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HomeMy WebLinkAbout5.881 Amendment --itY csf Pvrt Record 5.881 a , Ct ' PORT AN GE1. 5 L1C WORXS bnJ STATE OF WASHINGTON 1015 JAN 27 AN g: {3 DEPARTMENT OF COMMERCE PO Box 42525® Olympia, Washington 98504-2525 m (360) 725-4000 January 21, 2015 Kathryn Neal City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 RE: Project Completion Amendment to PWTF Loan PW-08-951-034 Dear Ms. Neal: Enclosed is a fully executed original of the Project Completion Amendment (including Attachment I: Certified Project Completion Report)to Public Works Trust Fund Loan number PW-08-951-034. The amendment certifies completion of the project activities. Please keep these documents with the other local records related to your approved Public Works Trust Fund Loan Agreement. If you have any questions or need additional information, please do not hesitate to call me at (360) 725-3088 or email me at Connie.Rivera@commerce.wa.gov. 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C i O Ca rl- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O C O C 41 J M M CD O O CD (D O CD CO m (D (D (D O co _ � w 69 to to to tn' tn' to 'Al to 69 to to tn' to to tn' to o. O J (u " a C m -J w ` p N C O v ++ m U O J (A N C G 3 m O r_ N _M -Y N m r- 00 m O N M <t LO (D r- W I L E E 47 C LO Q) O N N N N N N N N N Q G7 IO O O E L -O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z Z N E .o L c i ' r r r r r .= .� r L Q O, (p R L L n = n W m L17 O r W m O p ;r r r r r r r r r r N N O N N Ol a Q1 M � r c N o L d9 r CD CD M N N O r M r fD NM # N c 0 J d' M O � U O a NM N z 0 U O O C O O O O O O r °o O N W N AMENDMENT FACE SHEET Loan Number: PC08-951-034 PROJECT COMPLETION AMENDMENT-X Washington State Department of Commerce PUBLIC WORKS BOARD PUBLIC WORKS TRUST FUND — CONSTRUCTION AND PRECONSTRUCTION LOANS 1. Contractor 2. Contractor Doing Business As(optional) City of Port Angeles N/A 321 E 5th St; PO Box 1150 Port Angeles, WA 98362-0217 3. Contractor Representative(only if updated) 4. Public Works Board Representative(only if updated) N/A N/A 5. Original Contract Amount 6. DeObligation 7. Final Contract Amount $10,000,000.00 $0.00 $10,000,000.00 8. Amendment Funding Source 9. Amendment Start Date 10. Amendment End Date Federal: ❑ State: 0 Other: ❑ N/A: ❑ Amendment Execution Date July 1, 2028 11. Federal Funds(as applicable): Federal Agency: CFDA Number: N/A N/A N/A 12. Amendment Purpose: The purpose of this amendment is to certify the project completion for the Public Works Trust Fund Loan Number PC08-951-034. The Board, defined as the Washington State Public Works Board, and Borrower/Contractor acknowledge and accept the terms of this Agreement/Contract As Amended and attachments and have executed this Agreement/Contract Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Agreement/Contract As Amended are governed by this Agreement/Contract Amendment and the following other documents incorporated by reference: Amendment Terms and Conditions, including Attachment I: Certified Project Completion Report. A copy of this Agreement/Contract Amendment shall be attached to and made a part of the original Agreement/Contract between the Board and the Borrower/Contractor. Any reference in the original Agreement/Contract to the "Agreement'or the "Contract'shall mean the"Agreement As Amended"or"Contract As Amended," respectively. FOR THE BORROWER/CONTRACTOR FOR PUBLIC WORKS BOARD Signature Stan stein, Public Works Board Chair Daniel K. McKeen Print Name Date City Manager, City of Port Angeles Title APPROVED AS TO FORM ONLY t a I w This 22nd Dav of December, 2008 Date Rob McKenna Attorney General Sionature on File Kathryn Wyatt Assistant Attorney General City of Port Angeles Page 1 Project Completion Amendment PC08-951-034 12/23/2014 Public Works Trust Fund AMENDMENT TERMS AND CONDITIONS PUBLIC WORKS BOARD PUBLIC WORKS TRUST FUND - CONSTRUCTION AND PRECONSTRUCTION LOANS The purpose of this amendment is to acknowledge the project has been certified complete and the final loan amount, interest rate, and local share on Public Works Trust Fund Loan Agreement/Contract Number PC08-951-034 have been adjusted,if necessary, as reflected below. The Public Works Board, (or its successor)a department of the state of Washington(hereinafter referred to as the "Board") and City of Port Angeles(hereinafter referred to as the"Borrower/Contractor") agree to amend Public Works Trust Fund Loan Agreement/Contract Number PC08-951-034 as described below. The amount of the loan shall be$10,000,000.00. The interest rate shall be 0.50% per annum on the outstanding balance. The Borrower/Contractor pledges to use an amount of local funds as local project share of not less than 15.0% of the total eligible portion of the project cost not funded by federal or state grants as identified in the Loan Agreement/Contract's Scope of Work. The attachment to this amendment,Attachment I: Certified Project Completion Report,includes the following sections: Chief Executive Officer and Project Engineer or Consultant Certifications; Estimated and Actual Project Costs by Cost Category;Estimated and Actual Project Funding; Final Loan Draw and Local Match Worksheet; and Performance Measures Report(for construction loans only). City of Port Angeles Page 2 Project Completion Amendment PC08-951-034 12/23/2014 Public Works Trust Fund ATTACHMENT I: CERTIFIED PROJECT COMPLETION REPORT PUBLIC WORKS BOARD PUBLIC WORKS TRUST FUND - CONSTRUCTION AND PRECONSTRUCTION LOANS Loan Number: PC08-951-034 Contractor:City of Port Angeles Project Name: Cso Project,Phase I Address: 321 East Fifth St. Original or Extended Project Completion Date: 5/12/2014 Port Angeles,WA 98362 Chief Executive Officer Certification The Chief Executive Officer of the Borrower/Contractor certifies that: • To the best of his/her knowledge,the financial information and data provided in this report is true and correct as of the signature date indicated below,and no project costs listed in this report incurred more than twelve(12)months before agreement/contract execution or after the date of the project completion; • Records supporting the information provided in this report are on file and will be made available by the Borrower/Contractor upon request; and • Attached is a copy of the formal action accepting the project as being complete(FOR PRECONSTRUCTION LOANS ONLY). City Manager, City of Port Angeles Signature of Chief Executive Officer Title Daniel K. McKeen I a J -s 1 ) 1 K Print Name Date of Signature Proiect Engineer or Consultant Certification The Project Engineer or Consultant of the Borrower/Contractor certifies that: • To the best of his/her knowledge,the data provided in this report is true and correct as of the signature date indicated below; • The project was completed in accordance with the Loan Agreement/Contract's Scope of Work; and • The project was completed on February 14,2014(Substantial Completion) (Actual Date of Project Completion) _IU2"n �' / Engineering Manager ignature Project Engi eer or sultant Title Kat eal, P.E. P><{- Qg&! "401+ Print Name Date of Signature City of Port Angeles PC08-951-034 12/23/2014 Public Works Trust Fund Section 1: Estimated and Actual PrQiect Costs by Cost Category !COST CATEGORY ESTIMATED COSTS, ACTUAL COST& !Engineering Report(Preliminary Engineering) $425,000.001 $1,617,853.00' 'Environmental Review $50,000.06 $381,214.001 ---------- lHistorical Review/Cultural Review I $25,000.00, land/ROW Acquisition $130,000.00, ;Permits $65,000.001 $242,667.0d 'Public Involvement/Information $5,000.00i $50,000.00' ----------------- 113id Documents (Design Engineering) $1,050,000.00' $2,620,627.001 lConstruction $13,400,000.001 $17,548,237.001 ---------- I'Other Fees: (Sales or Use Taxes) $0.0 $1,392,976.001 1-1---------------- 'iContingency: 10.00% $1,260,000.00 `Other: Property purchase,5MG tank $1,625,000.001 $249,215.00 Other: Construction inspection &management $1,305,000.001 $2,523,005.0011 Other: SCADA programming, misc support 1 $0.001 $62,355.001 ---------- 0! I Other: $0.0 $0.001 TOTAL PROJECT COST $1993409000.00, $27,7251302 City of Port Angeles PC08-951-034 12/23/2014 Public Works Trust Fund Section 2: Estimated and Actual Proiect Funding TYPE OF FUNDING SOURCE ESTIMATED FUNDING ACTUAL FUNDING Grants and Other Non-Matching Funds Grant#1 STAG $0.00 $0.00 Grant#2 PW-06-962-PRE-110 $590,000.00 $0.00 Grant#3 PW-07-962-PRE-117 $885,000.00 $0.00 New Grant $0.00 Total Grants and Other Non-Matching Funds $1,475,000.00 $0.00 Loans This Loan Re nest Public Works Board $10,000,000.00 $10,000,000.00 Other Loan#1 PW-07-962-015 $1,875,000.00 $1,875,000.00 Other Loan#2 FY2010 SRF Loan(DOE) $4,890,000.00 $0.00 Other Loan#3 FY2012 SRF Loan(DOE) $0.00 $10,000,000.00 New Loan PW-06-962-PRE-110 $590,000.00 New Loan PW-07-962-PRE-117 $885,000.00 Total Loans $16,765,000.00 $23,350,000.00 Local Revenue Local Revenue#1 Wastewater utility fund& $1,100,000.00 $3,862,937.00 CSO reserve fund Local Revenue#2 $0.00 $0.00 Local Revenue#3 Reimbursement from Ra omer,LLC $0.00 $433,414.00 _ New Local Revenue $0.00 Total Local Revenue $1,100,000.00 $4,296,351.00 Other Funds Other Funds $0.00 $0.00 Interest Earned on Investment of $78,951.00 PWTF Loan Funds Total Other Funds $0.00 $78,951.00 TOTALPROJECT FUNDING $19;340,000.00: $27,725,302.Q0 City of Port Angeles PC08-951-034 12/23/2014 Public Works Trust Fund Section 3: Final Loan Draw and Local Match Worksheet Line PWTF Total Loan Amount at Loan Contract Execution $10,000,000.00 1 __....... _.___.._.___._._. I Costs Incurred after Loan Contract Execution $27,725,302.00 2 Costs Incurred up to 12 Months before Loan Contract Execution 1 $0.00 3 _ . Total Actual Eligible Project Costs $27,725,302.00 j 4 Total Actual State and Federal Grants $0.00 5 t Reimbursable Eligible Project Costs $27,725,302 00 6 Percentage of Project Reimbursed by PWTF Loan at Loan Contract Execution ��-�� ���� _ �� � ' � 85.00%% 7 j PWTF Share of Reimbursable Eligible Project Costs $23,566,506.70 8 Interest Earned on Investment of PWTF Loan Funds (should match the amount $78,951.00 9 under the Actual Funding Column in Section 2) _ Maximum Eligible Cost for Reimbursement by PWTF Loan $23,487,555.70 10 Lesser of Total Loan Amount or Maximum Eligible Cost i $10,000,000.00 11 Lesser of Maximum Eligible Cost or Costs Incurred after Loan Execution $10,000,000.00 i 12 Total Amount of Loan Desired if Less than Eligible Cost(should match"This $10,000,000.00 13 Loan Request"amount under the Actual Funding Column in Section 2) PWTF Loan Total Amount Drawn to Date $9,500,000.00 14 ___ ........... ........ _.. j Final Draw: Maximum Eligible Cost(or Total Amount of Loan Desired) less 1 the PWTF Loan Total Amount Drawn to Date(If negative amount,a refund is $500,000.00 15 j required.) Actual Local Share: Reimbursable Eligible Project Costs less the Sum of Interest Earned on Investment of PWTF Loan Funds and Amount of Loan $17,646,351.00 16 Local Share Percentage at Project Completion 63.83% 17 k�...� _ ...._. ...._,,. .._..._. ..—, _..._....._. _. c. .,.,.. .., __._------------ ,..,,,�.. Current Interest Rate m New Interest Rate A I. .... .ye r. ....,.., r........,>.,,b..s .�...,_.........,_ :,..,.,,.,ad ,.a.a J,�.,.....,�.,....<.e....e,. ..w,e.,..„... ...,...,...,. �,w,. _ ......_..... .e... 0.50%O 0.50% Final Draw ~€ (or refund due from De-Obligation Borrower/Contractor if$amount on Line 15 is negative) $500,000.00 $0.00 City of Port Angeles PC08-951-034 12/23/2014 Public Works Trust Fund Section 4: Performance Measures Report—CONSTRUCTION LOANS ONLY ----------- Anticipated/ Current 1 Proposed I Amount of Completion PerformanceMeasure........... System Measure Measure Change Date* -------------------------------- ------- ------------_- Gallons combined sewer Sanitary Sewer 1 27,300,000 22,300,000 81.6% 12/1/2016 erflow eliminated Lov .............. Increase in total system Sanitary Sewer 13,400,000 50,000,000 1 273% 1 12/1/2016 1 C acity in MGD --------------- ...... -----------------------------­---------------- N/A Sanitary Sewer --------------------------- If the performance measure is not yet completed,this date represents the anticipated date on which the Borrower/Contractor will submit a Performance Measure Report/Update to the Public Works Board. City of Port Angeles PC08-951-034 12/23/2014 Public Works Trust Fund