HomeMy WebLinkAbout5.845 Original ContractMay 17, 2010
Ms. Terri Partch
City of Port Angeles
PO Box 1150
Port Angeles, WA 98362
Dear Ms. Partch:
Sincerely,
LeonaMoon Coldeen
CAU project manager
Enclosure
STATE OF WASHINGTON
DEPARTMENT OF CO ERCE
128 10th Avenue SW U PO Box 42525 a Olympia, Washington 98504 -2525 (360) 725 -4000
—*Mc—
Regarding: Closeout Amendment to PWTF Loan Agreement PW -07- 962 -PRE -117
Enclosed is a copy of the Certified Closeout Amendment to Public Works Trust Fund loan
agreement number PW -07- 962 -PRE -117. 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 contact me at leona.coldeen@commerce.wa.eov or call me at
360- 725 -3088.
5.8'L/5
AMENDMENT FACE SHEET
Loan Number: PW -07 -962 -PRE -117
PROJECT COMPLETION AMENDMENT
Washington State Department of Commerce
PUBLIC WORKS BOARD
PUBLIC WORKS TRUST FUND CONSTRUCTION AND PRECONSTRUCTION LOANS
1. Contractor 2. Contractor Doing Business As (optional)
City of Port Angeles N/A
321 East Fifth St
Port Angeles, WA 98362
3. Contractor Representative (only if updated) 4. Public Works Board Representative (only if updated)
N/A N/A
5. Original Contract Amount
$885,000 00
8. Amendment Funding Source
Federal: State: Q Other: N /A:
11. Federal Funds (as applicable):
N/A
12. Amendment Purpose:
The purpose of this amendment is to certify the project completion for the Public Works Trust Fund Loan Number PW-
07- 962 -PRE -117
The Board, defined as the Washington State Public Works Board, and Borrower /Contractor acknowledge and accept
the terms of this Agreement/Contract As Amended and attachments and have executed this Agreement/Contract
Amendment on the date below to start as of the date and year referenced above The rights and obligations of both
parties to this Agreement/Contract As Amended are governed by this Agreement/Contract Amendment and the
following other documents incorporated by reference Amendment Terms and Conditions, including Attachment I
Certified Project Completion Report A copy of this Agreement/Contract Amendment shall be attached to and made a
part of the original Agreement/Contract between the Board and the Borrower /Contractor Any reference in the original
Agreement/Contract to the "Agreement" or the "Contract" shall mean the "Agreement As Amended" or "Contract As
Amended," respectively
FOR THE BORROWER/CONTRACTOR FOR PUBLIC WORKS BOARD
Signature
6. DeObligation
$0 00
h2,tud A 1 &1Ii'o
Print Name
Ala
Title V
LIIq /1O
Date
City of Port Angeles
PW -07- 962- PRE -117
9. Amendment Start Date 10. Amendment End Date
Amendment Execution Date July 1, 2012
Federal Agency: CFDA Number:
N/A N/A
Xt
John LaRocque, Executive Di (4ctor
SI/ 3/
Date
7. Final Contract Amount
$885,000 00
APPROVED AS TO FORM ONLY
This 22 Dav of December. 2008
Rob McKenna
Attorney General
Signature on File
Kathryn Wyatt
Assistant Attorney General
Page 1 Project Completion Amendment
3/4/2010 Public Works Trust Fund
AMENDMENT TERMS AND CONDITIONS
PUBLIC WORKS BOARD
PUBLIC WORKS TRUST FUND CONSTRUCTION AND PRECONSTRUCTION LOANS
The purpose of this amendment is to acknowledge the project has been certified complete and the final loan amount,
interest rate, and local share on Public Works Trust Fund Loan Agreement/Contract Number PW- 07- 962 -PRE -117 have
been adjusted, if necessary, as reflected below.
The Public Works Board, (or its successor) a department of the state of Washington (hereinafter referred to as the
"Board and City of Port Angeles (hereinafter referred to as the "Borrower /Contractor agree to amend Public Works
Trust Fund Loan Agreement /Contract Number PW- 07- 962 -PRE -117 as described below.
The amount of the loan shall be $885,000.00. The interest rate shall be 0.50% per annum on the outstanding balance. The
Borrower /Contractor pledges to use an amount of local funds as local project share of not less than 15.0% of the total
eligible portion of the project cost not funded by federal or state grants as identified in the Loan Agreement/Contract's
Scope of Work.
The attachment to this amendment, Attachment I: Certified Project Completion Report, includes the following sections:
Chief Executive Officer and Project Engineer or Consultant Certifications; Estimated and Actual Project Costs by Cost
Category; Estimated and Actual Project Funding; Final Loan Draw and Local Match Worksheet; and Performance
Measures Report (for construction loans only).
City of Port Angeles
PW -07- 962- PRE -117
Page 2 Project Completion Amendment
3/4/2010 Public Works Trust Fund
ATTACHMENT I: CERTIFIED PROJECT COMPLETION REPORT
PUBLIC WORKS BOARD
PUBLIC WORKS TRUST FUND CONSTRUCTION AND PRECONSTRUCTION LOANS
Loan Number: PW -07 -962 -PRE -117
Project Name: CSO Project, Phase I
Original or Extended Project Completion Date: 3/6/2010
Chief Executive Officer Certification
The Chief Executive Officer of the Borrower /Contractor certifies that:
Contractor: City of Port Angeles
Address: 321 E 5th Street
Port Angeles, WA 98362
To the best of his /her knowledge, the financial information and data provided in this report is true and correct as of
the signature date indicated below, and no project costs listed in this report incurred more than twelve (12) months
before agreement/contract execution or after the date of the project completion;
Records supporting the information provided in this report are on file and will be made available by the
Borrower /Contractor upon request;
There are no outstanding liens against this project; and
Attached is a copy of the formal action accepting the project as being complete (FOR PRECONSTRUCTION
LOANS ONLY).
r
Signature of Chief Executive Off cer Title 0
Date of Signature
,i)(tniee ,6 67011'6
Print Name
Proiect Engineer or Consultant Certification
The Project Engineer or Consultant of the Borrower /Contractor certifies that:
To the best of his /her knowledge, the data provided in this report is true and correct as of the signature date
indicated below;
The project was completed in accordance with the Loan Agreement /Contract's Scope of Work; and
The project was completed on nQgl4 3(. 2009
(Actual Date of Project Completion)
Signature of Project E1cigineer or Consultant Title
gtept SPerr
Print Name
City of Port Angeles
PW -07- 962- PRE -117
Cry £►ngmetr
LI
Date of Signature
Page 3 Project Completion Amendment
3/4/2010 Public Works Trust Fund
Section 1: Estimated and Actual Project Costs by Cost Catetory
COST CATEGORY
Engineering Report (Preliminary Engineering)
Environmental Review
Historical Review /Cultural Review
Land/ROW Acquisition
Permits
Public Involvement/Information
Bid Documents (Design Engineering)
Construction
Other Fees: (Sales or Use Taxes)
Contingency: 10.00%
Other: City Labor 2008 -2009 relating to project
design
Other:
1 Other
Other:
TOTAL PROJECT COST
City of Port Angeles
PW -07- 962- PRE -117
ESTIMATED COSTS:
$425,000.00
$50,000.00
$25,000.00
$130,000.00
$65,000.00
$5,000.00
$1,050,000.00
$0.00
$0.00
$175,000.00
$0.00
$0.00
$0.00
$0.00
$1,925,000.00;
ACTUAL COSTS
$1,152,015.56
$46,148.30
$0.00
$0.00
$0.00
$0:00
$0.00
$0.00
$0.00
$133,878.53
$0.00
$0.00
$0.00
$1,332,042.39
Page 4 Project Completion Amendment
3/4/2010 Public Works Trust Fund
Section 2: Estimated and Actual Project Fundin2
TYPE OF
FUNDING SOURCE
Grants and Other Non--Matching Funds
Grant #1
Grant #2
Grant #3
New Grant
New Local
Revenue
Other Funds
Other Funds
Interest Earned on
Investment of
PWTF Loan Funds
City of Port Angeles
PW-07-962-PRE-117
Total Loans
Total Local Revenue 1
Total Other Funds I
TOTAL PROJECT FUNDING
ESTIMATED FUNDING
$0.0
$0.00
$0.00
$0.00 1
Total Grants and Other Non-Matching Funds
Loans
This Loan Request 1 Public Works Board $885, 000.00
Other Loan #1 PWB $590,000.00
Other Loan #2 $0.00
Other Loan #3 $0.00
New Loan
New Loan
$1,475,000.00
Local Revenue
Local Revenue #1 Waste Water Rates $450,000 00
City labor 2008-2009 related
Local Revenue #2 $0.00
to project design
Local Revenue #3 $0.00
$450,000.00
$0.00 1
1,925,000.00 I
ACTUAL FUNDING
$0.00 1
$0.00
$0.00
$0.00
$0.00
$885, 000.00 1
$0.00
$0.00
$0 00
$0.00
$0 00
8885,000.00
$225,751 53
$133,878.53
$0.00
$0.00
$359,630.06
$0.00
$87,412.33
$87,412.33 I
32,042.39
Page 5 Project Completion Amendment
3/4/2010 Public Works Trust Fund
Section 3: Final Loan Draw and Local Match Worksheet
PWTF Total Loan Amount at Loan Contract Execution
Costs Incurred after Loan Contract Execution
Costs Incurred up to 12 Months before Loan Contract Execution
Total Actual Eligible Project Costs
Total Actual State and Federal Grants
Reimbursable Eligible Project Costs
Percentage of Project Reimbursed by PWTF Loan at Loan Contract Execution
PWTF Share of Reimbursable Eligible Project Costs
Interest Earned on Investment of PWTF Loan Funds (should match the amount
under the Actual Funding Column in Section 2)
Maximum Eligible Cost for Reimbursement by PWTF Loan
Lesser of Total Loan Amount or Maximum Eligible Cost
Lesser of Maximum Eligible Cost or Costs Incurred after Loan Execution
Total Amount of Loan Desired if Less than Eligible Cost (should match "This
Loan Request" amount under the Actual Funding Column in Section 2)
PWTF Loan Total Amount Drawn to Date
Final Draw: Maximum Eligible Cost (or Total Amount of Loan Desired) less
the PWTF Loan Total Amount Drawn to Date (If negative amount, a refund is
required.)
Actual Local Share: Reimbursable Eligible Project Costs less the Sum of
Interest Earned on Investment of PWTF Loan Funds and Amount of Loan
Local Share Percentage at Project Completion
City of Port Angeles
PW -07- 962- PRE -117
Final Draw
(or refund due from
Borrower /Contractor
if amount on Line 15 is negative
$221,250.00
Page 6
3/4/2010
Current Interest Rate New Interest Rate
0.50% 0.50%
De- Obligation
$0.00
$885,000.00
$1,332,042.39
$0.00
$1,332,042.39
$0.00
$1,332,042.39
85.00%
$1,132,236.03
$87,412.33
$1,044,823.70
$885,000.00
$885,000.00
$885,000.00
$663,750.00
$221.250 00 15
$359,630 06 i 16
28.89%
Line
1
2
3
4
5
6
7
8
9
10
11
12
13
14
17
Project Completion Amendment
Public Works Trust Fund
Section 4: Performance Measures Renort—CONSTRUCTION LOANS ONLY
Performance Measure
Reduction in number of
permit violations
N/A
I N/A
City of Port Angeles
PW-07-962-PRE-117
T.
Anticipated/
Current Proposed Amount of Completion
System Measure Measure Change I Date*
Sanitary Sewer 67 3 64
Sanitary Sewer
Sanitary Sewer
If the performance measure is not yet completed, this date represents the anticipated date on which the
Borrower/Contractor will submit a Performance Measure Report/Update to the Public Works Board.
Page 7 Project Completion Amendment
3/4/2010 Public Works Trust Fund
..~ ..
5. 8-</5
STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY,TRADE AND ECONOMIC DEVELOPMENT
128 - 10th Avenue SW . PO Box 42525' Olympia, Washington 98504-2525 . (360) 725-4000
April 21, 2009
fD)~~~~\Yl~rm
lnl APR 2 3 2009 lllj
Ms. Terri Partch
City of Port Angeles
321 E. 5th Street
Port Angeles, W A 98362
City 01 Port Angeles
Public Worl.s and Ulilities Dept
Engmeermg SerYlces DIvIsion
Regarding: Public Works Trust Fund Loan Agreement
PW-07-962-PRE-117
Dear Ms. Partch:
Enclosed is a fully executed original of an amendment to your Public Works Trust Fund
Loan Agreement PW-07-962-PRE-117. The amendment extends the project completion
date for the above referenced loan from March 6, 2009 to March 6, 2010. Please keep
this original with other local records related to your approved Public Works Trust Fund
Loan Agreement
If you have any questions please contact me at leonac@cted.wa.gov or call me at
360-725-3088.
Sincerely;
~~
LeonaMoon Coldeen
CAD Project Manager
Enclosure
....."
o
AMENDMENT NUMBER 1
PUBLIC WORKS TRUST FUND
LOAN NUMBER PW-07-962-PRE-117
BETWEEN
THE PUBLIC WORKS BOARD
AND
CITY OF PORT ANGELES
The purpose of this amendment is to extend the project completion date of the Public Works
Trust Fund Loan Agreement/Contract NumberPW-07-962-PRE-117 from 3/6/2009 to a new
ending date of 3/6/20 1 O.
This amendment was approved by the Public Works Board, a department of the State of
Washington, (hereinafter referred to as the "Board"). The Board found the extension was
necessary for the following reason:
The city is having difficulty obtaining the right-of-way for the project on the former
Rayonier Mill Site. The city is negotiating with Rayonier for the right-of-way on the site.
The Board and the City of Port Angeles (hereinafter referred to as the "Borrower/Contractor")
agree to amend the Public Works Trust Fund Loan Ag~eement/Contract Number PW-07-962-
PRE-l 17 as described below.
Time of Performance Section of the Agreement/Contract Number PW-07-962-PRE-117 is
amended to read as follows:
The Borrower/Contractor shall begin the activities identified within Attachment 1: Scope of
Work no later than three (3) months after Agreement/Contract execution, and reach project
completion no later than 3/6/2010. .
Failure to meet Time of Performance shall constitute default of this Agreement/Contract.
In the event of extenuating circumstances, the Borrower/Contractor 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/Contract shall be for the entire term of the loan, regardless of
actual project completion, unless terminated sooner as provided herein.
A copy of this amendment, consisting of two (2) pages, shall be attached to and incorporated into
the original agreement/contract between the Board and the Borrower/Contractor. Any reference
in such agreement/contract to the "agreement" or "contract" shall mean "agreement as currently
amended" or "contract as currently amended" respectively. All other items and conditions of the
original agreement/contract or prior amendments that are not in conflict with the current
amendment shall remain in full force and effect.
/
City of Port Angeles
PW-07 -962-PRE-117
Page 1
3/4/2009
Extension Amendment
Public Works Trust Fund
..
In witness thereof, the Board and the Borrower/Contractor have executed this amendment as of,
the date and year last written below.
PUBLIC WORKS BOARD
-(~
Terry Davis, Finance & Operations Manager
~ 20 I 2J:tJi
Oat
BORROWE~CONTRACTOR
,\1 a. ? a~~\.
Signature
G tA- ~ \fRR. i4-LutJ,
Print Name
APPROVED AS TO FORM ONLY
This 18th Day of December, 2008
Rob McKenna
Attorney General
t"\l1'\O(
Title
()Lf- Ii? ~ D '7
Date . f
By: Signature on File
Kathryn Wyatt
Assistant Attorney General
City of Port Angeles
PW-07 -962-PRE-117
Page 2
3/4/2009
Extension Amendment
Public Works Trust Fund
5.8-<15
PUBLIC WORKS TRUST FUND
PRE-CONSTRUCTION LOAN AGREEMENT
NUMBER PW-07-962-PRE-117
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.
C[~
K;:Jrpn A Rngpr<;
Print Name
Date
M;:Jyor
Title
APPROVED AS TO FORM ONLY
This 4th Day of May, 2007
Rob McKenna
Attorney General
June 18, 2007
Date
91-6001266
Federal Taxpayer Identification Number
By: Signature On File
Andrew Scott
Assistant Attorney General
CITY OF PORT ANGELES
Page 1
6112/2007
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 43.155 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 1: 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 $885,000. The interest rate shall be 1/2% per annum on the
outstanding principal balance. The term of the loan shall not exceed 5 years, with the final payment
due July 1, 2012.
The BOARD may extend the term limit of the Pre-Construction project to twenty years when the
jurisdiction demonstrates that construction for this project will occur. The BORROWER must
provide written documentation of construction funding commitment before the first principal payment
is due.
4.02 Eligible Proiect Costs and Local Proiect Share
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
momes.
The BORROWER pledges to use an amount of local funds as local project share of not less than 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. The amount of the local funds will be verified at project
closeout. Expenditures made up to twelve (12) months prior to the execution of the loan agreement
and verified at the time of project closeout may be used as match for local project share. Any increase
in the percentage of local funds may require an adjustment in the loan amount or interest rate charged,
or both. The interest rate adjustment will apply to the remaining payments beginning the fiscal year
CITY OF PORT ANGELES
Page 2
6/12/2007
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.
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 seventy-five percent (75%) of the
approved Public Works Trust Fund loan may be disbursed to the BORROWER.
At the time of project completion, a Certified Closeout Amendment, (refer to Section 4.17 for
Certified Closeout Amendment), shall be submitted to the BOARD by the BORROWER certifYing
total actual project costs.
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$885,000. 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 Economic Development, or its successor, within 30 days of
submission of the Certified Closeout Amendment.
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 ofproject 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
CITY OF PORT ANGELES
Page 3
6/12/2007
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, and reach project completion no later
than eighteen (18) months after the date of agreement execution.
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 sl of each year during the term of the loan. The first
loan repayment is due July 1,2008. Interest only will be charged for thi~ payment if a draw is made
prior to this date. All subsequent payments shall consist of principal and accrued interest due on July
I sl of each year during the remaining term of the loan.
Repayment of the loan under this agreement shall include an interest rate of 1/2% 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 P\ 2012 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.
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 monthly penalty beginning on the first (l Sl) 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.
CITY OF PORT ANGELES
Page 4
6/12/2007
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.
4.10 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.
CITY OF PORT ANGELES
Page 5
6/12/2007
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 ATTACHMENT 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 ATTACHMENT 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 this section shall affect BORROWER
obligations to repay the unpaid balance of the loan.
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 Certified Closeout Amendment
The BORROWER shall initiate a Certified Closeout Amendment when actIVItIes identified in
ATTACHMENT I: SCOPE OF WORK are complete. The BOARD will supply the BORROWER
with the Certified Closeout Amendment documents upon request.
CITY OF PORT ANGELES
Page 6
6/12/2007
The BORROWER shall 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.
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 US.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
CITY OF PORT ANGELES
Page 7
6112/2007
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 fmancially 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.
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.
4.23 Competitive Bidding Requirements
The BORROWER shall comply with the provisions of RCW 43.155.060 regarding competitive
bidding requirements for projects assisted in whole or in part with money from the Public Works
Trust Fund program.
PART V: SPECIAL CONDITIONS
None
CITY OF PORT ANGELES
Page 8
6/[2/2007
PUBLIC WORKS TRUST FUND
Pre-Construction Program
ATTACHMENT 1: SCOPE OF WORK
PW -07 -692- PRE-II7
CITY OF PORT ANGELES
Loan Term: 5 Years
Proiect Title: CSO Projects, Phase 1
Scope of Work:
· Design of approximately 3,500 feet of 36-inch diameter sewer main, from the
north end of Francis Street to the headworks ofthe City's WWTP.
· Design oftwo sewer force mains, one 24-inch and the other 30-inch, each
approximately 8,000 feet long from Oak Street to the WWTP.
· Design of modifications to one existing 5 million gallon storage tank and
associated property for use as a CSO storage facility, and design of flow diversion
facilities will be constructed to manage flows into and out of the storage facility.
· Design ofWWTP modifications and a new pipeline for final treated effluent
disposal via one or both outfalls.
Scope of Work
Page Two
PW-07-962-PRE-117
Estimated Proiect Costs:
Engineering Report $ 425,000
Environmental Review $ 50,000
Cultural and Historical Resources Review
$25,000
(Executive Order 05-05)
Land/ROW Acquisition $130,000
Permits $65,000
Public Involvement/Information $ 5,000
Bid Documents $1,050,000
Construction $
;"
.
Other Fees $
Contingency (IO %) $ 175,000
Other: $
TOTAL ESTIMATED COSTS $ 1,925,000
Anticipated Fund Sources:
A. Federal Grants $ 0
State Grants $ 0
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)
PWB $ 590,000
Other: (identify sources)
$ 925,000
TOTAL LOCAL REVENUE $ 1,515,000
C. PUBLIC WORKS TRUST FUND LOAN $ 410,000
(
"
Scope of Work
Page 3
PW-07-962-PRE-117
Calculating Local Percentage: (Note: Please exclude any expansion/growth costs and
funding before calculating the local percentage.)
Calculate as follows:
Total Local Revenue
PWTF Loan + Total Local Revenue
Local Loan Percentage: 48%
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%
.
Public Works Trust Fund
ATTACHMENT II: ATTORNEY'S CERTIFICATION
I,
Wi 11 i::lm F. R1 oor
, 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, Washington
(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 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 BORROWER from
repaying the Public Works Trust 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
_ 1i1ations applicab~/t the BORROWER.
W;~ r ~
Signature of Attorney
.TlIne 19, 2007
Date
William E. Rloor
Name
P n Box 11SO, Port Aneeles, WA 9R~62
Address