HomeMy WebLinkAbout5.783 Original Contract
5. 78:3
AMENDMENT NUMBER 1
PUBLIC WORKS TRUST FUND LOAN AGREEMENT NUMBER
PW-06-962-PRE-II0
BETWEEN
THE PUBLIC WORKS BOARD
AND
City of Port Angeles
I
The purpose of this amendment is to extend the term of Public Works Trust Fund Loan Agreement
Number PW-06-962-PRE-II0 from five years to 20. This amendment is being entered into based on Pre-
Construction program policy adopted by the Public Works Board at its February 3, 1998 meeting.
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")
agree to amend Public Works Trust Fund Loan Agreement Number PW-06-962-PRE-II0 as described
below.
Section 4.01 Rate and Term is amended to read as follows:
The BOARD, using funds appropriated from the Public Works Assistance Account, shall loan the
BORROWER a sum not to exceed $590,000.00. The interest rate shall be 0.50 percent per annum on the
outstanding principal balance. The term of the loan shall not exceed 20 years, with the fmal payment due
July I, 2026.
A copy of this amendment, consisting of one (l) page 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.
IN WITNESS THEREOF, the BOARD and the-BORROWERhave executed this amendment as of the
date and year last written below.
BORROWER
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Date
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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
'jQ) ECEX'iIVEIQ )
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5. '78.:3
Washington State
Public Works Board
Post Office Box 48319
Olympia, Washington 98504-8319
June 6, 2006
Ms. Terri Partch
Port Angeles
PO BOX 1150
Port Angeles, W A 98362
Regarding: Public Works Trust Fund Loan Agreement
Number PW-06-962-PRE-110
Dear Ms. Partch:
Enclosed is a fully executed copy of Public Works Trust Fund Loan Agreement Number
PW-06-962-PRE-110 between the Public Works Board and Port Angeles. Please keep
this copy with other local records related to your approved Public Works Trust Fund
project. Also enclosed are vouchers for requesting funds along with instruction.
If you have any questions please call, Terry Dale, your Client Services Representative, at
(360) 586-4126 or you may call me at (360) 586-4135.
Sincerely;
~~
Cathy Brockmann
Contract Specialist
CLB:cb
Enclosure
Admlnlstrattve services prOVided by the Department of Commumty, Trade and Economic Development
(360) 586-4120
Fax (360) 664-3029
Web site: www.pwb.wa.gov
Public Works Trust Fund
Instructions for Completing Vouchers
Pre-Construction Loans
Included in this package
. Voucher
. Voucher Instructions
Instructions for completing vouchers
Section 4.03 of the Loan Agreement describes the two points at which portions of your
loan will be disbursed to you:
1. Seventy-five (75%) of the loan may be disbursed upon execution of the loan
agreement;
2. The final portion ofthe loan may be disbursed upon project close-out.
Attached is an invoice voucher for the first draw. This voucher reflects 75% of the
approved loan. It should be signed and dated by the individual authorized to sign
vouchers by your jurisdiction. Send the voucher to the Public Works Board at the
address on the voucher. Be sure to keep a copy of the voucher for your records. You
should receive your funds approximately 14 days from the date you mailed the voucher to
the Board.
tra.
PUBLIC WORKS TRUST FUND
PRE-CONSTRUCTION LOAN AGREEMENT
NUMBER PW-06-962-PRE-II0
CITY OF PORT ANGELES
PART I: ENTIRE AGREEMENT
This agreement, and incorporated attachments, contains all terms and conditions agreed to by the PUBLIC
WORKS BOARD and the LOCAL GOVERNMENT and no other statements or representations written or
oral, shall be deemed a part thereof. This contract consists of ten pages and two attachments. An attachment
to this agreement, ATTACHMENT I: SCOPE OF WORK, consists of a description of local project
activities, certification of the project's useful life, and identification of estimated project costs and fund
sources and is, by this reference, incorporated into this agreement as though set forth fully herein. In
addition, ATTACHMENT IT: 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.
"-
J( A RFE N A. -Rn I'..,E.-R~
lfriht Name '-
Date
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~A"OR-
Title
APPROVED AS TO FORM ONLY
This 17th Day of March, 2003
Christine O. Gregoire
Attorney General
.5-,5J-Dl.o
Date
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Federal Taxpayer I entification Number
By: Signature on File
Jeanne A. Cushman
ASSIstant Attorney General
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CITY OF PORT ANGELES
5/1/2006
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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 PORT
ANGELES (referred to as the "LOCAL GOVERNMENT").
Acting under the authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL
GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project.
PART III: PURPOSE
The BOARD and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public
works project that furthers the goals and objectives of the Washington State Public Works Trust Fund
Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities
described in ATTACHMENT I: SCOPE OF WORK. The project must be undertaken in accordance with
PART IV: TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by
this reference are incorporated into this agreement as though set forth fully herein.
PART IV: TERMS AND CONDITIONS
The parties to this agreement agree as follows:
4.01 Rate and Term of Loan
The BOARD, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL
GOVERNMENT a sum not to exceed $590,000.00. The interest rate shall be one-half percent (1/2%) per
annum on the outstanding principal balance. The term of the loan shall not exceed 5 years, with the fmal
payment due July 1, 2011.
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
project actIvities described ill 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.
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CITY OF PORT ANGELES
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4.03 Disbursement of Loan Proceeds
The availability of funds in the Public Works Assistance Account is a function of tax collection and loan
repayment. If funds are not available at the time the invoice is submitted, or when the agreement is
executed, the issuance of warrants will be delayed. Therefore, subj ect 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 formal execution of this agreement, a sum not to exceed seventy-five percent
(75%) 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 4.18 for Close-out Report), shall be
submitted to the BOARD by the LOCAL GOVERNMENT certifying total actual project costs.
The fmal 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 $590,000.00 whichever is less, nor shall this
disbursement occur prior to the completion of all project activities. The Close-out Report shall serve as a
contract AMENDMENT for determining the fmalloan 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.
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CITY OF PORT ANGELES
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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 I: SCOPE OF WORK
estimates, if there is an overrun ofproject 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 eighteen (18) months after the date of agreement execution.
Failure to perform within the time frame described in the preceding paragraph may constitute default of this
agreement. In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in
writing, that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds
vote, extend the deadline.
The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion,
unless terminated sooner as provided herein.
4.06 Repayment
The first loan repayment under this agreement IS due July 1, 2007, and subsequent installments are due on
July 1 of each year during the term of the loan. The first repayment under this agreement shall consist of
mterest 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 m 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.
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CITY OF PORT ANGELES
5/1/2006
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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 Washington State Public Works
Board, or its successor, and sent to:
Washington State Public Works Board
P.O. Box 48319
Olympia, Waslnngton 98504-8319
4.07 Repayment Account
The LOCAL GOVERNMENT shall repay the loan according to the option designated in Section 4.09 Loan
Security. The name of the fund, account, or sub-account shall be in A 5./ ,; ill n T Et<. F u. Iv D .
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-frrst (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 terms shall apply to delinquent repayment of funds paid in excess of eligible costs as
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.
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CITY OF PORT ANGELES
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4.09 Loan Security
The LOCAL GOVERNMENT must select one of the following options for securing repayment of the
loan. Please initial the appropriate option.
1.
General Obligation: This loan is a general obligation of the LOCAL GOVERNMENT.
OR
2. ! liL-. Revenue Obligation: This option may be used only if the entire project is a domestic
water, sanitary sewer, storm sewer or solid waste utility project. LOCAL GOVERNMENTS performing
a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm
sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic water,
sanitary sewer, and storm sewer activities may not use this option.
This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of
the utility system indicated below. Payments shall be made from the net revenue of the utility after the
payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the
utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus
expenses of maintenance and operations. The BOARD grants the LOCAL GOVERNMENT the right to
issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and
charge of this loan agreement.
Please choose and initial one of the following utility systems:
Water
I ~ Sanitary Sewer (Wastewater)
Stormwater
Water/Sanitary Sewer
Stormwater/Sanitary Sewer
Solid Waste
OR
3. _ Local Improvement District: Pursuant to RCW 35.51.050, the LOCAL
GOVERNMENT pledges to repay this loan from assessments collected from a Local Improvement
District, Local Utility District or other similar special assessment district in which the improvements
financed by this loan are located. The name of the special assessment district is
Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan
repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under
this agreement.
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CITY OF PORT ANGELES
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4.10 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, excetpt, or transcribe any pertinent documents, papers, records, and books of the
LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL GOVERNMENT
may contract, involving transactions related to this project and this agreement.
The LOCAL GOVERNMENT agrees to retain all records pertaining to this project and this agreement for a
period of six years from the date of project close-out. If any litigation, claim or audit is started before the
expiration of the six year period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved.
4.11 Reports
The LOCAL GOVERNMENT, at such times and on such forms as the BOARD may require, shall furnish
the BOARD with such periodic reports as it may request pertaining to the activities undertaken pursuant to
this agreement includmg, but not limited to, quarterly progress reports, the Close-Out Report, and any other
matters covered by this agreement. Failure to file periodic reports as requested may result in termination of
this agreement as per Section 4.14.
4.12 Indemnification
The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the BOARD, and
the state of Washington from and agamst any and all claims, costs, damages, expenses, or liability for any or
all injuries to persons or tangible property, arising from the acts or omissions of the LOCAL
GOVERNMENT or any of its contractors or subcontractors, or any employees or agents in the performance
of this agreement, however caused. In the case of negligence of both the BOARD and the LOCAL
GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence
attributable to each party.
4.13 Amendments. Modifications. and Waivers
Except for an increase in the amount of the loan governed by this agreement, the LOCAL GOVERNMENT
may request an amendment to this agreement for the pUIpose of modifying the SCOPE OF WORK or for
extending the time of performance as proVIded for in Section 4.05. No modIfication or amendment resultmg
in an extension of time shall take effect until a request in writing has been received and approved by the
BOARD m 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 wnting.
4.14 TerminatIOn for Cause
If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the loan
proceeds only for those activIties identified in ATTACHMENT I: SCOPE OF WORK, the BOARD may
terminate the agreement in whole or m part at any time. The BOARD shall promptly notify the LOCAL
GOVERNMENT m writing of its determination to terminate, the reason for such termmation, and the
effective date of the termination. Nothmg m this section shall affect LOCAL GOVERNMENT oblIgations
to repay the unpaid balance of the loan.
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4.15 Tennination For Convenience
The BOARD may terminate this agreement in the event that federal or state funds are no longer available
to the BOARD, or are not allocated for the purpose of meeting the BOARD'S obligations under this
agreement. Termination will be effective when the BOARD sends written notice of termination to the
LOCAL GOVERNMENT. Nothing in this section shall affect LOCAL GOVERNMENT obligations to
repay the unpaid balance of the loan.
4.16 Governing Law and Venue
This agreement shall be construed and enforced in accordance with, and the validity and performance hereof
shall be governed by, the laws ofthe 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
GOVERNMENT will provide the following information to the BOARD:
1. A copy of the Close-out Report.
2. A copy of a resolution accepting the project design as being complete.
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.
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CITY OF PORT ANGELES
5/1/2006
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4.19 Proiect Close-Out
In accordance with Section 4.03 ofthis agreement, the LOCAL GOVERNMENT will submit, together with
the Close-out Report, a request for a sum not to exceed the final twenty-five percent (25%) of the loan
amount.
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 tills contract, the LOCAL GOVERNMENT shall comply with all federal and
state nondiscrimination laws, includmg, but not limited to Chapter 49.60 RCW, Washington's Law Against
Discrimination, and 42 U.S.c. 12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with any applicable
nondiscriminatIOn law, regulation, or policy, this contract may be rescinded, canceled, or terminated in
whole or in part, and the LOCAL GOVERNMENT may be declared ineligible for further contracts with the
BOARD. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this
noncompliance.
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 m whole or m 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.
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5.03 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 I: SCOPE OF WORK.
5.04 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.
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CITY OF PORT ANGELES
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PUBLIC WORKS TRUST FUND
Pre-Construction Program
ATTACHMENT 1: SCOPE OF WORK
PW -06-692- PRE-11 0
CITY OF PORT ANGELES
Francis Street Sewer Main
1. Provide a clear description of the project to be financed in part by a Public Works
Trust Fund loan. (Attach additional sheets if necessary):
This project involved the design and construction of approximately 4,500 feet of 30 inch
diameter sewer main, from the north end of Francis Street to the headworks of the City's
wastewater treatment plant.
2. The term of this loan will be five years.
S \Contractlng\Pre-Con\PC Scope 06 pre 110 dot
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Scope of Work
Page Two
PW -06-962- PRE-II 0
Estimated Proiect Costs:
Total
Engineering
Environmental Review
Land/R -0- W Acquisition
Permits
Contingency ( %)
Bid Documents
Public Involvement/Information
Other: Project Management and
Contract Administration
TOTAL ESTIMATED COSTS
$
$
$
$
$
$
$
180,000
180,000
160,000
20,000
$
$
160,000
700,000
Anticipated Fund Sources:
A Total Grant Funding $
B. Local Revenue $
Capital Reserves $
Other Fund $
Rates $
Assessments $
(LID, RID, ULID) $
Special Levies $
Federal Loan(s) from: (identify all)
$
$
State Loan(s) from: (identify all)
$
$
Other: identify sources)
Wastewater Utility $ 110,000
$
TOTAL LOCAL REVENUE $ 110,000
C. PUBLIC WORKS TRUST FUND LOAN $ 590,000
S \Contractlng\Pre-Con\PC Scope 06 pre 110 dot
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Scope of Work
Page 3
PW -06-962- PRE-II 0
Calculating Local Percentage: (Note: Please exclude any expansion/growth costs and
funding before calculating the local percentage.)
Calculate as follows:
Total Local Revenue
PWTF Loan + Total Local Revenue
Local Loan Percentage16% = 0.5 %
The local contribution must be at least:
Five percent (5%)
Ten percent (10%)
Fifteen percent (15%)
S \Contractlng\Pre-Con\PC Scope 06 pre 110 dot
for a loan interest rate of
for a loan interest rate of
for a loan interest rate of
2%
1%
0.5%
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Public Works Trust Fund
ATTACHMENT II: ATTORNEY'S CERTIFICATION
I, William E. Bloor
, hereby certify:
I am an attorney at law admitted to pradice in the State of Washington and the duly appointed
attorney of the
City of Port Angeles
(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, proper1y 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 seek.ing 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
Ii itations applicable to th OCAL GOVERNMENT.
/
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Signature of Attorney
May 30, 2006
Date
William E. Bloor
Name
P .,0., Box 1150, 321 East 5th, Port Angeles, WA 98362
Address
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PUBLIC WORKS TRUST FUND
PRE-CONSTRUCTION LOAN AGREEMENT
NUMBER PW-06-962-PRE-110
CITY OF PORT ANGELES
PART I: ENTIRE AGREEMENT
Tills agreement, and incorporated attachments, contains all terms and conditions agreed to by the PUBLIC
WORKS BOARD and the LOCAL GOVERNMENT and no other statements or representations written or
oral, shall be deemed a part thereof. This contract consists of ten pages and two attachments. An attachment
to tills agreement, ATTACHMENT I: SCOPE OF WORK, consists of a descnption 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 herem. In
addItion, ATTACHMENT IT: 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.
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I ature
-'AR.E N A.. f<po,~-:s
Pri t Name
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MAYOR-
Title
Date
APPROVED AS TO FORM ONLY
This 17th Day of March, 2003
Christine O. Gregoire
Attorney General
.5-3J-Dl.t;
Date
~ - I..oODlfalt;(P
Federal Taxpayer I entification Number
By: SIgnature on File
Jeanne A. Cushman
AssIstant Attorney General
.'
Page 1
CITY OF PORT ANGELES
5/1/2006
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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 PORT
ANGELES (referred to as the "LOCAL GOVERNMENT").
Acting under the authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL
GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project.
PART III: PURPOSE
The BOARD and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public
works project that furthers the goals and objectives of the Washington State Public Works Trust Fund
Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities
described in ATTACHMENT I: SCOPE OF WORK. The project must be undertaken in accordance with
PART IV: TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by
this reference are incorporated into this agreement as though set forth fully herem.
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 $590,000.00. The interest rate shall be one-half percent (1/2%) per
annum on the outstanding principal balance. The term of the loan shall not exceed 5 years, with the final
payment due July 1, 2011.
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 venfied 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
project activities descnbed in ATTACHMENT I: SCOPE OF WORK. These expenditures may be made up
to twelve (12) months pnor 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.
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CITY OF PORT ANGELES
5/1/2006
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 administenng 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 formal execution of this agreement, a sum not to exceed seventy-five percent
(75%) 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 4.18 for Close-out Report), shall be
submitted to the BOARD by the LOCAL GOVERNMENT certIfymg 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 $590,000.00 whichever is less, nor shall tills
disbursement occur prior to the completion of all project activities. 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.
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CITY OF PORT ANGELES
5/1/2006
" I
4.04 Interest Earned on Public Works Trust Fund Morues
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 Warks Trust Fund loan.
2. Pay any part of eligIble project costs that are m excess of ATTACHMENT I: SCOPE OF WORK
estimates, if there is an overrun of project costs.
The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the Public
Works Trust Fund loan can be readIly Identified and accounted for at any time during the life of this loan
agreement. Such procedures shall consist of the establishment of a separate fund, account, sub-account or
any other method meeting generally accepted accounting principles.
4.05 Time of Performance
The LOCAL GOVERNMENT shall begin the activities identified within ATTACHMENT I: SCOPE OF
WORK no later than three months after loan agreement executIOn, and reach project completion no later
than eighteen (18) 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, m
writmg, that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds
vote, extend the deadline.
The term of tills agreement shall be for the entire term of the loan, irrespective of actual proj ect completion,
unless terminated sooner as provided herem.
4.06 Repayment
The first loan repayment under tills agreement is due July 1, 2007, and subsequent installments are due on
July 1 of each year during the term of the loan. The first repayment under tills agreement shall consist of
interest only at the rate of one-half percent (112%) 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 remaIrung 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 nght to repay at a faster rate than is provIded in this agreement, provIded that any such payment must
equal or exceed the pnncipal amount normally due on an annual basis.
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CITY OF PORT ANGELES
5/1/2006
. I
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 Washington State Public Works
Board, or its successor, and sent to:
Washington State Public Works Board
P.O. Box 48319
Olympia, Washington 98504-8319
4.07 Repayment Account
The LOCAL GOVERNMENT shall repay the loan according to the option designated In Section 4.09 Loan
Security. The name of the fund, account, or sub-account shall be Lv A ~I F iU I/- TeR. F Cl N D .
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 dally 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 allllUffi calculated on
a 360-day year for the delinquent amount.
The same penalty terms shall apply to delInquent repayment of funds paid In excess of eligible costs as
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.
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CITY OF PORT ANGELES
5/1/2006
, I
4.09 Loan Security
i
The LOCAL GOVERNMENT must select one of the following options for securing repayment of the
loan. Please initial the appropriate option.
1.
GeneralObligation: This loan is a general obligation of the LOCAL GOVERNMENT.
OR
2. j J::/1....-.. 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 perfomung
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 mdlcated 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 supenor to the lien and
charge of this loan agreement.
Please choose and initial one of the following utility systems:
Water
I a..- 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
Nothmg in tills 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
CITY OF PORT ANGELES
5/1/2006
, I
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
involvmg the records have been resolved.
4.11 Reports
The LOCAL GOVERNMENT, at such times and on such forms as the BOARD may reqUIre, shall furnish
the BOARD with such periodic reports as it may request pertaining to the activities undertaken pursuant to
this agreement including, but not limited to, quarterly progress reports, the Close-Out Report, and any other
matters covered by this agreement. Failure to file periodIc reports as requested may result in termination of
this agreement as per Section 4.14.
4.12 Indenmification
The LOCAL GOVERNMENT will defend, protect, mdemnify, 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 injunes to persons or tangible property, arismg from the acts or omissions of the LOCAL
GOVERNMENT or any of its contractors or subcontractors, or any employees or agents in the performance
of this agreement, however caused. In the case of negligence of both the BOARD and the LOCAL
GOVERNMENT, any damages allowed shall be levied in proportIOn to the percentage of negligence
attnbutable to each party.
4.13 Amendments, Modifications, and Waivers
Except for an increase m the amount of the loan governed by tills agreement, the LOCAL GOVERNMENT
may request an amendment to this agreement for the purpose of modIfying the SCOPE OF WORK or for
extending the time of performance as provided for in Section 4.05. No modification or amendment resulting
in an extension of time shall take effect until a request in writing has been receIved and approved by the
BOARD m accordance with Section 4.05. No amendment or modification shall take effect until approved
m wnting by both the BOARD and the LOCAL GOVERNMENT and attached hereto. No condItions or
provisIOns of tills agreement may be waived unless approved by the BOARD in wnting.
4.14 Termmation for Cause
If the LOCAL GOVERNMENT fails to comply wIth the terms of tills agreement, or fails to use the loan
proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the BOARD may
terminate the agreement in whole or m part at any time. The BOARD shall promptly notify the LOCAL
GOVERNMENT in wnting of its determination to terminate, the reason for such termination, and the
effectIve date of the termination. Nothmg in this section shall affect LOCAL GOVERNMENT obligations
to repay the unpaid balance of the loan.
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CITY OF PORT ANGELES
5/1/2006
\
, l
4.15 Termination For Convenience
The BOARD may terminate this agreement in the event that federal or state funds are no longer available
to the BOARD, or are not allocated for the purpose of meeting the BOARD'S obhgations under this
agreement. Termination will be effective when the BOARD sends written notice of termination to the
LOCAL GOVERNMENT. Nothing in this section shall affect LOCAL GOVERNMENT obligations to
repay the unpaid balance of the loan.
4.16 Governing Law and Venue
This agreement shall be construed and enforced in accordance with, and the vahdity and performance hereof
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out
of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party IS
entitled to recover costs m accordance with Washmgton 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 nghtful 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
GOVERNMENT will provide the following information to the BOARD:
1. A copy of the Close-out Report.
2. A copy of a resolution acceptmg the project design as being complete.
3. Certification that all costs associated with the project have been incurred. Costs are mcurred when
goods and services are received and/or contract work is performed.
Page 8
CITY OF PORT ANGELES
5/1/2006
I 1
4.19 Proiect Close-Out
In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT wIll subrrut, together with
the Close-out Report, a request for a sum not to exceed the final twenty-five percent (25%) of the loan
amount.
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 guidelmes the Department of Community,
Trade and Economic Development, or its successor, may prescribe. Payment for the audit shall be made by
the LOCAL GOVERNMENT.
4.21 Project Signs
If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers
identifying those agencies participating financially in the approved project, the sign or marker must identify
the Washington State Public Works Trust Fund as a participant m the project.
4.22 Nondiscrimination Provision
Dunng the performance of tills 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
nondlscriminatlOn law, regulatIon, or policy, thIS contract may be rescinded, canceled, or tenninated 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 m which to cure this
noncompliance.
PART V: SPECIAL ASSURANCES
The LOCAL GOVERNMENT assures compliance with all applicable state and local laws, reqUlrements,
and ordinances as they pertain to the design, implementation, and administration of the approved project.
Of particular importance are the followmg:
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 m 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.
Page 9
CITY OF PORT ANGELES
5/1/2006
I 1
5.03 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 I: SCOPE OF WORK.
5.04 Assignment
Neither this agreement nor any claims ansmg under this agreement, shall be transferred or assigned by the
LOCAL GOVERNMENT without prior written consent of the BOARD.
Page 10
CITY OF PORT ANGELES
5/1/2006
. I I
PUBLIC WORKS TRUST FUND
Pre-Construction Program
ATTACHMENT 1: SCOPE OF WORK
PW -06-692- PRE-II 0
CITY OF PORT ANGELES
Francis Street Sewer Main
1. Provide a clear description of the project to be financed in part by a Public Works
Trust Fund loan. (Attach additional sheets if necessary):
This project involved the design and construction of approximately 4,500 feet of 30 inch
diameter sewer main, from the north end of Francis Street to the headworks of the City's
wastewater treatment plant.
2. The term of this loan will be five years.
S \Contractlng\Pre-Con\PC Scope 06 pre 110 dot
4 . I \
Scope of Work
Page Two
PW-06-962-PRE-II0
Estimated Proiect Costs:
Total
Engineering
Environmental Review
Land/R-O-W Acquisition
Permits
Contingency ( %)
Bid Documents
Public Involvement/Information
Other: Project Management and
Contract Administration
TOTAL ESTIMATED COSTS
$
$
$
$
$
$
$
180,000
180,000
160,000
20,000
$
$
160,000
700,000
Anticipated Fund Sources:
A Total Grant Funding
$
B. Local Revenue $
Capital Reserves $
Other Fund $
Rates $
Assessments $
(LID, RID, ULID) $
Special Levies $
Federal Loan(s) from: (identify all)
$
$
State Loan(s) from: (identify all)
$
$
Other: identify sources)
Wastewater Utility $ 110,000
$
TOTAL LOCAL REVENUE $ 110,000
C. PUBLIC WORKS TRUST FUND LOAN $ 590,000
S \Contractlng\Pre-Con\PC Scope 06 pre 110 dot
~
. 'T '-
Scope of Work
Page 3
PW-06-962-PRE-110
Calculating Local Percentage: (Note: Please exclude any expansion/growth costs and
funding before calculating the local percentage.)
Calculate as follows:
Total Local Revenue
PWTF Loan + Total Local Revenue
Local Loan Percentage16% = 0.5 %
The local contribution must be at least:
Five percent (5%)
Ten percent (10%)
Fifteen percent (15%)
for a loan interest rate of
for a loan interest rate of
for a loan interest rate of
2%
1%
0.5%
S \Contractlng\Pre-Con\PC Scope 06 pre 110 dot
'"
. \ to
Public Works Trust Fund
ATTACHMENT II: ATTORNEY'S CERTIFICATION
I, William E. Bloor
, hereby certify:
I am an attorney at law admitted to practice in the State of Washington and the duly appointed
attorney of the
City of Port Angeles
(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, 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 contained in
the loan agreement.
4. Assumption of this obligation would not exceed statutory and administrative rule debt
Ii itations applicable to th OCAL GOVERNMENT.
/~~
May 30, 2006
Date
Signature of Attorney
William E. Bloor
Name
K,0.- Box 1150, 321 East 5th, Port Angeles, WA 98362
Address
5. 7~3> d
'\0
~
Washington State
Public Works Board
Post Office Box 48319
OlympIa, Washington 98504-8319
May 1, 2006
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Ms. Terri Partch
Port Angeles
321 East Fifth Street
PO BOX 1150
Port Angeles, W A 98362
Regarding:
PWTF Pre-Construction Loan Agreement Number
PW-06-962-PRE-110 F)r F(-.~";fl'; 'Sr C')() :-.tiJ-1er- fCV\f~~:
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Dear Ms. Partch:
Enclosed are three copies of the Public Works Trust Fund Pre-Construction Loan
Agreement, PW -06-962- PRE-II 0, between Port Angeles and the Public Works Board.
The agreement details the terms and conditions that will govern the contract between us,
which includes the project's Scope of Work and an Attorney's Certification as formal
attachments.
The amount of the loan is $590,000.00. A change in any element of the loan agreement
will require an amendment and may necessitate an adjustment in the loan amount or the
interest rate.
Please review the terms and conditions of the loan agreement carefully, as well as the
attachments. Please note - Section 4.09 must be filled out before the loan can be
executed. Also, please provide the account name information in the space provided on
page five, Section 4.07.
When you have obtained the appropriate signatures, including the Attorney's
Certification, please return all three of the agreements to the Public Works Board.
PLEASE DO NOT USE A SIGNATURE STAMP. (Stamped signatures will be accepted
only ifthere is a reason that original signatures cannot be provided, with documentation
to that effect.) The Board representative will sign the loan agreements and one fully
executed copy along with instructions for drawing the loan funds and the necessary forms
will be returned with your executed contract for your files.
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AdmmlstratlVe services provided by the Department of CommunIty, Trade and Economic Development
(360) 586-4120
Fax (360) 664-3029
Web SIte: www.pwb wa gOY
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Terri Partch
PW-06-962-PRE-II0
Page Two
If your project involves utility work, you are encouraged to review your applicable
comprehensive plan to assure compliance. Under Washington law, some utilities may
not engage in construction unless such work is in compliance with the system's
comprehensive plan. In addition, if your project involves side-sewer work, your
jurisdiction has provided the Board with evidence that a charge-back mechanism is in
place. Since the Board does not provide legal advice, we recommend consultation with
your in-house legal advisor or your bond counsel to assure compliance with applicable
laws.
The Washington Administrative Code (WAC) 399-30-060(5) requires the loan
agreements be signed by you and returned to the Board within 90 'calendar days of the
date of this letter. Failure to comply with this section may result in your loan offer being
withdrawn.
We are looking forward to working with you over the course of your successful public
works project. If you have any questions about the loan agreement, please call me at
(360) 586-4135. You may also call Terry Dale, the Client Services Representative for
your area at (360) 586-4126, or bye-mail at Terry.Dale@pwb.wa.gov.
Sincerely,
I'" ~
,I "
lJU1J b (Y--
Cathy B"TIckmann
Contract Specialist
CLB:cb
Enclosures