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HomeMy WebLinkAbout5.508 Original Contract1. Contractor City Of Port Angeles PO Box 1150 Port Angeles, WA 98362 S , �t� r Title rnnt Name Date 3/ 2 y1/49 City of Port Angeles 98- 78898 -035 Washington State Department of Commerce PUBLIC WORKS BOARD DRINKING WATER STATE REVOLVING FUND Yvonne Ziomkowski Finance nir t(r AMENDMENT FACE SHEET Loan Number: 98- 78898 -035 Amendment Number: 2 6. Amendment Amount 2. Contractor Doing Business As (optional) N/A 4. CTED Representative (only if updated) N/A 3. Contractor Representative (only if updated) N/A 5. Original Contract Amount $1,030,000 00 8. Amendment Funding Source Federal: El State: 0 Other: ❑ N /A: ❑ 11. Federal Funds (as applicable): N/A 12. Amendment Purpose: The purpose of this amendment's to revise the Default in Repayment Section of the Drinking Water State Revolving Fund Loan Number 98- 78898 -035 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 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. 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 N/A N/A 9. Amendment Start Date Amendment Execution Date Federal Agency: N/A N/A LaRocque; ETC4cutive Dirk tC or th- Date r ' APPROVED AS TO FORM ONLY This 10 Day of July. 2009 Rob McKenna Attorney General Sianature on File Kathryn Wyatt Assistant Attorney General 7. New Contract Amount 10. Amendment End Date October 1, 2019 CFDA Number: Page 1 Acceleration Removal Amendment 8/5/2009 Drinking Water State Revolving Fund ssoV AMENDMENT TERMS AND CONDITIONS PUBLIC WORKS BOARD DRINKING WATER STATE REVOLVING FUND The purpose of this amendment is to revise the Default in Repayment Section of the Drinking Water State Revolving Fund Loan Agreement/Contract Number 98- 78898 -035. This amendment is to delete the "Acceleration Provisions" in the Loan Agreement/Contract Number 98- 78898 -035 that allows the Board, in certain circumstances, to declare the entire remaining balance of a loan, together with accrued interest, immediately due and payable 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 Drinking Water State Revolving Fund Loan Agreement/Contract Number 98- 78898 -035 as described below Default in Repayment Section of Loan Agreement/Contract Number 98- 78898 -035 is amended to read as follows: Loan repayments shall be made in accordance with Repayment Section of this Contract. A payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a monthly penalty beginning on the first (1st) day past the due date The penalty will be one percent (1%) per month or twelve percent (12 %) per annum of the delinquent payment amount These same penalty terms shall apply if the repayment of loan funds determined to be ineligible costs are not repaid within thirty (30) days as provided for in Disbursement of Loan Proceeds and Required Documentation Section. The Contractor 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 Contractor of such delinquency Contractor shall be responsible for all legal fees incurred by the Board in any action undertaken to enforce its rights under this section City of Port Angeles 98- 78898 -035 Page 2 8/5/2009 Acceleration Removal Amendment Drinking Water State Revolving Fund Washington State Public Works Board Post Office Box 48319 Olympia, Washington 98504-8319 5.5D8 OtGt b- TO <=-\-r-\ ~~F:- RECEIVED JUN 2 1 1999 June 17, 1999 Mr. Gary Kenworthy City of Port Angeles Post Office Box 1150 Port Angeles, Washington 98362 Regarding: DWSRF Loan Agreement Number 98-78898-035 Dear Mr. Kenworthy: Enclosed is a fully executed copy of Drinking Water State Revolving Fund Loan Agreement Number 98-78898-035 between the Department of Community, Trade and Economic Development and the City of Port Angeles. Please keep this copy with other local records related to your DWSRF project. If you have any questions, please call Denise Van Housen, your Regional Account Executive at (360) 753-4283; or you may call me at (360) 664-2945. Enclosure . AdmInIstrative servIces provIded by the Department of Commumty, Trade and EconomIc Development PWTF (360) 753-3262 FAX (360) 664-3029 Web SIte http'//wwwcrabwa gov/pwtf DWSRF (360) 586-2472 11 5.5()g DRINKING WATER STATE REVOLVING FUND LOAN AGREEMENT 98-78898-035 CITY OF PORT ANGELES PART I: ENTIRE AGREEMENT This agreement, and incorporated attachments, contains all terms and conditions agreed to by the DEPARTMENT and the BORROWER This contract consists of nine pages and four attachments. ATTACHMENT I: SCOPE OF WORK, consists of a description of local project activities, certification of the project's useful life, and identification of estimated project costs and fund sources and is, by this reference, incorporated into this agreement as though set forth fully herein. In addition, ATTACHMENT II: ATTORNEY'S CERTIFICATION, ATTACHMENT III: FEDERAL AND STATE REQUIREMENTS, and ATTACHMENT IV: SMALL AND DISADVANTAGED BUSINESS UTILIZA nON REQUIREMENTS are by this reference incorporated into this agreement. The DEPARTMENT and the BORROWER have executed this agreement as of the date and year last written below. DEPARTMENT OF COMMUNITY, TRADE AND ECONO DEVELOPMENT BORROWER o /] <'Il.LJ.~ ~ :J~~~ Name \ --, --yy~ .J Title d-/1/1t Date / O~ - () Y -" I q q ~ Date Approved as to Form by Attorney General ~ I f..p OQ1'Z-(, ~ Federal Taxpayer Identification Number Signature on File Suzanne Shaw Assistant Attorney General Date 7'p//99 / Page 1 SRF Loan Agreement MUniCIpal Systems 5/27/99 \\NAC-l \V0L3\DIV\LGD\PWB\Contractmg\SRF\98 Cycle Contracts\98-78898-035 doc PART II: INTRODUCTION This loan agreement is made and entered into by and between the DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT, (or its successor) a department of the state of Washington (referred to as the "DEPARTMENT") on behalf of the PUBLIC WORKS BOARD (referred to as the "BOARD"), or its successor, and the City of Port Angeles (referred to as the "BORROWER"). The DEPARTMENT has received funds from the Washington State Legislature under the authority of RCW 70.119A.170 and 43.155.050 to provide financial assistance to selected borrowers for repairs or improvements of domestic water systems to meet the requirements of the Federal Safe Drinking Water Act Amendments of 1996. Acting under: the authority ofRCW 70.119A.170 and 43.155.040, the BOARD has selected the BORROWER to receive a Drinking Water State Revolving Fund loan for an approved project. PART III: PURPOSE The DEPARTMENT and the BORROWER have entered into this agreement to undertake a local project which furthers the goals and objectIves of the Washington State Dnnkmg Water State Revolving Loan Fund Program. The project will be undertaken by the BORROWER and will include the activities described in ATTACHMENT I: SCOPE OF WORK, and in the Drinking Water State Revolving Loan Fund Loan Application submitted to the BOARD by the BORROWER and upon which this agreement is based. The assisted project must be undertaken in accordance with PART IV: TERMS AND CONDITIONS and all applicable federal, state and 10ca11aws and ordinances, including but not limited to those specifically enumerated in ATTACHMENT III. PART IV: TERMS AND CONDITIONS The parties to this agreement agree as follows: 4.01 Rate and Term of Loan The DEPARTMENT, using funds received from the Drinkmg Water Assistance Account, shall loan the BORROWER a sum not to exceed One MIllion Thirty Thousand Dollars ($1,030,000). The interest rate shall be Three and Thirty Five One Hundredths Percent (3.35%) per annum on the outstanding principal balance. The term ofthe loan shall not exceed Twenty (20) years, with the final payment due October 1,2019. 4.02 Local Project Share The BORROWER pledges to spend on the project an amount of locally-generated revenue not less than ten percent (10%) of the total eligible portion of the project cost not funded by federal or state grants as identified in A IT ACHMENT I: SCOPE OF WORK, to be verified at the time of project close-out. Local project share must consist of expenditures related only to project activities described in ATTACHMENT I: SCOPE OF WORK. These expenditures may be made up to twelve (12) months prior to the loan application date (July 1,1998) and verified at the time of project close-out. 4.03 Disbursement of Loan Proceeds and Required Documentation The DEPARTMENT shall issue warrants to the BORROWER for payment of allowable expenses Incurred by. the BORROWER while undertaking and administering approved project activities in accordance with Page 2 SRF Loan Agreement MUniCIpal Systems 5/27/99 \\NAC-l \V0L3\DIV\LGD\PWB\Contractmg\SRF\98 Cycle Contracts\98-78898-035 doc ATTACHMENT I: SCOPE OF WORK. The total Drinking Water State Revolving Fund Loan shall not exceed ninety percent (90%) of the eligible actual project costs. The loan funds will be disbursed to the BORROWER as follows: The disbursement ofloan proceeds shall be initiated by the BORROWER on a Washington State Invoice Voucher form provided by the DEPARTMENT. All expenses must have been incurred by the BORROWER at the time of voucher submittal. Disbursement requests must be supported by bills or receipts as evidence that costs have been incurred. Expenses incurred after Apn112, 1999, are eligible for reimbursement. In no case shall more than ninety percent (90%) of the loan amount for construction activities be disbursed before project close-out. A loan fee will be assessed in the following manner: 1. The first request for reimbursement shall include an amount equal to 1.5% of the loan amount. This amount is non-refundable. 2. The final request for reimbursement at close-out shall include an amount sufficient to bring the total loan fee assessment to 3% of the actual final loan amount. In no case shall loan funds be disbursed for construction activities until the following conditions have been met: . The BORROWER issues a Notice to Proceed which follows the formal award of a construction contract; . The BORROWER has completed the State Environmental Review Process; . The Washington State Department of Health (DOH) has approved a project report and related construction documents for all applicable activities described in ATTACHMENT I: SCOPE OF WORK. At the time of project completion, a Close-out report (refer to section 4.11 for Close-out Report) shall be . submitted to the DEPARTMENT by the BORROWER certifying total actual project costs. The Close-out Report shall include copies of the approved closure reports from the Department of Revenue and the Department of Labor and Industries. The final Drinking Water State Revolving Fund loan disbursement for project activities shall not bring the total loan in excess of ninety percent (90%) of the eligible project costs, nor shall this disbursement occur prior to the completion of all project activities and clearance of all close-out documents from the Department of Revenue and the Department of Labor and Industries. The Close-out Report shall serve as a contract AMENDMENT for determining the final loan amount and local share. 4.04 Time of Performance The BORROWER shall begin the activities identified within ATTACHMENT I: SCOPE OF WORK no later than ninety (90) days after loan agreement execution, and reach project completion no later than thirty-six (36) 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 and require the immediate repayment of any loan funds disbursed. In the event of extenuating circumstances, the BORROWER may request, in writing, that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds vote, extend the time of completion. 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. Page 3 SRF Loan Agreement MUniCIpal Systems 5/27/99 \\NAC-I \V0L3\DIV\LGD\PWB\Contractmg\SRF\98 Cycle Contracts\98-78898-035 doc 4.05 Historical and Cultural Artifacts The BORROWER agrees that If hIstorical or culrural artIfacts are dIscovered dunng constructIOn, the BORROWER shall immediately stop construction and notIfy the local histoncal preservation officer and the state's historical preservatIOn officer at the Washmgton State Office of Archeology and Histone PreservatIon. 4.06 Repayment The first loan repayment under this agreement is due October 1, 2000, and subsequent installments are due on ' October 1 of each year during the term of the loan. The first repayment under this agreement shall consist of interest only at the rate of Three and Thirty Five One Hundredths Percent (3.35%) per annum, calculated on a 360-day year of twelve 30-day months, applied to funds received from the DEPARTMENT. Interest win begin to accrue from the date the DEPARTMENT issues each warrant to the BORROWER. Subsequent repayments shall consist of the pnncipal 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 BORROWER has the right to repay the unpaid balance of the loan in full at any time, and the right to repay at a faster rate than is provided in thIS agreement, provided that any such payment must equal or exceed the amount normally due on an annual basis. The BORROWER will repay the loan in accordance with the preceding conditions through the use of a check, money order, or eqUIvalent means made payable to the DEPARTMENT and sent to: Department of Community, Trade and Economic Development Administrative Services Division/FIscal Unit 906 Columbia Street SW P.O. Box 48300 Olympia, Washington 98504-8300 4.07 Repayment Account The BORROWER shall repay the loan solely from utility revenues, general obli combinatIOn thereof. The name of the fund, account, or sub-account shall be LV ir - a . fZ"u-lp. 4.08 Default in Repayment Loan repayments shall be made to the DEPARTMENT in accordance with Section 4.06 of this agreement. A payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a daily penalty beginning on the thirty-first (31) day past the due date. The penalty WIll be assessed on the entire payment amount. The penalty will be twelve percent (12%) per annum calculated on a 360-day year. Upon default in the payment of any annual installment, the DEPARTMENT may declare the entire remaining balance of the loan, together with interest accrued, immediately due and payable. Failure to exercise its option with respect to any such repayment in default shall not constitute a waiver by the DEPARTMENT to exercise such option for any succeeding installment payment which may then be in default. The BORROWER shall pay the costs and reasonable legal fees incurred by the DEPARTMENT in any action undertaken to enforce its rights under this section. Page 4 SRF Loan Agreement MUniCIpal Systems 5/27/99 \\NAC-l \V0L3\DIV\LGD\PWB\Contractmg\SRF\98 Cycle Contracts\98-78898-035 doc 4.09 Loan Security The BORROWER 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 BORROWER. OR 2.. ~Revenue Obligation: This option may be used only if the entire project is a domestic water proJect. ( This loan is a revenue obligation of the BORROWER 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 DEPARTMENT grants the BORROWER 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. If selecting the revenue obligation, please choose and initial one of the following utility systems; ~ter !- Co~bined Water Utility (Water/Sewer; Water/Sewer/Irrigation; etc.) OR 3. Local Improvement District: This loan is payable from special assessments collected from a Local Improvement District, Local Utility District or any other similar special assessment district created for the purpose of making the improvements financed by this loan. The name of the special assessment district is Nothing in this section shall absolve the BORROWER 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. 4.10 Project Completion The DEPARTMENT will require and notify the BORROWER to initiate a Close-out Report when the activities identified in ATIACHMENT I: SCOPE OF WORK are completed. In the report, the BORROWER will provide the following information to the DEPARTMENT: 1. A description of the actual work performed, in addition to a certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as described. 2. Certification that all costs associated with the project have been incurred. Costs are incurred when goods and services are received and/or contract work is performed. Page 5 SRF Loan Agreement Muntclpal Systems 5/27/99 \\NAC-I \VOL3\DIV\LGD\PWB\Contractmg\SRF\98 Cycle Contracts\98-78898-035 doc 3. Copies of the approved closure reports from the Department of Revenue and the Department of Labor & Industries, certifying that all sales taxes have been paid and appropriate industrial insurance and prevailing wages have been paid. 4.11 Final Draw and Close-out Requirements At'the time ofproject completion, the BORROWER shall submit a Close-out Report together with a request for a final draw to the DEPARTMENT. The Close-out Report shall serve as a contract amendment for determining the final loan amount. The DEPARTMENT shall provide the Close-out Report form to the BORRROWER. 4.12 Recordkeeping and Access to Records The BORROWER agrees to keep such records as the DEPARTMENT may require. Such records will include information pertinent to work undertaken as part of the project, including demonstration of compliance with the terms and provisions of this agreement and all applicable federal, state and local laws and ordinances. The BORROWER agrees to retain these records for a period of six years from the date that the debt was retired. The DEPARTMENT and duly authorized officials of the state and federal governments shall have full access and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the BORROWER and of persons, firms, or organizations with which the BORROWER may contract, involving transactions related to this project and this agreement. 4.13 Reports The BORROWER, at such times and on such forms as the DEPARTMENT or the BOARD may require, shall furnish the DEPARTMENT with such periodic reports as it may request pertaining to the activities undertaken pursuant to this agreement including, but not limited to, quarterly progress reports, MWBE status, 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 4.17. 4.14 Indemnification It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. The BORROWER agrees that the DEPARTMENT is acting only as lender and is not directing or controlling its business as a manager, partner, owner, principal, or any other capacity. It is understood and agreed that no joint venture or partnership is formed as a result of this Agreement. Each party hereto agrees to be 'responsible and assume liability for its own negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify, defend and hold the other parties harmless from any such liability. In the case of negligence of more than one party, any damages allowed shall be 1ev,ied in proportion to the percentage of negligence attributable to each party; and each party shall have the right to seek contribution from each of the other parties in proportion to the percentage of negligence attributed to each of the other parties. 4.15 Amendments. Modifications, and Waivers The BORROWER may request an amendment of this agreement for the purpose of modifying the SCOPE OF WORK or for extending the time of performance as provided for in Section 4.04. No modification or amendment resulting in an extension of time shall take effect until a request in writing has been received and approved by the Board in accordance with Section 4.04. No amendment or modification shall take effect until Page 6 SRF Loan Agreement MUnJclpal Systems 5/27/99 \\NAC-I \V0L3\DIV\LGD\PWB\Contractmg\SRF\98 Cycle Contracts\98-78898-035 doc approved in writing by both the DEPARTMENT and the BORROWER and attached hereto. No conditions or provisions of this agreement may be waived unless approved by the DEPARTMENT in writing. 4.16 Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement that is not disposed of by this agreement shall be decided by a panel consisting of a representative of the DEPARTMENT, a representative of the BORROWER, and a representative of the BOARD. The panel shall reduce its decision to writing and furnish a copy to all parties to the agreement. The decision of the panel shall be final and conclusive. This clause does not preclude the consideration of questions of law in connection with decisions provided for in the preceding paragraph provided that nothing in this agreement shall be construed as making final the decisions of any administrative official, representative, or board on a question oflaw. 4.17 Termination for Cause If the BORROWER fails to comply with the terms of this agreement, or fails to use the loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the DEPARTMENT may terminate the agreement in whole or in part at any time. The DEPARTMENT shall promptly notify the BORROWER in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Upon termination of the loan agreement, the DEPARTMENT shall declare the entire remaining balance of the loan, together with any interest accrued, immediately due and payable. 4.18 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 of the state of Washington. Venue of any suit between the parties arising out of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW). 4.19 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. 4.20 Audit Audits of the BORROWER'S project activities may be conducted by the Office of the State Auditor. Audit costs are eligible project costs. The BORROWER shall maintain its records and accounts so as to facilitate the DEPARTMENT'S audit requirements. The BORROWER is responsible for any audit exceptions incurred by its own organization. The DEPARTMENT reserves the right to recover from the BORROWER all disallowed costs resulting from the audit. Page 7 SRF Loan Agreement MUllIclpal Systems 5/27/99 \\NAC-I \VOL3\D1V\LGD\PWB\Contractmg\SRF\98 Cycle Contracts\98-78898-035 doc BORROWERS expending $300,000 or more in any fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with Office of Management and Budget (OMB) Revised Circular A-133 "Audits ofInstitutions of Higher Education and Other Non-Profit Institutions. " BORROWERS expending less than $300,000 or more in any fiscal year in federal funds from all sources, indirect and direct, may have audits ~onducted by the Office of State Auditor (OSA) on the normal cycle used by OSA. 4.21 Project Monitoring and Inspection The DEP ARlMENT reserves the nght to enter the premises dunng business hours to monitor project activities throughout the contract period to assess progress, reVIew expenditures and documentation, to review files, and to inspect the system throughout the period of the Agreement. 4.22 Project Signs If the BORROWER 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 Board Drinking Water State Revolving Fund as a participant in the project. 4.23 Utilization of Minority and Women Business Ente:r:prises (MWBE) As mandated by the U.S. Environmental Protection Agency, The BORROWER is required to follow the steps identified in ATTACHMENT IV: SMALL AND DISADVANTAGED BUSINESS UTILIZATION REQUIREMENTS. The BORROWER is required to furnish the DEPARTMENT with such periodic reports as it may request pertaining to the utilization of disadvantaged businesses. The goals for the utilization of dIsadvantaged businesses are stated below. Construction 10% MBE 6% WBE SuppI1es 10% MBE 6% WBE Equipment 10% MBE 6% WBE Purchased Services 10% MBE 6% WBE 4.24 Utilization of Small Business In Rural Areas (SBRA) The BORROWER is required to follow the steps identified in ATTACHMENT IV: SMALL AND DISADVANTAGED BUSINESS UTILIZATION REQUIREMENTS. The "Fair Share" percentage for SBRAs is 0.5%. 4.25 Nondiscrimination Provision During the performance of this contract, the BORROWER 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 BORROWER'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 BORROWER may be declared ineligible for further contracts with the DEPARTMENT. The BORROWER Page 8 SRF Loan Agreement MUnICIpal Systems 5/27/99 \\NAC-l \VOL3\DIV\LGD\PWB\Contractmg\SRF\98 Cycle Contracts\98-78898-035.doc shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute of fact may be resolved in accordance with the Section 4.13, Disputes. 4.26 Transfer of Ownership During the term of this loan, any change in ownership of the water system(s) improved with funds received by the BORROWER under this loan agreement must be approved in writing by the BOARD. As a condition of approval, the BOARD reserves the right to demand payment in full of the outstanding principal balance of the loan. PART V: SPECIAL ASSURANCES The BORROWER assures compliance with all applicable federal, 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 Bidding Requirements The BORROWER shall comply with the provlSlons of RCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Drinking Water State Revolving Fund program. 5.02 Eligible Project Costs The BORROWER assures compliance with WAC 399-30-030(3) which identifies eligible costs for projects assisted with this loan. 5.03 Prevailing Wage The BORROWER assures compliance with the prevailing wage laws of the Washington State Public Works Act, Chapter 39.12 RCW. 5.04 Federal and State Requirements The BORROWER assures compliance with all applicable Federal and State requirements, including but not limited to those listed in Attachment III and IV. Page 9 SRF Loan Agreement MUniCIpal Systems 5/27/99 \\NAC-I \VOL3\DIV\LGD\PWB\Contractmg\SRF\98 Cycle Contracts\98-78898-035.doc DRINKING WATER STATE REVOLVING FUND ATTACHMENT I: SCOPE OF WORK LOAN NUMBER 98-78898-035 City of Port AnQeles (Borrower) Downtown watermain/sidewalk reconstruction (Project Title) 1. Provide a clear description of the project to be financed in part by a Drinking Water State Revolving Fund loan. (Attach additional sheets if necessary): The project construction will include 950 feet of 6 inch Ductile Iron Pipe (DIP), with appurtenant valving, services and utility relocations. Construction in sidewalk areas and of hollow sidewalk areas will entail demolition and construction of retaining walls (approximately 7,500 s.f.) Along with replacement of sidewalks/driveways meeting ADA requirements (approximately 13,00 s.f.), curb and gutter (approximately 1,000 I.f.), and street trees (18). As part of downtown image improvements, portions of the above sidewalk will be upgrades by use of pavers (approximately 1,000 s.y.) and paver crosswalks (5) will be added. If sufficient funds are available, approximately 320 I.f. of 8 inch DIP will be installed to replace undersized 2 inch galvanized iron pipe, with related appurtenances. If additional funds are available, approximately 340 I.f. of 8 inch DIP will be installed, to replace existing 6 inch cast iron pipe, including related sidewalk improvements. 2. The term of this 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 recipient prefers the term of its loan to be less than either 20 years or the useful life of the improvements, the preferred loan term should be indicated: years. 3. I, ~A-(2.."'I U-J. K ~ t....h..o..J of'L..~ ,--( , licensed engineer, certify that the average expected useful life for the improvements described above is /_ -s-- years. Date: L-. q~ 4/1-48"0") \ Signed: Telephone: T:\PWB\Contracting\SRF\SRF LA Attachments\98 SRF ATTACH1.dot Scope of Work, DWSRF Loan Agreement Number 98-78898-035 Page Two Estimated Proiect Costs: Preliminary Engineer Report $ Design Engineering $ 35,000 Bid Document Preparation $ 1,000 Environmental Studies $ Land/Right-Of-Way Acquisition $ Sales or Use Taxes $ 71,000 Audit Costs $ Other Fees $ Construction Inspection $ 6,000 Start-up Costs $ Financing Costs $ Contingency (10%) $ 91,000 Construction $ 908,000 TOTAL ESTIMATED COSTS $ 1,112,000 Anticipated FundinQ Sources: A. Federal Grants $ State Grants $ B. Locally Generated Revenue General Funds $ Capital Reserves $ 62,000 Other Fund $ Water Rates $ 50,000 Assessments $ (LID, RID, ULlD) Special Levies $ Federal Loan(s) from: (identify all) $ $ State Loan(s) from: (identify all) $ $ Other: (identify sources) $ $ TOTAL LOCAL REVENUE $ 112,000 DWSRF Loan C. DWSRF CONSTRUCTION LOAN (for project costs) $ 1,000,000 DWSRF LOAN FEE (3% of construction loan) \ $ 30,000 TOTAL DWSRF LOAN $ 1,030,000 R:\DIV\LGA\CIU\SRF\CONTRAcnSRF ATTACH 1.dot Scope of Work, DWSRF Loan Agreement Number 98-78898-035 Page 3 Calculatinq Local Percentaqe: Notes: 1. Expansion/Growth costs are not eligible for DWSRF funding. Please exclude ~JlY expansion or growth related costs and funding before calculating the local percenfage. 2. Grant funds can not be counted as local match. Calculate as follows: Total Local Revenue DWSRF Construction Loan + Total Local Revenue = Local Percentage _10%_ The local contribution must be at least ten percent (10%) R:\DIV\LGA\CIU\SRF\CONTRACT\SRF ATTACH 1.dot Drinking Water State Revolving Fund ATTACHMENT II: ATTORNEY'S CERTIFICATION I, c.. (L~, EY- 'D. K:......:lU,.st:)~ , hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the c.. \ ,......, (,) \:: Poa..... ~~b-C~ (the BORROWER); 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 BORROWER 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 BORROWER is empowered to accept the Drinking Water State Revolving 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 BORROWER from repaying the Drinking Water State Revolving Fund loan extended by the DEPARTMENT with respect to such project. The BORROWER 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 BORROWER. i/fjrf Date / CrM.5 O. I-<"",<h~ Name _po ~6iX \(~D J~ I e ~th.) por-1-AV\S..e-~s Wtl. q~36:l. Address / J Attachment III Federal and State Requirements 1) Environmental Authorities a) Archeological and Historic Preservation Act of 1974, Public Law 86-523 as amended b) Clean Air Act, Public Law 84-159 as amended c) Coastal Barrier Resources Act, Public Law 92-583 as amended d) Endangered Species Act, Public Law 93-205 as amended e) Environmental Justice, Executive Order 12898 f) Floodplain Management, Executive Order 11934 as amended by Executive Order 12148 g) Protection of Wetlands, Executive Order 11990 h) Farmland Protection Policy Act, Public Law 97-98 i) FISh and Wildlife Coordination Act, Public Law 85-624 as amended J) NatIOnal Historic Preservation Act of 1966, Public Law 89-665 as amended k) Safe Dnnking Water Act, Public Law 93-523 as amended 1) Wild and Scenic rivers Act, Public Law 90-542 as amended 2) Economic and Miscellaneous Authorities a) Demonstration Cities and Metropolitan Development Act of 1996, Public Law 89-754 as amended, Executive Order 12372 b) Procurement Prohibitions under Section 306 of the Clean air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Ac with Respect to Federal Contracts, Grants, or Loans I c) Uniform Relocation and Real Property Policies Act, Public Law 91-646 as amended d) Debarment and SuspensIOn, Executive Order 12549 3) Social Policy Authorities a) Age DIscrimination Act of 1975, Public Law 94-135 b) Title VI of the Civil Rights Act of 1964, Public Law 88-352 c) Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Pubhc Law 92-500 (the Clean Water Act) d) Section 504 of the Rehabilitation Act of 1973, Public Law 93-112 (inc1udmg Executive Orders 11914 and 11250) e) Equal Employment Opportunity, Executive Order 11246 f) Women's and Mmority business Enterprise, Executive Orders 11625, 12138 and 12432 g) Section 129 of the Small Business Administration ReauthonzatlOn and Amendment Act , of 1988, Public Law 100-590 Page 1 \\NAC-l\VOL3\DIV\LGD\PWB\Contractmg\SRF\SRF LA Attachments\DWSRF Attach III doc Attachment III 4) State Laws a) Chapter 36.70A RCW, Growth Management Act b) Chapter 39.80 RCW, Contracts for Architectural and Engineering ServIces c) Chapter 39.12 RCW, Washington State Public Works Act d) Chapter 43.20 RCW, State Board of Health e) Chapter 43.70 RCW, Department of Health t) Chapter 70.116 RCW, Public Water Systems Coordmation Act of 1977 g) Chapter 70.119 RCW, Public Water Supply Systems Certification and Regulation of Operations h) Chapter 70.119A RCW, Public Water Systems, Penalties & Compliances 1) Chapter 246-290 WAC, Group A Public Water Systems j) Chapter 246-291 WAC, Group B Public Water Systems k) Chapter 246-292 WAC, Waterworks Operator Certification Regulations 1) Chapter 246-293 WAC, Water Systems Coordination Act m) Chapter 246-294 WAC, Drinking Water Operating Permits n) Chapter 246-295 WAC, Satellite System Management Agencies 0) Chapter 173-160 WAC, Minimum Standards for Construction & Maintenance of Wells p) Title 173 WAC, Department of Ecology Rules q) Title 40 Part 141 Code of Federal Regulations, Federal National Primary Dnnking Water Regulations (Section Adopted by Reference) Page 2 \\NAC-l\VOL3\DIV\LGD\PWB\Contractmg\SRF\SRF LA Attachments\DWSRF Attach 1II doc /': 't- .. ' <If ~ Attachment IV SMALL AND DISADVANTAGED BUSINESS UTILIZATION REQUIREMENTS Affirmative steps shall include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation listsi; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; 5. Using the services and assistance of the Small Business Administrahon, and the Minonty Business Development Agency of the Department of Commerce; and 6. Requiring the prime contractor, if subcontracts are to be let, to take the 5 affirmative steps listed above. I Qualified Women and Minority business enterprises may be found on the Internet at www.omwbe.wa.govorbycontactingthe Washington State Office of Minority and Women's Enterprises at 360-704-1181. \\NAC-l \ VOL3\DIV\LGD\PWB\Contractmg\SRF\SRF LA Attachments\DWSRF Attach IV.doc