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Home My WebLink About5.672 Amendment ~ Post Office Box 48319 Olympia, Washington 98504-8319 5. It;'''! ~ Washington State Public Works Board June 25, 2008 Mr. Stephen Sperr City Of Port Angeles 321 E 5th St PO BOX 1150 Port Angeles, W A 98362 Regarding: Closeout Amendment to PWTF Loan Agreement PW-04-691-055 Dear Mr. Sperr: Enclosed is a copy of the Certified Closeout Amendment to Public Works Trust Fund loan agreement number PW-04-691-055. The amendment certifies completion of the project activities. Please keep this copy with other local records related to your approved Public Works Trust Fund Loan Agreement. If you have any questions, please call Stephen Dunk at (360) 586-4131 or me at (360) 586-4133. Ann E. Campbell Application & Loan Specialist Enclosures Administrative services provided by the Department of Community, Trade and Economic Development (360) 586-4120 Fax (360) 664-3029 Web site: www.pwb.wa.gov . . \ -.-...-.- t....---~...., .........~..... '. ' .' )} .:" ~ l. , i .,' ~.' . ''':1 \; \ '\ \ ;~.,l i i Ht\\ \ t \ ~ ~. t .._.._jJ r \ .. _. _ ..... .1. {"\ ...." \ ... \ (,.,). ~j t~l\\\ , \, ~\5'; , · ,,'<'.... \i \ \. .v........ \.. \. ,/ I " . . \\ ;;;_:..:...... _: :. "i i H~ \\\\ . \\~.. .' ',' H ; \ .-"\ \ "'"'-" \ .-.---.... ........<_.."""..~ Public Works Board (01 Public Works Trust Fund Construction Loan Program Project Closeout Report CERTIFIED CLOSEOUT AMENDMENT Loan Agreement Number: PW-04-691-055 PW-04-691-055 NOTE: This report shall serve as a contract AMENDMENT for determining the final loan amount, interest rate, and local share and shall be attached and incorporated into the loan agreement. The report accounts for funds associated with the Public Works Trust Fund Loan Agreement's Scope of Work. Costs outside of the Scope of Work are not accounted for by this report. CITY OF PORT ANGELES 321 E 5TH ST PO BOX 1150 Name of Chief Executive Officer: Gary Braun Title: Mayor NOTE: This document is to certify that the project, as described in the Public Works Trust Fund Loan Agreement's Scope of Work, is complete and has been designed and constructed to current standards. SECTION 1: Estimated and Actual Project Expenditures by Cost Category. Double click S readsheet to Activate sima e os 5 Actual Costs 110,700.00 1,300.00 2,573,000.00 31,000.00 Engineering A. $ 105,000.00 H. $ Environmental Review B. $ 21,000.00 I. $ Construction C. $ 2,000,000.00 J. $ Construction Inspection D. $ 218,000.00 K. $ Contingency E. $ 236,000.00 L. Public Involvement/Information F. $ 20,000.00 M. $ TOTAL PROJECT COST G. $ 2,600,000.00 N. $ e-obli ation Yes If Yes, Amount $ Refund Yes If Yes, Receive B Date , 3,300.00 2,719,300.00 SECTION 2: Certification The chief executive officer of the jurisdiction certifies that: · To the best of his/her knowledge, the data provided in this report is true and correct as ofthe date indicated below; . · Records supporting the information provided in this report are on file and will be made available by the jurisdiction upon request; and . There are no outstandin liens a ainst this s- :z J - [)g- Date .L;.' a . /~~ A,,~. Signature of lef Execuhve Officer 5- ,;2./- 0<'$ Date State of lJJ~'Sv. \. .ut.-rof) County of ~,,-.. ,\"Q~ On this "2.. , day of MOt-1 ' 20Qg, ~~I.l'& t.J ~ 0\ ~~ :i\a.~t> V personally appeared before me, who is/are known to me, _ whose identity I verified on the bases of _ whose identity I verified on the oath/affirmation of , a credible witness, to be the s~\'MllWUw/oregoing document, and he/she/they acknowledged that he/she/they signed it. ~\\;, ~\~E Ill", I'//~ . ~ .....~ ~~~~. ~ ~ A... v ,- ''-1 ~ /"\ ~ f ~ 1+0 T A" ,. ~ '% L ~.a:tWc'-\"" (,. \r":L~\. ~ . ~ {03/01/12 ~ Notary Pubhc ;::~ p (.;jp::: (Seai%lr'$OO1D~ 8 L \ /":A...O $ My Commission Expires: ~... \ ~ l ~ ~ ~ -..:.:..___ ~ b ~ ~~ 0, WA~~\ ~-s= I'll/ \\\'\ 111111/111 U\\\\\ SECTION 3: Attach a copy of the following: . A copy of the formal action accepting the project design as being complete. S:\CSR\Closeout Reports\Master Closeout Report\PWTF PRE-CONSTRUCTION MASTER CLOSEOUT FORM.doc . " .. CERTIFIED CLOSEOUT AMENDMENT WORKSHEET FOR CALCULATING TfIE FINAL LOAN DRAW AND LOCAL MATCH Retu~n this worksheet with Close.;Out Re ort Jurisdiction: CITY OF PORT ANGELES Loan Number: PW-04-691-055 The worksheet provided here is designed to assist the jurisdiction in calculating the amount of the final loan draw and the local match. Two variables essential to the calculation are known only by the jurisdiction, i.e., the actual total eligible project cost and the interest earned on the PWTF funds. In the event the local government wishes to borrow less than the a roved loan amount, ad.ustments can be made on LINE 10, the result may im act our interest rate. TO ACTIVATE, DOUBLE-CLICK IN THE WORKSHEET AREA 13 14 .,l!< Eligible C()sts 'forLO~A'f, -MA Ten" Identify Sources of Local Match Usedfor this Project. The total must match the amount entered in line 13 above $403,050.00 $60,000.00 $56,250.00 Expenses incurred after <<one year prior to contract execution>> are eligible for local match Local Funds . Included: . Total $519,300.00 Loans (state, federal, and local) Locally generated revenue Local Funds Excluded: · Interest earned on PWfF funds · A II grants . PWfF loans P br W ks B d St ff 0 I U IC or oar a my Approved: Kelly Snyder, Assistant Director Date: S:\CSR\Closeout Reports\Master Closeout Report\PWTF PRE-CONSTRUCTION MASTER CLOSEOUT FORM.doc $ $ 2,311,405.00 if,'$'~Ml!Q~2e'()f(1()0~0t:\~ >-.:,-~~-.,.-_.__,___,t;__,>,<,____.___;'\i.!i $ 2,200,000.00 ~'$1c;,i...lilt;\l'J!i~~A'l!1f.'. ~; __!~~:$~i~~t~: ft$3~~t(1j}()'}()oo~l!IQr: $ $ 110,000.00 519,300.00 ;~:'~~~$iil"]t;~$i1:9~Og68.% 5.l.D7 ~ .' PART I: ENTIRE AGREEMENT - --:.- ~ ~.': '~~ ~~\ PUBLIC WORKS TRUST FUND . . \~ L- -'" \ -- CONSTRUCTION LOAN AGREEMENr ~ 04 :-J , MA'f ~ t 1.\J ""\ NUMBERPW-04-691-055 --" j CITY OF PORT ANGELES '\: ,_ ,'0: ~ i'\~.-=. _. \1" C ~, ..:.; ~ -"''?l~\On - r.. '~~ .....;_--- L i!dJ0L~-' 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 hfe, 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. \[&&uUL Date rj~'1 -R1~HAreD Print Name A. - I-I~.ADR-l t!.1< ~'10R - TItle APPROVED AS TO FORM ONLY This 17th Day of March, 2003 Chnstme O. GregOlre Attorney General -<!-5-04 Date q J - WDO/~{p/" Federal Taxpayer Identification Number By: Signature on File Jeanne A. Cushman Assistant Attorney General , . , ~~ Y'- ~ rr:v 'i&:' '7:7 '') ~ rig I: '\i'7? " <!.:o W-1~~ A MAY 2] 2004 ~. ,: ~~?\~ ~~ lkl.!J '0' oor '?'" -;- _, ~\ ~-'"-~~ 7t'.;:::-. JQJ(1" ". "~-. / Page 1 2004 PWTF ConstlUCltOn Loan Agleement 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 mto tills agreement to undertake a local pubhc 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 ordmances, 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 $2,200,000.00. The interest rate shall be one-half percent (1/2%) per annum on the outstanding pnncipal balance. The term of the loan shall not exceed 20 years, with the fmal payment due July 1, 2024. 4.02 Local Prolect 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 tills agreement adjusting the loan amount or mterest rate, as appropnate. 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 prior to the execution of the loan agreement and venfied 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 willIe 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 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 formal 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. 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. When the LOCAL GOVERNMENT certIfies that 60% of the Pubhc 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 fmal Pubhc Works Trust Fund loan disbursement shall not bring the total loan m excess of eighty five percent (85%) of the eligIble project costs or the total of $2,200,000.00 willchever 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 momes in excess of eighty five percent (85%) of eligible costs, all funds III excess of eighty five percent (85%) shall be repaid to the Pubhc Works Assistance Account by payment to the Department of Community, Trade and Economic Development, or Its successor, WIthIn thirty (30) days of sublll1ssion 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 ehgible 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 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 begm 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 withm the tIme frame descnbed in the preceding paragraph may constitute default of this agreement. In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in wnting, that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds vote, extend the deadlme. The term of this agreement shall be for the entire term of the loan, irrespective of actual proj ect completion, unless terrnmated sooner as provided herein. 4.06 Repayment The first loan repayment under this agreement is due July 1, 2005, and subsequent mstallments 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 nght 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 tills agreement, provided that any such payment must equal or exceed the pnncIpal 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, Washmgton 98504-8300 4.07 Repayment Account ~ The LOCAL GOVERNMENT shall repay the loan according to the option designated m Section 4.09 Loan Security. The name of the fund, account, or sub-account shall be ~ ~ F...... & . 4.08 Default in Repavment Loan repayments shall be made on the loan in accordance with Section 4.06 of this agreement. A payment not received within thtrty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a daily penalty beginning on the thrrty-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 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. Page 5 2004 PWTF ConstmctlOll Loan Agleement 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 k 2. fY. X Revenue Obligation: This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utihty 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 obhgatIOn 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: /yJ.L Water Samtary Sewer (Wastewater) Stormwater Water/Sanitary Sewer Stormwater/Samtary 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 Distnct, Local Utihty 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 2004 PWTF ConstructIOn Loan Agreement 4.1 0 Recordkeeoing 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 pertmmng 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 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 Indemnification The LOCAL GOVERNMENT wIll defend, protect, indemnify, save, and hold harmless the BOARD, and the state of Washmgton from and against any and all claims, costs, damages, expenses, or liability for any or all injuries to persons or tangible property, arising from the acts or omissions of the LOCAL GOVERNMENT or any of its contractors or subcontractors, or any employees or agents 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 m proportion to the percentage of negligence attnbutable to each party. 4.13 Amendments, Modifications, and Waivers Except for an mcrease m the amount of the loan governed by this agreement, the LOCAL GOVERNMENT may request an mnendment to this agreement for the purpose of modIfying the SCOPE OF WORK or for extendmg 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 m wnting 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 m writing. 4.14 Tenmnation 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 in part at any time. The BOARD shall promptly notify the LOCAL GOVERNMENT in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Nothing in this section shall affect LOCAL GOVERNMENT obhgatIOns to repay the unpaid balance of the loan. Page 7 2004 PWfF Construction Loan'Agreement 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 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 obligatlOns to repay the unpaid balance of the loan. 4.16 Governmg 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 of the state of Washington. Venue of any suit between the parties arising out of tills agreement shall be the Supenor 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 w1l1 prOVIde the following information to the BOARD: 1. A certIfied statement of the actual dollar amounts spent, from all fund sources, m completing the project as described. 2. A certified statement that the project, as descnbed 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 conformance with the performance measures identified in ATTACHMENT I: SCOPE OF WORK. Page 8 2004 PWTF Construction Loan Agreement 4.19 Proi ect 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 & Industnes 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 identifYmg 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, mcluding, but not limited to Chapter 49.60 RCW, Washington's Law Agamst Discnmmation, and 42 V.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 noncomphance. 4.23 Historical and Cultural Artifacts The LOCAL GOVERNMENT agrees that if historical or cultural artifacts are discovered dunng construction, the LOCAL GOVERNMENT shall immediately stop constructlOn 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 provlSlon 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 oiL ... PUBLIC WORKS TRUST FUND ATTACHMENT 1: SCOPE OF WORK PW-04-691-055 PORT ANGELES DOWNTOWN W ATERMAIN REPLACEMENT PHASE III 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 is the final phase of a three phase project to replace aging and undersized municipal water mains in the downtown Port Angeles Central Business District (CBD) along portions of Front, First, Cherry, Laurel, Oak and Valley Streets, and adjacent alleys. This project will replace approximately 3800 linear feet of existing water mains, 4 to 10- inches in diameter, with water mains 6 to 12-inches in diameter. Work will also include installation of fire hydrants and other appurtenances, replacement of sanitary and storm sewer and underground light utilities as necessary, and sidewalk, alley and street restoration in the project area. 2. Identify the proJect's performance measures. (Attach addItIonal sheets if necessary.) It is proposed to quantify the projects performance by flow testing of selected fire hydrants in the downtown area to show actual improvements in fire flows. Flows prior to the waterline replacements were in the 2,300 gpm range an~ anticipated that flows will improve to the over 4,000 gpm range. ~ ;J...oob. \W .:J/Q/1 3. The term OfthlS loan WIll be based on an engineer's certIfication of the expected useful lIfe of the 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 usefu life of the improvements, the preferred loan term should be indicated: years. 4. I, Gary W. Kenworthy, hcensed engmeer, certify that the average expected useful hfe for the Improvements deSCribed~abo is 20 years. SIgned: P ,,"--. .-----"~ -------- \ ~ Date: January 28, 2004 N:\PROJECTS\OQ-19 Downtown WaterMain Phase 3\2-04 Scope_oCwork.doc .&>~ ~~. ~~ ~~~ ~ .~f>l' ~~ . tJ:: .. ~ " ~ ~~~., ~4' 2JI)' ~~ ~! 'W'-4lI/J~ Telephone: 360-417-4803 Scope of Work Page Two Loan Number PW-04-691-055 Estimated Proiect Costs: Engineering Environmental Review LandIR-O-W Acquisition PublIc Involvement/Information Other Fees Construction Construction Inspection Contingency (10 %) 1. Other (Specify) 2. Other (Specify) TOTAL ESTIMATED COSTS Anticipated Fund Sources: A. Federal Grants State Grants B. Locally Generated Revenue General Funds $ Capital Reserves $ Other Fund $ Rates $ Assessments $ (LID, RID, ULID) SpecIal Levies $ Federal Loan(s) from: (Idenhfy all) $ $ State Loan(s) from: (idenhfy all) $ $ Other: (Idenhfy sources) $ $ TOTAL LOCAL REVENUE C. PUBLIC WORKS TRUST FUND LOAN Total Costs $ 105,000 $ 21,000 $ 0 $ 20,000 $ 0 $ 2,000,000 $ 218,000 $ 236,000 $ 0 $ 0 $ 2,600,000 400,000 N.\PROJECTS\00-19 Downtown WaterMain Phase 3\2-04 Scope_oCwork.doc $ $ $ 400,000 $ 2,200,000 . ( . . Scope of Work Page 3 Loan Number PW-04-691-055 Calculating Local Percentage: Notes: 1. Grant funds cannot be counted as local match. Calculate as follows: Total Local Revenue PWTF Loan + Total Local Revenue Local Percentage 15.4% 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% N:\PROJECTS\00-19 Downtown WaterMain Phase 3\2-04 Scope_oCwork.doc PUBLIC WORKS TRUST FUND ATTACHMENT II: ATTORNEY'S CERTIFICATION I, l'J € /J tJ C $ c:.-. D (' (!. K. ~o rJ , hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the ~lT"'l ~r-: :?e,e..1"' AN fYGLa$. uJt+- I I (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 contained in the loan agreement. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the LOCAL GOVERNMENT. Vn I~ &tJ~ ~re of Attorney 1/;9/0'-/ Date DE"AJAJI..s ~. D'~K>o~ Name 3~1 E ~~ ST, Address f6R-T !l-AJ6-EU:S uJ A, 983h'l , T \Contractlng\CONTRACT\Attcert.doc