on an engineer's certification of the expected useful life ofthe 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. I, JEFF ROSCOE . licensed engineer, certify that the average expected useful life for the improvements described above is over twenty years. Date: '51mQ ~~ "Fe ~. 'l. <0 , '2. 00'-\ 253.931.4008 Signed: Telephone: Scope of Work Page Two PW -04-691-001 Estimated Proiect Costs: Engineering Environmental Review Land/R -0- W Acquisition I Public Involvementl Information Other Fees Construction Construction Inspection Contingency( 7%) 1. t 8.84% Tax 2. Other (Specifiy) TOTAL ESTIMATED COSTS Anticipated Fund Sources: A. Federal Grants State Grants B. Locally Generated Revenue General Funds Capital Reserves Other Funds Rates Assessments (LID, RID, ULID) Special Levies Federal Loan(s) from: (identify all) State Loan(s) from: (identify all) Other: (identify sources) Muckelshoot Indian Tribe TOTAL LOCAL REVENUE C. PUBLIC WORKS TRUST FUND LOAN $ $ $ $ $ $ $ $ $ $ $ $ $ Total Costs $ $ $ $ $ $ $ $ $ $ . N/A N/A 3,200,000 150,000 224,000 282,880 $ 3,856,880 $ $ 100,000 $ $ 1,600,000 $ 1,700,000 $ 2,156,880 Scope of Work Page Three PW-Q4-691-00 1 Calculating Local Percentage: Notes: 1. Grant Funds cannot be counted as local match. Calculate as follows Total Local Revenue PWTF Loan + Total Local Revenue 1,700,000 3,856,880 Five Percent (5%) Ten Percent (10%) Fifteen Percent (15 % ) = Local Percentage - 44% for a loan interest rate of for a loan interest rate of for a loan interest rate of 2% 1% 0.50 % , PUBLIC WORKS TRUST FUND ATTACHMENT II: ATTORNEY'S CERTIFICATION 1'_~'U-J3. J../-.øuf ,hereby certify I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the (the LOCAL GOVERNMENT); and I have also examined any and all documents and record 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 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 còntained in the loan agreement. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limit . s ap . able to the LOCAL GOVERNMENT. Dat~ ?.'2¡ ;;I.ðOf Si ~/:a-l g. M Name 1-C WUc~Ì\ YVik; ~w'n vJtf 'i.!CV/ Address l ~~ T:\Contracting\CONTRACT\Attcert.doc Project No. File No. - Desk Copy ..? -- ?. Cc AMENDMENT NUMBER 1 PUBLIC WORKS TRUST FUND LOAN AGREEMENT LOAN NUMBER PW-04-691-001 BETWEEN THE PUBLIC WORKS BOARD AND CITY OF AUBURN The purpose of this amendment is to extend the project completion date of the Public Works Trust Fund Loan Agreement Number PW-04-691-001 from 5/24/2008 to a new ending date of 8/24/2008 This amendment was approved by the Public Works Board (hereinafter referred to as the BOARD). The Board found the extension was necessary for the following reason: Completion of final documentation. The BOARD and the City of Auburn (hereinafter referred to as the BORROWER) agree to amend the Public Works Trust Fund Loan Agreement Number PW-04-69 1 -001 as described below. Section 4.05 Time of Performance is amended to read as follows: The BORROWER shall begin the activities identified within ATTACHMENT I: SCOPE OF WORK no later than three (3) months after the date of loan agreement, and reach project completion no later than 8/24/2008. 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 BORROWER may request, in writing, that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds vote, extend the deadline. This agreement shall be in place during the entire term of the loan regardless of the time of actual project completion. A copy of this amendment, consisting of two (2) pages, shall be attached to and incorporated into the original agreement between the BOARD and the BORROWER. Any reference in such agreement to the "agreement" shall mean "agreement as amended." All other items and conditions of the original loan agreement or prior amendments shall' remain in full force and effect. City of Auburn Page 1 5/29/2008 IN WITNESS THEREOF, the BOARD and the BORROWER have executed this amendment as of the date and year last written below. PUBLI W S ARD B RROWE? ` l Ke S y r, As 's ant Di ctor ar?i e T' le } Date Date % APPROVED AS TO FORM ONLY This 30th Day of March, 2007 Rob McKenna Attorney General By: Signature on File Andrew Scott Assistant Attorney General City of Auburn Page 2 5/29/2008