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HomeMy WebLinkAbout5.831 Original Contract ,> " .~ 5. <6:31 'L '.~ PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMENT NUMBER PW-07-962-015 CITY OF PORT ANGELES PART I: ENTIRE AGREEMENT This agreement, and incorporated attachments contains all terms and conditions agreed to by the WASHINGTON STATE PUBLIC WORKS BOARD (referred to as the "BOARD") and the CITY OF PORT ANGELES (referred to as the "BORROWER") and no other statements or representations, written or oral, shall be deemed a part thereof This contract includes ATTACHMENT I: SCOPE OF WORK, which consists of a description of local project activities, certification of the project's useful life, estimated project costs and fund sources; and ATTACHMENT II: ATTORNEY'S CERTIFICATION. These attachments are, by this reference, incorporated into this agreement as though set forth fully herein. The PUBLIC WORKS BOARD and the BORROWER have executed this agreement as of the date and year last written below. ~WER Sig~~~ 6.AR.rvJ A_. KP~E~~ PnntName Date MAVDR- Title APPROVED AS TO FORM ONLY This 6th Day of March. 2007 Rob McKenna Attorney General 4-0-07 Date -B-1 - (p DD I~ fa lr; Federal Taxpayer Identification Number By: Signature on File Andrew Scott Assistant Attorney General CITY OF PORT ANGELES Page 1 3/22/2007 ~ I . . . PART II: INTRODUCTION This loan agreement is made and entered into by and between the BOARD, or its successor, and the BORROWER. Acting under the authority of Chapter 43)55 RCW, the BOARD has awarded the BORROWER a Public Works Trust Fund loan for an approved public works project. PART III: PURPOSE The BOARD and the BORROWER 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 BORROWER 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 BORROWER a sum not to exceed $1,875,000. The interest rate shall be 0.5% perannum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the final payment due July 1, 2027. 4.02 Eligible Proiect Costs and Local Proiect Share The BORROWER pledges to use an amount oflocal funds as local project share of not less than 15% ofthe total eligible portion of the project cost not funded by federal or state grants as identified in ATTACHMENT I: SCOPE OF WORK. The amount of the local funds will be verified at project closeout. Any increase in the percentage oflocal funds may require an adjustment m the loan amount or interest rate charged, or both. The interest rate adjustment will apply to the remaining payments beginning the fiscal year of closeout. The BORROWER agrees to execute the Certified Closeout Amendment as an amendment to this agreement adjusting the loan amount or interest rate, as appropriate. Eligible project costs must consist of expenditures eligible under WAC 399-30-030 and be related only to project activities described in ATTACHMENT I: SCOPE OF WORK. Only those costs incurred after execution of this loan agreement can be reimbursed with Public Works Trust Fund monies. Expenditures made up to twelve (12) months prior to the execution of the loan agreement and verified at the tIme of project close out may be used as match for local project share. CITY OF PORT ANGELES Page 2 3/22/2007 4.03 Disbursement of Loan Proceeds The availability of funds in the Public Works Assistance Account is a function of tax collection, loan repayment, and legislative appropriation. If funding or appropriation is not available at the time the invoice is submitted, or when the agreement is executed, the issuance of warrants will be delayed or suspended until such time as funds become available. Therefore, subject to the availability of funds, warrants shall be issued to the BORROWER for payment of allowable expenses incurred by the BORROWER 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 85% of the eligible actual project costs. The BORROWER shall initiate a loan disbursement using a Washington State Invoice Voucher form. The loan funds will be disbursed to the BORROWER as follows: Upon formal execution of this agreement, a sum not to exceed 20% of the approved Public Works Trust Fund loan may be disbursed to the BORROWER. Monies shall not be used for any construction costs incurred prior to compliance with Executive Order 05-05 Archaeological and Cultural Resources as referenced in Section 4.22 or Section 106 of the National Historic Preservation Act, whichever applies to this project. Upon execution of a Public Works Trust Fund Notice to Proceed, which follows the formal award of a construction contract, and documented compliance with Executive Order 05-05 Archaeological and Cultural Resources as referenced in Section 4.22 or Section 106 of the National Historic Preservation Act, whichever applies to this project, a sum not to exceed 25% ofthe approved Public Works Trust Fund loan may be disbursed to the BORROWER. ' When the BORROWER certifies that 35% of the Public Works Trust Fund loan amount has, been spent, a sum not to exceed 25% of the approved Public Works Trust Fund loan may be disbursed to the BORROWER. When the BORROWER certifies that 60% of the Public Works Trust Fund loan amount has been spent, a sum not to exceed 25% of the approved Public Works Trust Fund loan may be disbursed to the BORROWER. At the time of project completion, the BORROWER shall submit, to the BOARD, a Certified Closeout Amendment certifYing the total actual project costs and local share. The final Public Works Trust Fund loan disbursement shall bring the total loan to the lesser of 85% of the eligible project costs or the total of $1,875,000. The Certified Closeout Amendment shall serve as a contract amendment determining the final loan amount, local share and interest rate. In the event that the final costs identified in the Certified Closeout Amendment indicate that the BORROWER has received Public Works Trust Fund monies in excess of 85% of eligible costs, all funds in excess of 85% shall be repaid to the Public Works Assistance Account by payment to the Department of Community, Trade and Econorriic Develop~ent, or its successor, within 30 days of submission ofthe Certified Closeout Amendment. CITY OF PORT ANGELES Page 3 3/22/2007 4.04 Interest Earned on Public Works Trust Fund Monies All interest earned on Public Works Trust Fund Monies held by the BORROWER shall accrue to the benefit of the BORROWER 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, or 2. Pay any part of eligible project costs that are in excess of ATTACHMENT I: SCOPE OF WORK estimates, ifthere is an overrun of project costs. The BORROWER 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. In event of termination, all principal, interest earned on invested loan principal, and accrued interest payable shall be repaid in full within 30 days by the BORROWER. 4.05 Time of Performance The BORROWER shall begin the activities identified within ATTACHMENT I: SCOPE OF WORK no later than three (3) months after loan agreement execution. No later than Twenty- four (24) months after loan agreement execution, the BORROWER must issue a Public Works Trust Fund Notice to Proceed, which follows the formal award of a construction contract. No later than forty-eight (48) months after the date of agreement execution the BORROWER must reach project completion. Failure to meet Time of Performance shall constitute default of this agreement. In the event of extenuating circumstances, the BORROWER may request, in writing, that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds vote, extend the deadline. The term of this agreement shall be for the entire term of the loan, regardless of actual project completion, unless terminated sooner as provided herein. 4.06 Repayment Loan repayment installments are due on July 1 SI of each year during the 20-year fixed term of the loan. The first loan repayment is due July 1, 2008. Interest only will be charged for this payment if a draw is made prior to this date. All subsequent payments shall consist of principal and accrued interest due on July 1 sl of each year during the remaining term ofthe loan. Repayment of the loan under this agreement shall include an interest rate of 0.5% per annum based on a 360 day year of twelve 30 day months. Interest will begin to accrue from the date each warrant is issued to the BORROWER,. The final payment shall be on or before July 1 S\ 2027, of 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 or make accelerated payments without penalty. CITY OF PORT ANGELES Page 4 3/22/2007 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 Washington State Department of Community, Trade and Economic Development, or its successor. 4.07 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 montWy penalty beginning on the first (151) day past the due date. The penalty will be assessed on the entire payment amount. The penalty will be one percent (1 %) per month or twelve percent (12%) per annum. The same penalty terms shall apply at project closeout if the repayment of loan funds in excess of eligible costs are not repaid within 30 days as provided for in Section 4.03. The BORROWER 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 BORROWER of such delinquency. The BORROWER shall be responsible for all legal fees incurred by the BOARD in any action undertaken to enforce its rights under this section. 4.08 Loan Security This loan is a revenue obligation of the BORROWER payable solely from the net revenue of the Sanitary Sewer system. 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 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. This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utility project. 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. 4.09 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 BORROWER and of persons, firms, or organizations with which the BORROWER may contract, involving transactions related to this project and this agreement. The BORROWER agrees to retain all records pertaining to this project and this agreement for a period of six years from the date of project closeout. 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. CITY OF PORT ANGELES Page 5 3/22/2007 4.1 0 Reports The BORROWER, shall furnish the BOARD with quarterly progress reports, a Certified Closeout Amendment and other periodic reports at such times and on such forms as the BOARD may require, pertaining to the activities undertaken pursuant to this agreement. Failure to file periodic reports as requested may result in termination of this agreement as per Section 4.13. 4.11 Indemnification The BORROWER will defend, protect, indemnify, save, and hold harmless the BOARD, and the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or all injuries to persons or tangible property, arising from the acts or omissions of the BORROWER 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 BORROWER, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party. 4.12 Amendments, Modifications, Assignments, and Waivers BORROWER may request an amendment to this agreement, which does not increase the amount of the loan, for the purpose of modifying the A IT ACHMENT I: SCOPE OF WORK or for extending the time of performance as provided for in Section 4.05. Neither this agreement nor any claims arising under this agreement may be transferred or assigned by the BORROWER without prior written consent of the BOARD. No conditions or provisions of this agreement may be waived unless approved by the BOARD in writing. No amendment or modification shall take effect until approved in writing by both the BOARD and the BORROWER and attached hereto. 4.13 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 A IT ACHMENT I: SCOPE OF WORK, the BOARD may terminate the agreement in whole or in part at any time. The BOARD shall notify the BORROWER 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 the BORROWER's obligation to repay the unpaid balance of the loan. 4.14 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 appropriated 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 BORROWER. Nothing in !his section shall affect BORROWER obligations to repay the unpaid balance of the loan. CITY OF PORT ANGELES Page 6 3/22/2007 4.15 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). 4.16 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. 4.17 Proiect Completion and Closeout Amendment The BORROWER shall initiate a Closeout Amendment when the activities identified in ATTACHMENT I: SCOPE OF WORK are completed. The BOARD will supply the BORROWER with the Certified Closeout Amendment documents upon request. The BORROWER will provide the following information to the BOARD: 1. A certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as described. 2. A certified statement that the project, as described in the Loan Agreement's Scope of Work, is complete and has been designed/constructed to required standards. 3. Certification that all costs associated with the project have been incurred. Costs are incurred when goods and services are received and/or contract work is performed. 4. Provide status of performance measures identified in ATTACHMENT I: SCOPE OF WORK. 5. In accordance with Section 4.03 of this agreement, the BORROWER will submit, together with the Certified Closeout Amendment, a request for a sum not to exceed the loan amount or refund of any excess loan funds. Any final disbursement shall not occur prior to the completion of all project activities. 6. Repayment of excess loan funds disbursed to the BORROWER must be made within 30 days of completion of the Certified Closeout Amendment. 4.18 Contractor Requirement The BORROWER shall be responsible to ensure that their contractor(s) are in compliance with the Department of Revenue and the Department of Labor & Industries requirements. CITY OF PORT ANGELES Page 7 3/22/2007 4.19 Audit Audits of the BORROWER'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 BORROWER. 4.20 Proiect 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 Trust Fund as a participant in the project. 4.21 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 BOARD. The BORROWER shall, however, be given a reasonable time in which to cure this noncompliance. 4.22 Historical and Cultural Artifacts Borrower agrees that Borrower is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural artifacts and agrees to hold harmless the State of Washington in relation to any claim related to such historical or cultural artifacts discovered, disturbed, or damaged as a result of Borrower's public works project funded under this agreement. The BORROWER agrees that, unless Borrower is proceeding under an approved historical and cultural artifacts monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the BORROWER shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at the Washington State Department of Archaeology and Historic Preservation (DAHP). The BORROWER shall require this provision to be contained in all contracts for work or services related to ATTACHMENT I: SCOPE OF WORK. In addition to the requirements set forth in this agreement Borrower agrees to comply with Revised Code of Washington (RCW) 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and, Washington Administrative Code (WAC) 25- 48 regarding Archaeological Excavation and Removal Permits. CITY OF PORT ANGELES Page 8 3/22/2007 '- In addition to the requirements set forth in this agreement Borrower shall, in accordance with Executive Order 05-05, coordinate with DAHP, including any recommended consultation with any affected tribe(s), during project design and prior to construction to determine the existence of any tribal cultural resources affected by the proposed public works project. Borrower agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing pre-requisite to receipt of funds under this agreement. Borrower agrees to furnish to the Board copies of any monitoring plan or agreement arising from Borrower's coordination and consultation with DAHP or an affected tribe. Failure by Borrower to fully comply with the requirements set forth in this provision to the satisfaction of the Board shall result in a suspension of loan disbursements or termination of this agreement if not timely cured. PART V: SPECIAL CONDITION None PART VI: SPECIAL ASSURANCES The BORROWER 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 Competitive Bidding Requirements The BORROWER 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 Eligible Proiect Costs The BORROWER assures compliance with WAC 399-30-030 which identifies eligible costs for projects assisted with Public Works Trust Fund loans. CITY OF PORT ANGELES Page 9 3/22/2007 :.- PUBLIC WORKS TRUST FUND ATTACHMENT 1: SCOPE OF WORK LOAN NUMBER PW-07-962-015 PORT ANGELES FRANCIS STREET SEWER MAIN 1. Provide a clear description of the project to be financed in part by a Public W orI(S Trust Fund loan. (Attach addittonal sheets if necessary): Scope of this loan This project involves the design and construction of approximately 3,500 feet of 36-inch diameter sewer main, from the north end of Francis Street to the headworks of the City's wastewater treatment plant. Scope of related work that will be desioned and constructed at the same time as above The remainder of this loan amount's funds, if any, will go toward the construction of the following additional work: Two sewer force mains, one 24-inch and the other 30-inch, will be installed in the same alignment as part of thiS project. The force mains will replace one existing, undersized force main. In addition, One 5 million gallon storage tank and associated property will be purchased and modified for use as a CSO storage facility, and flow diversion facilities will be constructed to manage flows (1) into and out of the storage facility, and (2) into and out of the existing treatment plant, for final treated effluent disposal via one or both outfalls. Document2 SCOPE OF WORK Page 2 PW -07 -962-015 2. Identify the project's performance measure. What are you Measuring Volume and duration of combined sewer overflows at CSO outfall number CSO#10, located at the north end of Francis Street. Flows are measured by a flow measuring device maintained by Geotivity, Inc. under contract with the City. Amount of Change The change that we expect from this project will be to decrease total annual CSO volume at CSO#10 from an average of 24 million gallons per year, to no more than 14 million gallons per year. Expected date to reach Performance Measure - MonthlY ear January 2013, based on the average of three years of data. Document2 SCOPE OF WORK Page 3 PW -07 -962-015 3. 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 local government prefers the term of its loan to be less than either 20 years or the useful life of the improvements, the preferred loan term should be mdicated:_20_ years. 4. I, _Stephen Sperr_, licensed engineer, certify that the average expected useful life for the improvements described above is _20_ years. CJ- n ~n.. I Signed: ~~ Date: 3{/1..}o=r Telephone: 360-417-4821 Professional Engineer LIcense Number _32818 Document2 v SCOPE OF WORK Page 4 PW -07 -962-015 Estimated Proiect Costs: Engineering Environmental Review/Permits Land/R -0- W Acquisition Public Involvement/Information Other Fees Construction Const. Inspection/Project Mgmt. Contingency (20%, including in above items) 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: (identIfy all) $ $ State Loan(s) from: (IdentIfy all) PWTF DeSIgn Loan $ PWTF ConstructIOn Loan $ Other: (IdentIfy sources) $ $ TOTAL LOCAL REVENUE C. PUBLIC WORKS TRUST FUND LOAN Total Costs $ 1,900,000 $ 100,000 $ 1,500,000 $ 20,000 $ 50,000 $ 10,250,000 $ 300,000 $ $ $ $ 14,120,000 435,000 590,000 1,875,000 $ 11,220,000 $ $ 435,000 $ 1,875,000 *Ifthese grant(s) are not obtained at the full amount, the remamder of funds needed WIll be prOVIded by wastewater rates and/or bond Issue. Document2 SCOPE OF WORK Page 5 PW -07 -962-015 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 _18.8_ 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% Document2 .. PORT ANGELES PW -07 -962-015 Loan Security Please indicate which option will be used for securing repayment of your loan and return this with your completed Scope of Work. 1. General Obligation: The loan will be secured by general obligation of the BORROWER. OR 2. X Revenue Obligation: The loan will be secured by utility revenue payable solely from 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 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. Please choose one of the following utility systems: Water X Sanitary Sewer (Wastewater) Stormwater Water/Sanitary Sewer Stormwater/Sanitary Sewer Solid Waste NOTE: Tills option may be used only If the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utIlity proJect. BORROWERS 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 providmg for a mixture of bridge, road, domestic water, sarutary sewer, and storm sewer activities may not use this option. OR 3. _ Local Improvement District: Pursuant to RCW 35.51.050, the BORROWER pledges to repay tills loan from assessments collected from a Local Improvement Dlstnct, Local Utility Distnct or other similar special assessment district in which the improvements financed by this loan are located. The name of the special assessment district is '.' 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 loa,n 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, property 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 tenns contained in the'loan agreement. ' , 4. Assump on of this obligation wo d not exceed statutory and administrative rule debt limitati ns applicable to the L GOVERNMENT. April ~ , 2007 Date William E. Bloor, City Attorney Name City of Port Angeles" P.O. Box 1150, Port Angeles, WA 98362 Address Washington State Public Works Board Post Office Box 48319 OlympIa, Washmgton 98504-8319 ,""'""----- r-...... ,..- '\ --. -::---_...,.,___~__ April 11 , 2007 ! I !) to' -~~ \~-::? U.:: ') \v/ I S-c: I -\ I I i r-- --, < " I <-, ~ I Iii i.! APR -1 ~-~o~-~'IIII 'ri JU LIL JllfJ/ i -- ~-__ E:!J i --~- ! ....~....,.-- ..........."'--..- ---..._~--"' -,- Ms. Terri Partch City Of Port Angeles PO BOX 1150 Port Angeles, W A 98362 Regarding: Public Works Trust Fund Loan Agreement Number PW-07-962-015 Dear Ms. Partch: Enclosed is a fully executed original of Public Works Trust Fund Loan Agreement Number PW -07 -962-015 between the Public Works Board and Port Angeles. Please keep this original with other local records related to your approved Public Works Trust Fund project. Also enclosed are vouchers for requesting funds along with instructions. If you have any questions please call, Chris Gagnon, your Client Services Representative, at (360) 586-4122 or you may call me at (360) 586-4135. Cathy Brac ann Loan Specialist CLB:cb Enclosure AdminIstrative serVIces provided by the Department of CommunIty, Trade and EconomIC Development (360) 586-4120 Fax (360) 664-3029 Web site' wwwpwb.wa gOY INSTRUCTIONS FOR COMPLETING PUBLIC WORKS TRUST FUND VOUCHERS General Information Section 4.03 of the Loan Agreement describes how your loan will be disbursed to you. Attached are Invoice Vouchers (Forms A 19-1 A) for loan draws totaling 95% of the loan amount. . Within thirty (30) days of contract execution, twenty percent (20%) of the loan will be disbursed. . 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, an amount not to exceed twenty five percent (25%) of the loan will be disbursed. . When the LOCAL GOVERNMENT certifies that 35% of the Public Works Trust Fund loan amount has been spent, an amount not to exceed twenty five percent (25%) of the lOan will be disbursed. . When the LOCAL GOVERNMENT certifies that 60% of the Public Works Trust Fund loan amount has been spent, a sum not to exceed twenty five percent (25%) of the loan will be disbursed. . The final 5 percent may be disbursed upon project close-out, including completion of all project activities. Each voucher should be signed and dated by the individual authorized by your jurisdiction to sign vouchers. Send the voucher to the Public Works Board at the address indicated on the voucher. Be sure to keep a copy for your local records. You should receive a Washington State warrant, or a direct deposit, approximately 14 days from the time you mail the voucher to DCTED. Final Payment The final loan payment will be withheld until your project has closed-out. Again, please review the terms of the Loan Agreement. When your project is near completion, call the Public Works Trust Fund to obtain a copy of the Final Project Report and the final Invoice Voucher. FORM A19-2A STATE OF WASHINGTON ';'>1: >,,' ;,;','AGENCY\,USE'ONLY,;\}i'\(;;,':,';(j:t'.'"",::, "; ;': ...' '~GE~9Y.!NQi:,\\/;~ ,'QOr\fIJ~ACJ)';J~.. 9,!~,gA Atrr1t ,N!;); , 1030 PW-07-962-015 VOUCHER DISTRIBUTION ,VENDOR NAME AND ADDRESS' " " AGENCY NAME AND,ADDRESS " \ ;',:. " .', , ~,,\,( 'oj " "'" " PORT ANGELES Attn: Public Works Board MS TERRI, PARTCH PO Box 48319 321 EAST FIFTH STREET Olympia WA. 98504 PO BOX 1150 PORT ANGELES, WA 98362 FEDERAL I D OR SOCIAL SECURITY NO RECEIVED BY DATE 916001266 1 st Draw By signing this form I certify funds disbursed as a result of this request will be used for eligible activities associated with the loan agreement's scope of work Signature: (DO NOT USE BLACK INK) Date. Title. Voucher # 1 Loan Amount: $1,875,000.00 First Draw: $375.000.00 Drawn to Date: $375,000.00 First Balance: $1,500,000.00 No disbursements will be made past the close-out date. FOR PWB USE ONLY Date Entered into PWB System Sent to CTED Warrant Issue Date PREPARED BY (Fiscal) DATE ISERVICE AREA APPROVAL DATE DOC DATE CURRENT DOC NO REF DOC NO IVENDOR NUMBER VENDOR MESSAGE M SUB TRANS 0 APPN PROGRAM SUB SUB INVOICE GENERAL SUF CODE D FUND INDEX INDEX OBJ OBJ CNTY CITY PROJECT AMOUNT NUMBER LEDGER APPROVED FOR PAYMENT BY FISCAL I DATE IWARRANT TOTAL Approved CTED Form A 19-2A (10/15/95) FORM A19-2A STATE OF WASHINGTON A ,'i, , ,>, ~ VOUCHER DISTRIBUTION ,VENDOR NAME AND ADDRESS ' .> , , > AGENCY NAME AND ADDRESS,'" , '/"\ ',"(""~,, , , , , ~ , l ~ PORT ANGELES AUn: Public Works Board MS TERRI, PARTCH PO Box 48319 321 EAST FIFTH STREET Olympia WA. 98504 PO BOX 1150 PORT ANGELES, WA 98362 FEDERAL 1.0 OR SOCIAL SECURITY NO. RECEIVED BY DATE 916001266 2nd Draw By signing this form I certify funds disbursed as a result of this request will be used for eligible activities associated with the loan agreement's number PW-07-962-015 Signature: (DO NOT USE BLACK INK) Date: Title: Voucher # 2 Loan Amount: $1,875,000.00 Previous Draws: $375,000.00 Second Draw: $468.750.00 Drawn to Date: $843,750.00 Balance: $1,031,250.00 Total Second Draw: $468.750.00 No disbursements will be made past the close-out date. FOR PWB USE ONLY Warrant Issue Date Date Entered into PWB System PREPARED BY (Fiscal) DATE /SERVICE AREA APPROVAL DATE DOC DATE CURRENT DOC NO REF DOC NO IVENDOR NUMBER VENDOR MESSAGE M SUB TRANS 0 APPN PROGRAM SUB SUB INVOICE GENERAL SUF CODE 0 FUND INDEX INDEX OBJ OBJ CNTY CITY PROJECT AMOUNT NUMBER LEDGER APPROVED FOR PAYMENT BY FISCAL IDATE I WARRANT TOTAL Approved CTED Form A19-2A (10/15/95) FORM A19-2A STATE OF WASHINGTON VOUCHER DISTRIBUTION VENDOR NAME AND ADDRESS '( ; " ,'AGENCY' NAME AND ADDRESS. " ~,' -;J., ' ' .' , , , " , J,,' PORT ANGELES Attn: Public Works Board MS TERRI, PARTCH PO Box 48319 321 EAST FIFTH STREET Olympia WA. 98504 PO BOX 1150 PORT ANGELES, WA 98362 FEDERAL I D OR SOCIAL SECURITY NO. RECEIVED BY DATE 916001266 3rd Draw By signing thiS form, I certify the 35% of the loan amount has been spent on the project and that all expenditures are properly chargeable to loan agreement number PW-07-962-015 Signature. (DO NOT USE BLACK INK) Date: Title: Voucher #3 Loan Amount: $1,875,000.00 Previous Draws: $843,750.00 Third Draw: $468,750.00 Drawn to Date: $1,312,500.00 Balance: $562,500.00 Total Third Draw: $468.750.00 No disbursements will be made past the close-out date. FOR PWB USE ONLY Date Entered into PWB System Warrant Issue Date PREPARED BY (Fiscal) DATE ISERVICE AREA APPROVAL DATE DOC DATE CURRENT DOC NO REF DOC NO IVENDOR NUMBER VENDOR MESSAGE M SUB TRANS 0 APPN PROGRAM SUB SUB INVOICE GENERAL SUF CODE D FUND INDEX INDEX OBJ OBJ CNTY CITY PROJECT AMOUNT NUMBER LEDGER APPROVED FOR PAYMENT BY FISCAL IDATE IWARRANT TOTAL Approved CTED Form A19-2A (10/15/95) FORM A19-2A STATE OF WASHINGTON VOUCHER DISTRIBUTION "VENDQR,NAME AND ADDRESS ':''''''"\~'.':; 1" ':' . '. '\ "" " AGENCY NAME'AND ADDRESS :; :^'; ";'j. !,,';/.3>.,'>", ' ,~, PORT ANGELES AUn: Public Works Board MS TERRI, PARTCH PO Box 48319 321 EAST FIFTH STREET Olympia WA. 98504 PO BOX 1150 PORT ANGELES, WA 98362 FEDERAL I D OR SOCIAL SECURITY NO RECEIVED BY DATE 916001266 4th Draw By signing thiS form, I certify the 60% of the loan amount has been spent on the project and that all expenditures are properly chargeable to the loan agreement number PW-07 -962-015 Signature: (DO NOT USE BLACK INK) Date: Title: Voucher #4 Loan Amount: $1,875,000.00 Previous Draws: $1,312,500.00 Fourth Draw: $468.750.00 Drawn to Date: $1,781,250.00 Balance: $93,750 Total Fourth Draw: $468.750.00 No disbursements will be made past the close-out date. FOR PWB USE ONLY Warrant Issue Date Date Entered into PWB System PREPARED BY (Fiscal) DATE ISERVICE AREA APPROVAL DATE DOC DATE CURRENT DOC NO REF DOC NO IVENDOR NUMBER VENDOR MESSAGE M SUB TRANS 0 APPN PROGRAM SUB SUB INVOICE GENERAL SUF CODE D FUND INDEX INDEX OBJ OBJ CNTY CITY PROJECT AMOUNT NUMBER LEDGER APPROVED FOR PAYMENT BY FISCAL IDATE IWARRANT TOTAL Approved CTED Form A19-2A (10/15/95)